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Do stepchildren have the right to inherit property

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Do stepchildren have the right to inherit property


        

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  • 2024-06-22 11:00:59

    With regard to whether an adopted child has the right to inherit, the so-called adopted child is also called an adopted child. If the adoptive relationship between the two parties is established, the rights and obligations of the adopted child and his/her biological parents will disappear as a result of the establishment of the adoptive relationship, and the rights and obligations between the adopted child and the adoptive parents will follow. According to the provisions of the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, the formation of a foster relationship means mutual inheritance. That is to say, there is no difference between the inheritance relationship between the adopted children and their adoptive parents and the inheritance rights of their own children. The legal inheritance or testamentary inheritance is adopted. The legal inheritance directly stipulates the scope of the heirs, the inheritance order, and the principles of inheritance distribution.
    Successors in the first order are spouses, children and parents, and children include legitimate children, illegitimate children, adopted children and step children with dependency relationships. Therefore, adopted children not only enjoy the right of inheritance, but also enjoy the same share as other heirs in the first order.
    Whether or not a foster relationship has been formed with the parents, it should be noted that if the adopted child has performed the duty of supporting and supporting the adoptive parents, a foster relationship has been formed. Then the adopted child has the right to inherit the adoptive parents' inheritance. If the adopted child did not live with the adoptive parents, and was not raised and educated by the adoptive parents. If they do not have the obligation to support them, they do not enjoy the right of inheritance.
    Article 26 of the Marriage Law of the People's Republic of China
    The State protects legal adoptive relationships. The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between adoptive parents and adopted children. The rights and obligations between an adopted child and his or her biological parents shall be extinguished by the establishment of the adoptive relationship.
    Article 10 of the Inheritance Law of the People's Republic of China
    Scope and sequence of heirs
    The estate shall be inherited in the following order: first, spouse, children and parents. The second order: brothers and sisters, grandparents, maternal grandparents. After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit. If there is no successor in the first order, the successor in the second order shall inherit. The term "children" as mentioned in this Law includes legitimate children, illegitimate children, adopted children and step children who are dependent on them. The "parents" referred to in this Law include biological parents, adoptive parents and step parents who have supported or supported them. For the purposes of this Law, "brothers and sisters" include brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

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