FAQ

What happens in an adoption?

Adoption gives rise to the same rights between the adopter and his or her descendants on the one hand, and the adopted child and his or her descendants (who are minors when the adoption is accepted) on the other hand, as in the case of natural descent. Between the persons concerned, therefore, the legal right of inheritance applies in the same way as in the case of consanguinity. Outside this relationship, however, there is no statutory right of inheritance. Since the ancestors of the adopter are not related to the adopted child and his or her descendants, no reciprocal legal right of inheritance can arise between them either.

 

However, the legal right of inheritance between the natural parents and the adopted child remains in force – the adopted child and his or her descendants therefore receive a quasi-double right of inheritance. On the other hand, however, the adopted child itself does not inherit twice, since the adopting parents take precedence over the natural parents.

 

In the case of adoption by only one person, half of the estate is divided between the adopting parent and half between the natural parent.

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