Sie sind auf Seite 1von 3

Should an adopted child be allowed the right to represent the adopting parent in the estate of the latter's

parent?
Right of representation:
SUBSECTION 2. Right of Representation
Art. 970. Representation is a right created by fiction of law, by virtue of which the representative is raised
to the place and the degree of the person represented, and acquires the rights which the latter would have
if he were living or if he could have inherited. (942a)
Art. 971. The representative is called to the succession by the law and not by the person represented. The
representative does not succeed the person represented but the one whom the person represented would
have succeeded. (n)
Art. 972. The right of representation takes place in the direct descending line, but never in the ascending.
In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of
the full or half blood.
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.
Adoption laws:
Family Code
TITLE VI
PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or
illegitimate.
TITLE VII
ADOPTION
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall
acquire the reciprocal rights and obligations arising from the relationship of parent and child, including
the right of the adopted to use the surname of the adopters;

(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the
adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority
over the adopted shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of his parents and other blood relatives.

Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following
rules:
(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall
inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with
the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and
the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they
shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate
children of the adopted and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they
shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, onethird by the surviving spouse, and one-third by the adopters;
(5) When only the adopters survive, they shall inherit the entire estate; and
(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or
intestate succession shall apply.

Republic Act No. 8552

February 25, 1998

Section 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter of the adopter(s)
for all intents and purposes and as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters 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.
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.
Commentaries:
If the adopting parent should die before the adopted child, the latter cannot represent the former in the
inheritance from the parents or ascendants of the adopter. The adopted child is not related to the deceased
in that case, because the filiation created by fiction of law is exclusively between the adopter and the

adopted. "By adoption, the adopters can make for themselves an heir, but they cannot thus make one for
their kindred. (Tolentino, Commentaries and Jurisprudence on the Civil Code of the Philippines, volume
three, 1979, p. 464.)
Foreign laws:
Virgin Islands
Adoptive Parents in Relation to Adopted Person Citation: Ann. Code Tit. 16, 146
Adoptive Parents in Relation to Adopted Person Citation: Ann. Code Tit. 16, 146 An adopted child is
deemed, for the purpose of inheritance, the child of the parent(s) by adoption, except that he or she is
prohibited from taking property expressly limited to heirs of the body of the adoptive parent(s) or
property from the lineal or collateral kindred of such parent(s) by right of representation.
New Jersey
Birth Parents in Relation to Adopted Person Citation: Ann. Stat. 9:3-50; 2A:22-3
The entry of a judgment of adoption shall: Terminate all parental rights and responsibilities of the parent
towards the adoptive child, except for a parent who is the spouse of the petitioner and except those rights
that have vested prior to entry of the judgment of adoption Terminate all rights of inheritance under
intestacy from or through the birth parent unless that parent is the spouse of the petitioner or that parent or
other relative had died prior to the judgment of adoption Terminate all rights of inheritance under
intestacy from or through the child that existed prior to the adoption The right of the adult adopted person,
and of such persons as legally represent him or her on his or her death, to take and inherit intestate
personal and real property from his or her birth parents and their kindred shall not be altered by the
adoption. In all other respects, all rights, privileges, and obligations due from the birth parents to the adult
adopted person and from the adopted person to them and all relations existing between such person and
them shall be at an end, including the right of the birth parents and their kindred to take and inherit
intestate personal and real property from and through the adopted person.
District of Columbia
Adoptive Parents in Relation to Adopted Person Citation: Ann. Code 16-312
A final decree of adoption establishes the relationship of parent and child between adopter and adoptee
for all purposes, including mutual rights of inheritance and succession as if the adoptee were born to the
adopter. The adoptee takes from, through, and as a representative of his or her adoptive parent(s) in the
same manner as a child by birth; and upon the death of an adoptee intestate, his or her property shall pass
and be distributed in the same manner as if the adoptee had been born to the adopting parent(s) in lawful
wedlock.