Short answer

Generally, no—you cannot exclude an adopted child from his or her legitime. Under Philippine law, an adopted child is treated as a legitimate child of the adopter and is therefore a compulsory heir. As with any compulsory heir, the child is entitled to a fixed, minimum share of the estate that a will or lifetime gifts cannot defeat. Exclusion is possible only through valid disinheritance for a cause explicitly allowed by law and properly stated in a will, or indirectly by limiting the child to the legitime (i.e., allocating the free portion to others).

The legal framework (overview)

Status of the adopted child
- Adoption confers the status of a legitimate child with the same rights and obligations as a biological legitimate child of the adopter—including successional rights and the use of the adopter’s surname.
- The adopted child becomes a compulsory heir of the adopter in both testate (there is a will) and intestate (no will) succession.
Compulsory heirs & legitimes
- Philippine succession law protects certain heirs with forced heirship rules. These compulsory heirs (e.g., legitimate children/descendants and the surviving spouse) must receive at least their legitime—a portion of the estate that the decedent cannot freely dispose of.
- Because an adopted child is treated as a legitimate child, he or she is included among those compulsory heirs and is entitled to the same legitime as a biological legitimate child in the same situation.
Freedom of disposition vs. the free portion
- The testator is free to dispose only of the free portion of the estate (what remains after setting aside all legitimes). You may favor others (including non-relatives) with the free portion, but you cannot use it to reduce or eliminate the adopted child’s legitime.

How the shares generally work

Important: The exact numbers can vary depending on who survives (e.g., spouse, other children, parents, illegitimate children). What follows are typical, high-level outcomes to show how an adopted child fits in.

If there are legitimate children (including any adopted child):
- Collective legitime of all legitimate children: ½ of the estate, divided in equal shares among them (adopted and biological treated alike).
- Surviving spouse (if any): a legitime equal to the share of one legitimate child in the legitime block.
- Free portion: whatever remains after those legitimes are set aside.
If the only compulsory heirs are a surviving spouse and one adopted child:
- The adopted child gets a share as a legitimate child; the spouse gets a share equal to that of one legitimate child (in the legitime computation). The free portion can then be left to anyone, provided legitimes are preserved.
Representation by descendants:
- If the adopted child predeceases the adopter or is disinherited (validly), the adopted child’s descendants may generally represent him or her and inherit in that line, subject to ordinary rules on representation.

Can you disinherit an adopted child?

Yes, but only on the same strict grounds and with the same formalities applicable to disinheriting a legitimate child. Key points:

Grounds must be legal and specific.
- The Civil Code provides a closed list of causes for disinheriting children/descendants (e.g., serious offenses against the parent, refusal to support, maltreatment, attempts against the parent’s life, etc.). Personal dislike, family conflict, or lifestyle choices are not valid causes unless they fall squarely within a statutory ground.
Must be done by will and properly stated.
- Disinheritance is valid only if expressly made in a will, identifying the cause. Vague wording or omission of the cause invalidates the disinheritance.
Cause must be true—burden of proof applies.
- If contested, the instituted heirs must prove the truth of the ground. If the cause is untrue or unproven, the disinheritance fails, and the disinherited child recovers his or her legitime (including fruits and interest in some scenarios).
Pardon/condonation cancels disinheritance.
- Express or implied forgiveness by the parent nullifies the right to disinherit on that ground.
Effects if disinheritance is valid.
- The disinherited child loses the legitime. However, his or her descendants can represent the disinherited child and inherit by right of representation (unless the cause for disinheritance also affects them, which is rare).

Lifetime gifts and planning techniques—what you can (and cannot) do

Lifetime donations (inter vivos)
- You may donate property during your lifetime, but donations are subject to collation and reduction if they impair the legitimes of compulsory heirs. A donation that leaves the estate insufficient to satisfy the adopted child’s legitime can be reduced after death to restore legitimes.
- You can favor other recipients with lifetime gifts, but plan so that the net estate plus donations still cover all legitimes.
Trusts
- Trusts are recognized under the Civil Code. You may place assets in a revocable or irrevocable trust, but those transfers can be treated like donations for inofficiousness review if they effectively defeat legitimes. Trusts can shape timing and management of what a compulsory heir receives, but cannot erase the minimum amount (legitime) that the law guarantees.
Life insurance & designations
- Insurance proceeds typically pass to the named beneficiary outside of probate; however, planning should still respect legitimes. If premium payments or structures are used to circumvent forced heirship, expect challenges (e.g., arguments that the arrangement is an inofficious donation in substance).
Prenuptial agreements & property regimes
- Marital property regimes (absolute community, conjugal partnership, separation of property) affect what forms part of your estate, but do not eliminate compulsory heirs’ legitime rights in the property that does end up in your estate.
Conditions and modes in wills
- You can impose conditions or modes on testamentary gifts, but not in a way that nullifies or effectively deprives the adopted child of his or her legitime. Conditions contrary to law, morals, or public policy are void.

