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How children born out of wedlock inherit

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How children born out of wedlock inherit


        

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  • 2024-06-20 09:01:42

    Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.
    Inheritance Law of the People's Republic of China
    Article 10 The estate shall be inherited in the following order:
    First order: spouse, children, 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.
    The unmarried woman Zhang and his married husband Wang were pregnant during their cohabitation, but under family pressure, they broke up. Zhang married Li Jia and gave birth to his daughter Li Yi five months later. Now that Wang is dead, Li Yi sues for inheriting Wang's inheritance with relevant evidence. Wang's family recognized the blood relationship between Li Yi and Wang, but thought that Li Yi was not born when Zhang and Wang lived together. Li Yi was born after Zhang and Li Jia married, and Li Yi had no right to inherit Wang's inheritance.
    There are three opinions on the handling of the case. The first opinion is that although Li Yi is Wang's illegitimate son, Wang did not claim Li Yi before his death, so Li Yi has no right to inherit Wang's inheritance. The second opinion is that Wang is not Zhang's ex husband, and Li Yi is not Li Jia's stepchild. Li Jia and Li Yi have an adoptive father daughter relationship, so Li Yi has no right to inherit the inheritance of his father Wang.
    The third opinion is that although Li Yi was not born when Zhang and Li Jia married, and his father Wang and Zhang were not legal couples, children born out of wedlock enjoy the same legal rights as children born in marriage. Li Yi is essentially Li Jia's stepchild, and Li Yi has the right to inherit the legacy of his father Wang. The author agrees with the third opinion for the following reasons:
    1. The particularity of this case is that Li Yi was conceived during the cohabitation of Zhang and Wang, and was born after Zhang and Li Jia married. Although Li Yi was only a fetus when Zhang and Wang lived together, the blood relationship between Li Yi, born after Zhang and Li Jia married, and Wang remained unchanged. For children born out of wedlock, their parents also have parental rights, and such parental rights do not need to be claimed by their parents. Since Wang has no will, legal inheritance is applicable to his estate. Li Yi, as his illegitimate child, is his legal heir and has the right to inherit Wang's estate. Therefore, the first opinion is obviously untenable.
    2. The second opinion reflects the difficulty of the case, that is, the determination of the identity relationship between Li Yi and Li Jia. Li Jia is obviously not Li Yi's biological father, so is he Li Yi's adoptive father? An adopted child refers to a child who has formed a parent-child relationship with the adoptive parents because of the establishment of the adoptive relationship. The status of an adopted child is obtained because of the establishment of the adoptive relationship. Only a legal adoptive relationship can form an adoptive parent-child relationship. The Adoption Law stipulates that adoption shall be registered with the civil affairs department of the people's government at or above the county level, and the adoptive relationship shall be established from the date of registration. However, Li Jia did not register to adopt Li Yi, and those who have a spouse must adopt their children together, while Zhang is Li Yi's biological mother, and there is no adoption problem, so Li Yi is not Li Jia's adopted child. Although the relationship between an adopted child and his or her parents and children will be eliminated after he or she forms a parent-child relationship with the adoptive parents, the adopted child can only inherit the inheritance of the adoptive parents and has no right to inherit the inheritance of his or her parents. However, Li Yi is not Li Jia's adopted son, and Li Yi has not formed an adopted son relationship with others, so his right to inherit the estate of his father is not excluded.
    3. Whether Li Yi is Li Jia's stepchild? The relationship between stepchildren and stepparents is a pseudo blood relationship, which is essentially a marriage between the stepchild's biological mother or father and another person, and whether their biological parents are legal couples, whether the marriage is a first marriage or a remarriage does not affect the acquisition of their stepchild's status. The reason why the above explanation is made is to reflect the social reality in the past, but now extramarital sexual behavior is increasing, and legal research should pay attention to it. As mentioned above, Wang and Zhang are living together illegally, and Zhang and Li Jia are married for the first time, which does not affect the establishment of the stepchild relationship between Li Yi and Li Jia. Stepchildren are different from adopted children. They have the right to inherit their father's estate. Li Yi, as the legal heir, has the right to inherit his father's estate.

    Two***

    2024-06-20 09:01:42

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