Adopted Children’s Right to Inherit from Adoptive Parents in the Philippines

Did you know that adopted children have the right to inherit from their adoptive parents?

According to the law, an adopted child is considered a legitimate child of the adoptive parents. This is stated in Republic Act No. 11642, also known as the “Domestic Administrative Adoption and Alternative Child Care Act” (RA 11642).

In Section 41 of RA 11642, it says: “[t]he adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of the family.”

This means that an adopted child is treated in all respects as a real child in the eyes of the law. When it comes to inheritance, Article 979 of the Civil Code states:

“Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.”

Also, Section 43 of RA 11642 says: “In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations.”

For example, imagine Sarah was adopted by Mr. and Mrs. Cruz. They also have a biological son named Daniel. When Mr. and Mrs. Cruz pass away, both Sarah and Daniel have the right to inherit their parents’ property. They are both seen as legitimate children, so they get equal shares of the inheritance.

This is important because it gives adopted children equal rights. They should not face discrimination when it comes to family rights and inheritance. This law promotes love and unity within the family, even if the child is adopted.

In simple terms, being adopted does not stop a child from getting the same rights as a real child, especially when inheriting from adoptive parents.