[LEGAL ARTICLE]
Together, building a peaceful and happy family is always the desire of many couples and children. For infertile couples who want to bring up abandoned children, they will choose to adopt a child together. There are families where adoptive parents and adopted children have a very close relationship, love each other, they will want their adopted children to receive their inheritance. But there are also families where the biological and adoptive children conflict with each other over the division of inheritance when their parents die. So the question here is, can adopted children be inherited?
1️⃣ Establishment of legal adoption relationship
A necessary condition for an adopted child to inherit an inheritance left by his adoptive parents is that they must be a legally adopted child.
According to the provisions of Clauses 1, 2, Article 8 and Article 14 of Law on Adoption 2010 regarding conditions for adopters and conditions of adopters
Adopting persons must have full civil act capacity; be 20 years or older than the adopted child; meeting conditions on health, economy, and accommodation to ensure the care, nurturing and education of the adoptive child; have good moral character and are not in the case of not being adopted such as: serving a prison sentence, not having a criminal record removed for one of the specific crimes, ...
The person to be adopted must be a child under 16 years old. If adopted by a stepfather, stepmother, aunt, uncle, aunt, uncle or uncle, he must be from full 16 years old to under 18 years old.
According to the provisions of Article 9 of Law on Adoption 2010, the adoption registration must be conducted at the commune-level People's Committee for domestic adoption registration; Provincial People's Committee or Department of Justice of the province or centrally-run city for the registration of child adoption involving foreign elements; Overseas Vietnamese representative missions for adoption registration of Vietnamese citizens temporarily residing abroad.
2️⃣ Inheritance according to law
Under the provisions of Clause 1, Article 23 and Clause 1, Article 24 of the Law on Adoption 2010, from the date the competent agency grants the adoption certificate and the adoption agency, between the adoptive parents and the adopted child full rights and obligations of parents and children. Once the relationship between adoptive parents - adopted children is legally established, adoptive parents - adopted children inherit each other's inheritance according to Article 653 of Civil Code 2015.
According to the provisions of Point a, Clause 1, Article 651 of the 2015 Civil Code, the first line of inheritance under the law includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother, natural child, adopted child. belong to dead people.
So, the answer to this article is: Adopted children are inherited from adoptive parents when and only if they are legal adopted children of the deceased. In fact, there are many cases because "Birth is not fair", adoptive parents have lived with their adoptive children for almost half of their life and consider them as their own children, so when they die, they want to leave behind. to be adopted but there is no legal document. Also c There are many more common cases when someone claims to be adopted to dispute an inheritance with a biological child. However, they do not have legal documents to prove their adoptive parent-child relationship. At that time, the above cases do not give rise to the inheritance right of the adoptive child because the condition of "legal adoption" of the deceased is not met.

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