Do adopted children have the right to inherit the throne?

1. According to the provisions of the 2015 Civil Code

Article 654 of the 2015 Civil Code stipulates:

“Stepchildren and stepfathers and stepmothers, if they have a relationship of care and nurturing for each other like father and child, mother and child, shall inherit each other's estate and shall also inherit the estate according to the provisions of Articles 652 and 653 of this Code”.

Article 652 of the 2015 Civil Code stipulates:

“In case the child of the testator dies before or at the same time as the testator, the grandchild shall inherit the portion of the estate that his or her father or mother would have enjoyed if he or she were still alive; if the grandchild dies before or at the same time as the testator, the great-grandchild shall inherit the portion of the estate that his or her father or mother would have enjoyed if he or she were still alive”.

Referring to the question, because A has a relationship of care and nurturing for B like a mother and child, when A dies, B's children shall inherit the position.

We explain in more detail as follows:

Inheritance is a system stipulated in the Civil Code, according to which inheritance is the right of an individual who wants to leave a will to dispose of his or her property, leave his or her property to a legal heir, or receive inheritance according to a will or law. Is succession applicable to people with a nurturing relationship such as father, mother and child?

2. What is succession?

- Inheritance is stipulated in Article 652 of the 2015 Civil Code, succession will appear in the case where the child of the testator dies before or at the same time as the testator, the grandchild will receive the inheritance that his or her father or mother would have received if he or she were still alive. If the grandchild also dies before or at the same time as the testator, the great-grandchild will receive the inheritance that his or her father or mother would have received if he or she were still alive.

- Inheritance by substitution is more simply understood as the children (grandchildren, great-grandchildren) taking the place of their father or mother (grandfather or grandmother) to inherit the inheritance of their grandfather or grandmother (or great-grandfather) in the event that the father or mother (grandfather or grandmother) dies before or at the same time as the grandfather or grandmother (or great-grandfather).

For example: Mr. A has a wife and 2 sons, B and C, of ​​which B has 2 living children, C has 1 living child. Unfortunately, due to a traffic accident, Mr. A, Mr. B and Mr. C all died. At this time, Mr. A's heirs will include Mr. A's wife, Mr. B's 2 children and Mr. C's 1 child (the child who takes the place of the father to inherit his inheritance).

- Conditions for inheritance by substitution:

+ The person who takes the place of the father must be a child who meets the conditions to inherit from the deceased, including biological children and adopted children who are among the priority subjects when inheriting. But if they fall into one of the following cases, they will not be entitled to inherit and their successor will not be entitled to inherit:

Abusing or torturing the testator to death or causing damage to health or insulting the dignity and honor of the convicted person.

Not providing proper care for the testator in accordance with the obligations that the child must perform.

Intentionally committing an act aimed at killing another heir to inherit the inheritance.

There are acts that make the testator unable to make a will or make a will that is not in accordance with the testator's wishes in order to inherit their inheritance.

- The successor must be a direct blood relative of the person being replaced (must be a biological child or grandchild). Because according to the provisions of the 2015 Civil Code, adopted children and adoptive parents are each other's heirs. But if the position of the person adopted by the child or adopted child is not recognized by any legal basis, the adopted child simply cannot naturally become the grandchild of that person's father or mother.

- The person who is adopted must be the person who died before or at the same time as the person who left the inheritance. Inheritance by succession only arises when the first line of inheritance of the deceased person still has other living people. Because if no one in the first line of inheritance is still alive and the deceased does not leave a will, the people in the second line of inheritance will benefit.

3. Are adopted children entitled to inherit by succession?

- According to the 2010 Law on Adoption, the purpose of adoption is to establish a long-term, sustainable relationship between father, mother and child, for the best interests of the adopted person. The consequences of adoption are that from the date of handover of the adopted child, the adoptive parents and the adopted child have full rights and obligations of parents and children, and the adopted child and other members of the adoptive parents' family also have rights and obligations towards each other according to the provisions of the law on marriage and family, civil law and other relevant provisions of law.

- Based on the Law on Marriage and Family 2014, the adopted child and the adoptive father and mother have the rights and obligations of parents and children according to the provisions of the law on marriage and family, the law on adoption, the civil code and other relevant laws. Article 78 of the Law on Marriage and Family 2014 also stipulates the rights and obligations of adoptive parents and adopted children, accordingly, the adoptive father, adoptive mother and adopted children have the rights and obligations of parents and children as prescribed in the law on marriage and family from the time the adoption relationship is established according to the provisions of the law on adoption