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Old 10-17-2016, 12:57 PM   #1
Angie1975
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Default adoption and hereditary rights

If a person is legally adopted by the sister of her biological father, does the person still has hereditary rights from the biological father.
Upon the death of the biological father, Does the adopted person has rights to claim her share from her biological father's wealth?
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Old 10-17-2016, 02:52 PM   #2
AFFA
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Default Re: adoption and hereditary rights

I wish to inform you that Article 979 states Legitimate children as legal heir to property. As you were legitimate child of your parents thus you may claim property rights. Your adoption changes your guardian. After adoption you have right to claim inheritance from your adopted parents also but that does not necessarily restrict you from claiming property from biological parents.

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Old 10-18-2016, 02:19 AM   #3
goddessoflubboc
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Quote:
Originally Posted by Angie1975 View Post
If a person is legally adopted by the sister of her biological father, does the person still has hereditary rights from the biological father.
Upon the death of the biological father, Does the adopted person has rights to claim her share from her biological father's wealth?
Only if the biological parent left a will and named them as an heir.

“Section 18. Succession. — In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.”
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Old 10-18-2016, 04:36 AM   #4
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Default Re: adoption and hereditary rights

[The biological parents of an adopted child cannot inherit from the latter and vice-versa except through a will, which must comply with the law on testamentary succession.]


The above is the standard answer to this question, meaning to my knowledge that the person only inherits through the new adopted parent. In the questioner's case inheritance of some family assets may still occur but it will have to be through the sister that did the adoption.



Note also:
Republic Act No. 8552 February 25, 1998
Section 16. Parental Authority. – Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s).


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Old 10-11-2017, 08:28 AM   #5
tommysanchez
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Default Re: adoption and hereditary rights

If parents want they can share their wealth.
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