May an adopted child inherit from the relatives of the adopter?

By Atty. Eduardo T. Reyes III

Adoption has been the legal solution to spouses, partners, or couples’ lifelong problem of not having a child of their own.

In law, adoption is deemed as a legal fiction that creates a parent-child relationship even if they are not blood related.

The law on adoption in the Philippines has evolved over time. Starting with the Civil Code, Article 979 (par. 2) states that “An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.” This means that an adopted child will inherit from the adoptive parents as if the adopted is one of the legitimate children.

Yet, the reverse is not the same. Article 984 of the Civil Code, in turn, provides that “In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs.” So, when the adopted child dies, their heirs will be the biological parents and not the adopters.

Then came the Family Code as amended by Republic Act No. 8552 (February 25, 1998), which amended the previous provisions on adoption and as to successional rights, the law was changed as follows:

“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. Unless death occurs during the aegis of Civil Code in which case, the biological parents will inherit” [Bartolome v. SSS, G.R. No. 192531, Nov. 12, 2014]).

Section 18 of RA 8552 was adopted in the most recent law on adoption which is RA 11642. Section 43 of which reads:

“Succession. – In testate and intestate succession, the adopters and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiations. However, if the adoptees and their biological parents have left a will, the law on testamentary succession shall govern.” (RA 11642, Jan. 6, 2022)

Notably, under the Family Code, the legal fiction congealed by adoption is limited to the adoptive parents and the adopted child. This means that should the adopters die, the adopted cannot inherit from the relatives of the adopters.

However, with the enactment of RA 11642, the legal fiction of paternity and filiation was extended to the “adopter’s parents, adopter’s legitimate siblings, and legitimate descendants.” This is found in Section 41 of RA 11642:

SEC. 41. Legitimacy. – 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. The legitimate filiation that is created between the adopter and adoptee shall be extended to the adopter’s parents, adopter’s legitimate siblings, and legitimate descendants.

                Too, under the same section, “The adopter is also given the right to choose the name by which the child is to be known, consistent with the best interest of the child.” (RA 11642, Jan. 6, 2022).

Therefore, under the present law on adoption which is RA 11642, the adopted child may now inherit not only from the adopters but from the parents of the adopter who will become the adopted child’s own grandparents, the adopter’s legitimate siblings who will become the adopted child’s own uncles and aunts, and the adopter’s legitimate descendants who will become the adopted child’s own siblings.

Indeed, the new adoption law has made it less discriminatory for the adopted child and more accepting of their status as if they are really part of the family to begin with.

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).