This article talks about the right of an adopted child to inherit from his adoptive parents.
Republic Act. No. 11642, otherwise known as the “Domestic Administrative Adoption and Alternative Child Care Act” (RA 11642), elucidates on the procedure for adoption and the corresponding rights of adopted children, among others. Article V, Sec. 41 of the aforesaid law states that the “adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such in 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.”
Insofar as inheritance is concerned, Article 979 of the Civil Code enunciates:
“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.”
This is further reinforced by Section 43 of RA 11642 that “in testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations.” Thus, the law is clear that adopted children are heirs of their adoptive parents, can inherit from the latter and will have the same share as that of legitimate children.
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