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The Right To Enjoy The Inheritance Of Adopted Children

Enterprise 26/03/2024

Disputes over inheritance and inheritance rights between adopted children and biological children after the adoptive parents pass away are relatively common and complicated. So how is the right to inherit an adopted childs inheritance regulated by law? Or join Apolo Lawyers to learn about the right to inherit an adopted childs inheritance.

The Right To Enjoy The Inheritance Of Adopted Children

Disputes over inheritance and inheritance rights between adopted children and biological children after the adoptive parents pass away are relatively common and complicated. So how is the right to inherit an adopted childs inheritance regulated by law? Or join Apolo Lawyers to learn about the right to inherit an adopted childs inheritance.

1/ What is an adopted child? What are the conditions for people adopting children?

Adoption is the establishment of the father, mother and child relationship between the adoptive parent and the adopted person. Accordingly, an adopted child is a person who is adopted after the adoption is registered by a competent state agency.

The Right To Enjoy The Inheritance Of Adopted Children

So what are the conditions for adopting a child? Pursuant to the provisions of Article 14 of the 2010 Law on Adoption, conditions for domestic adopters are as follows:

- The adoptive person must meet the following conditions:

+ Have full civil act capacity;

+ 20 years or more older than the adopted child;

+ Have health, economic, and housing conditions to ensure the care, upbringing, and education of adopted children;

+ Have good moral character.

- The following people are not allowed to adopt children:

+ Some rights of parents towards minor children are being restricted;

+ Currently serving an administrative handling decision at an educational facility or medical treatment facility;

+ Currently serving a prison sentence;

+ The criminal record for one of the crimes of intentionally violating the life, health, dignity or honor of another person has not been erased; mistreating or torturing grandparents, parents, spouses, children, grandchildren, or people who have contributed to raising them; luring, coercing or harboring minors to violate the law; buying, selling, exchanging, and appropriating children.

- In case a stepfather adopts his wifes stepchild, a stepmother adopts her husbands stepchild, or a biological aunt, uncle, or aunt adopts a grandchild, there is no need to meet the condition of being 20 years older than the adopted child. or higher and have health, economic, and housing conditions to ensure the care, upbringing, and education of adopted children.

- Particularly for adoptions involving foreign elements, in addition to the above conditions, Vietnamese people residing abroad and foreigners permanently residing abroad who adopt Vietnamese people must meet all of the following conditions: according to the laws of the country where that person permanently resides. For Vietnamese citizens adopting foreigners, they must meet all conditions according to the laws of the country where the adopted person permanently resides.

The Right To Enjoy The Inheritance Of Adopted Children

2/ Divide the estate according to law

According to the provisions of Article 612 of the 2015 Civil Code, inheritance is understood as the property left by an individual after death, including the deceaseds personal property and the deceaseds property in common property with others.

An individuals estate after death, if there is no will or an invalid will, the assets will be distributed to the heirs according to law. Pursuant to the provisions of 651 of the 2015 Civil Code, the heirs at law are prescribed in the following order:

  • The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;
  • The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;
  • The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, maternal uncle, maternal aunt, maternal aunt; The deceaseds great-grandchildren are paternal and maternal great-grandchildren.
  • Thus, adopted children still have the right to enjoy the inheritance left by  adoptive parents. Article 653 of the 2015 Civil Code stipulates that adopted children and adoptive fathers and adoptive mothers can inherit each others estate and can also inherit the estate according to the provisions of Article 651 and Article 652 of this Code.

3/ Right to enjoy the inheritance of adopted children

Pursuant to the provisions of Article 610 of the 2015 Civil Code:

“Every individual is equal in the right to leave his or her property to others and the right to enjoy inheritance according to will or law.”

Heirs of the same line of inheritance will receive equal shares of the inheritance. In addition, if biological and adopted children are placed in the same first line of inheritance, they will receive equal inheritance without distinction between biological and adopted children. Therefore, if you are an adopted child, your right to enjoy the inheritance left by your parents is guaranteed as if you were a biological child.

The Right To Enjoy The Inheritance Of Adopted Children

4/ Lawyers advise on resolving disputes arising from the right to inherit an adopted childs inheritance

When you use the lawyer service to advise on resolving disputes arising from the inheritance rights of adopted children of Apolo Lawyers Law Firm. You will be provided with a number of legal activities as follows:

• Advise clients on legal issues related to disputes arising from the right to inherit an adopted child: determining whether an adoption is legal or not, determining inheritance and inheritance inheritance, the portion of inheritance that the adopted child is entitled to enjoy, etc.

• Participate in mediation;

• Participate in the process of resolving inheritance disputes at a competent court. Support and guide customers to collect documents and evidence of the case.

If customers have any difficulties or questions about  adopted childrens right to inherit  inheritance, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or Hotline - 0903.419.479 for advice. Best advice and support.

Apolo Lawyers always provides professional legal services with outstanding quality. We keep customer information absolutely confidential. And the important thing that brings us success is that we always give our customers peace of mind and maximum benefits in each case.

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