Inheritance rights of adopted children and illegitimate children are governed by law

In practice, when inheritance disputes arise, one of the most contentious issues is the right of adopted children and illegitimate children to inherit. Many families believe that only biological children born within a legal marriage have the right to inherit, while adopted children or children born out of wedlock are not legally recognized.

However, according to the 2015 Civil Code, inheritance rights do not entirely depend on whether a child was born within or outside of marriage. In many cases, legally adopted children and illegitimate children still have the right to inherit under current law if they meet the relevant legal conditions.

1. Can illegitimate children inherit?

This is a fairly common issue in practice, especially when the deceased dies and the family disputes over blood relations.

The law does not differentiate between children born within or outside of marriage.

According to Vietnamese law, the biological children of the deceased, whether born within or outside of marriage, have equal inheritance rights if the parent-child relationship is legally established. This means that if an illegitimate child can prove a blood relationship with the deceased, they can still be considered legal heirs.

In practice, many people mistakenly believe that only children whose names are on their parents' marriage certificate are entitled to inheritance. However, current law protects the rights of children based on blood relations, not just the marital status of their parents.

Proving paternity is often a point of contention.

There are quite a few cases where families do not acknowledge an illegitimate child or believe that the child does not have sufficient legal grounds to claim inheritance.

In these situations, the crucial issue is usually proving the parent-child relationship through birth certificates, paternity acknowledgment decisions, or other relevant documents and evidence as stipulated by law. In some complex cases, disputes may involve requests for paternity testing or DNA testing to establish the basis for inheritance rights.

2. Do adopted children have the right to inherit property?

According to Vietnamese law, legally adopted children, in principle, still have the same right to inherit as biological children in many cases.

The legal adoptive-child relationship is recognized by law.

If the adoption is carried out in accordance with the law, then the rights and obligations between adoptive parents and adopted children will be similar to those of biological parents and children. This means that legally adopted children can still be first-degree heirs of their adoptive parents according to the law on inheritance.

In addition, in practice, many people only raise children in reality but have not completed the legal adoption procedures. This is also a reason why inheritance disputes arise quite often when the deceased passes away.

Do adopted children inherit from their biological parents?

In many cases, this is a matter that families easily misunderstand. According to current regulations, whether an adopted child still has the right to inherit from their biological parents depends on the legal status of the adoption relationship and each specific case. Therefore, when handling inheritance disputes involving adopted children, reviewing adoption records and the actual family relationship is crucial.

3. When are inheritance disputes likely to arise?

In practice, disputes involving adopted and illegitimate children often arise when the testator does not leave a clear will or the family disagrees on who is entitled to inherit.

Property registered in a single name but multiple people claim to share it.

There are cases where all the property is registered in the name of the deceased, but after their death, someone else claims recognition of the father-child relationship or requests inheritance rights as an adopted child. This prolongs the inheritance distribution process due to the need for further verification of legal status and family relationships.

Wills can still be disputed.

Even if the deceased has left a will, disputes can still arise if there is evidence that the will is invalid or affects the rights of those entitled to inheritance regardless of the will's content, as stipulated by law.

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