Article 10 of the Inheritance Law of People's Republic of China (PRC) stipulates that the inheritance shall be in the following order: the first order: spouse, children and parents.
Article 15 of the Adoption Law of People's Republic of China (PRC): Adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoption relationship shall be established from the date of registration. Where an abandoned baby or child whose biological parents cannot be found is adopted, the civil affairs department that handles the registration shall make an announcement before registration. If the parties to the adoption relationship are willing to conclude an adoption agreement, they may conclude an adoption agreement.
Article 23 of the Adoption Law of People's Republic of China (PRC): From the date of the establishment of the adoption relationship, the rights and obligations between adoptive parents and adopted children shall be governed by the provisions of the Law on the Relationship between Parents and Children; The rights and obligations between adopted children and close relatives of adoptive parents shall be governed by the provisions of the Law on the Relationship between Children and Close Relatives of Parents.
The relationship of rights and obligations between adopted children and biological parents and other close relatives is destroyed by the establishment of adoption relationship. If the parties or one of the parties to the adoption relationship requests notarization of adoption, they shall do so.
Article 25 of the Adoption Law of People's Republic of China (PRC): An adoption that violates Article 55 of the General Principles of the Civil Law of People's Republic of China (PRC) and the provisions of this Law has no legal effect. If the adoption is confirmed invalid by the people's court, it has no legal effect from the beginning.
Extended data:
Recently, the court in Junan County, Shandong Province concluded a legal inheritance dispute case in which a stepdaughter asked for inheritance. The court ruled that Liu Jia's legacy house and other articles were inherited by his brother Liu Yi and his sister Liu Bing. Liu Yi argued that Liu Jia's inheritance should be inherited by his stepdaughter Liu Yun (a pseudonym), but the court did not support it.
The decedents Liu Jia, Liu Yi and Liu Bing were brothers and sisters, and Liu Jia was a great man. Their parents died, and the Liu family had no spouse and no children. During the period of 2002 10 165438+, Liu Jia signed an adoption agreement with, and the village cadre Zhang proved it. The content is: Liu Yi voluntarily adopted Liu Yun, the eldest daughter of 12 years old, to Liu Jia, and Liu Yun gave birth to Liu Jia's property.
After the signing of the agreement, the two sides did not go through other legal adoption procedures, Liu Jia and Liu Yun did not form a de facto relationship of support, and Liu Yun did not fulfill the obligation of support and death to Liu Jia. In June 2003, Liu Jia died, leaving behind three houses and some furniture. Later, Liu Yi and Liu Bing argued about the division of Liu Jia's estate. Liu Bing then filed a lawsuit in court, demanding that Liu Jia's estate be divided according to law.
During the trial, Liu Yi claimed that her daughter Liu Yun was adopted under the name of Liu Jia, and that Liu Jia's legacy and an idle homestead should be inherited by Liu Yun. After trial, the court held that the idle homestead left by the decedent Liu Jia was useless, and its ownership belonged to the collective and should not be inherited as an inheritance; Liu Yi and Liu Bing, as Liu Jia's successors in the same order, have the right to inherit Liu Jia's legacy.
Defendant Liu Yi argued that Liu Yun adopted Liu Jia, and because the two parties failed to go through legal adoption procedures and did not form a de facto adoption relationship, Liu Yun failed to fulfill the obligation of support and death to Liu Jia, so the court did not support Liu Yun's claim that he should inherit Liu Jia's estate.
The focus of this case is whether the adoption relationship between Liu Jia and Liu Yun is established. Article 15 of China's adoption law stipulates: "Adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoption relationship shall be established from the date of registration. " In other words, the establishment of adoption relationship should have both substantive and procedural effective elements.
That is, after meeting the adoption conditions, the adoption relationship can only be established after registration. In this case, although Liu Yi adopted her daughter Liu Yun to Liu Jia, she did not go through the relevant registration procedures with the civil affairs department, and there was no de facto dependency relationship between Liu Jia and Liu Yun. Therefore, this "adoption" cannot be equated with the establishment of an adoption relationship, and there is no inheritance relationship between them.
References:
China Government Network-People's Republic of China (PRC) Adoption Law (Revised)
China People's Congress Network-People's Republic of China (PRC) Inheritance Law
People's Network-"Adoption" does not go through the formalities and has no right to inherit the inheritance.