Biological family vs. adoptive family (successional ties)

Adoption replaces the child’s legal filiation for most purposes with the adoptive family. As a practical rule of thumb in succession:
- Between the adoptee and adopter: full rights and obligations as between parent and legitimate child.
- With the biological family: legal ties are severed by adoption for parental authority and family relations; successional rights generally shift to the adoptive family. (There are technical nuances across adoption statutes and special situations such as step-parent adoption; for specific edge cases—e.g., succession to a biological parent after adoption—seek fact-specific advice.)

Practical estate-planning playbook

Inventory & valuation
- List assets and liabilities; determine what will likely compose your net estate at death. Identify property that is exclusively yours vs. conjugal/community.
Heir mapping
- Identify compulsory heirs in likely scenarios (e.g., spouse, legitimate/legally adopted children, illegitimate children, ascendants). Model what the legitime blocks will look like with and without certain heirs.
Decide on the free portion
- After reserving legitimes, allocate the free portion to beneficiaries you wish to favor (e.g., charities, other relatives, a business successor), or increase the shares of certain heirs.
Use a will—carefully drafted
- State clear institution of heirs, legacies and devises, and substitutions. If considering disinheritance, ensure the cause is statutory, truthful, and precisely stated. Add acceleration/substitution clauses to guard against predecease or unworthiness.
Plan lifetime transfers sensibly
- Structure donations and trusts to meet family and business goals but stress-test the plan against forced-heirship rules (collation/reduction). Keep records for valuation and intent.
Coordinate beneficiary designations
- Align insurance, retirement plans, and pay-on-death arrangements with your overall plan. Avoid designations that could be attacked as attempts to defeat legitimes.
Business continuity
- For family businesses, consider buy-sell agreements, holding companies, and voting/non-voting share structures to balance control with compliance to legitimes.
Tax awareness
- Philippine estate tax and donor’s tax have (flat) rate regimes in recent years. Factor tax into the timing and sizing of transfers, but do not assume tax planning can override forced heirship.
Keep documents current
- Update your plan upon marriage, adoption, birth, death, divorce/annulment, or major acquisitions. Revisit beneficiary forms and your will/trust instruments regularly.

Frequently Asked Questions

1) Can I leave everything to my spouse and nothing to my adopted child? No. You may favor your spouse with most or all of the free portion, but your adopted child’s legitime must still be satisfied.

2) Can I leave the adopted child only a token amount? Only if the token meets or exceeds the child’s legitime in the scenario that exists at your death. Otherwise, the estate will be reduced to restore the legitime.

3) If I fall out with my adopted child, can I cut him/her out entirely? Only through valid disinheritance on a statutory ground, expressly stated in a will, and proven if challenged. Otherwise, the legitime remains.

4) Can I impose strict conditions (e.g., marry within our faith, work in the family firm) on the adopted child’s share? You may impose lawful conditions or modes, but not to defeat or effectively nullify the legitime. Unlawful or impossible conditions are void.

5) Do my lifetime gifts to the adopted child affect his/her share? Yes. Collation generally requires lifetime gifts to descendants to be brought to account in computing legitimes, unless expressly exempted in a way the law allows.

6) Will adoption change how my parents (the child’s adoptive grandparents) inherit from me? No; adoption affects the parent-child link between you and the adoptee. It does not alter how your ascendants inherit from you—that follows ordinary succession rules depending on who survives you.

Key takeaways

An adopted child is a legitimate child of the adopter for all successional purposes.
The adopted child is a compulsory heir and cannot be deprived of the legitime by will, gifts, or estate-planning devices.
Exclusion is possible only via valid disinheritance on statutory grounds, duly expressed in a will and proven if contested.
Smart planning can shape management, timing, and the free portion, but must respect forced-heirship rules.

Final note

Succession outcomes hinge on specific family compositions, property regimes, and transaction histories. For tailored planning—especially if you’re contemplating disinheritance, complex trusts, or large lifetime transfers—consult a Philippine succession lawyer to model the numbers and instruments precisely.