Current location - Health Preservation Learning Network - Fitness coach - Why do some people say that illegally adopted children have the right to inherit, while others say that they don't? Thanks ~!
Why do some people say that illegally adopted children have the right to inherit, while others say that they don't? Thanks ~!
First question: First of all, as long as there is a de facto adoption relationship, the court should recognize it as adoption. Article 10 of China's Inheritance Law stipulates that children mentioned in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.

Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.

"the Supreme People's Court on implementation

2 1. If a stepchild inherits the inheritance of his stepparents, it does not affect his inheritance of his biological parents.

If the stepparents inherit their stepchildren's inheritance, it will not affect their inheritance to their children.

"the Supreme People's Court on implementation

22. The relationship between adoptive grandparents and adopted grandchildren is regarded as the relationship between adoptive parents and adopted children, and they can be the first heirs to each other.

Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.

"the Supreme People's Court on implementation

23. Between adopted children and adopted children, between adopted children and adopted children, brothers and sisters are adopted and can be the second heirs to each other.

The rights and obligations between the adoptee and his brothers and sisters are destroyed by the establishment of the adoption relationship, and they cannot be the second successors to each other.

"the Supreme People's Court on implementation

24. The inheritance right between stepbrothers and sisters occurs because of the maintenance relationship between stepbrothers and sisters. If there is no dependency relationship, they can't be each other's second-order heirs.

If stepbrothers and sisters inherit from each other, it will not affect their inheritance to their own brothers and sisters.

The second question: I looked around and found no legal basis for this, but according to the principle of public order and good customs, as long as the adoption relationship is proved, the court should consider it as adoption. This is the key part of the two cases.

Every place should have flexible regulations. You can check it. Of course, those flexible regulations are regional, and there are no national laws and regulations.