In the realm of Philippine family law, the act of adoption is a legal fiction that creates a parent-child relationship where none existed by blood. However, for every legal tie created with an adoptive family, a question arises regarding the ties left behind. For many years, the answer was a bit of a "legal limbo," but recent legislative shifts have provided much-needed clarity.
The Fundamental Shift: Republic Act No. 11642
To understand the current inheritance landscape, one must look at the Domestic Administrative Adoption and Child Care Act of 2022 (RA 11642). This law fundamentally changed the process by making adoption administrative rather than judicial, and it solidified the status of the adopted child.
Under the current legal framework, the "severance" of ties is the guiding principle.
1. The General Rule: Severance of Legal Ties
The moment a Decree of Adoption is issued, the legal relationship between the biological parents and the adopted child is severed.
- Legal Status: The child is now considered a legitimate child of the adopter for all intents and purposes.
- Succession Rights: Generally, because the legal link to the biological parents is cut, the adopted child loses the right to inherit from them via legal or intestate succession.
Note: If a biological parent dies without a will, the law (The Civil Code) dictates who inherits. Since the adopted child is no longer legally "related" to the biological parent, they are excluded from the list of compulsory heirs.
2. The Crucial Exception: Testate Succession
While the law severs the automatic right to inherit, it does not strip the biological parent of their right to give.
- The Power of a Will: A biological parent can still name their biological child (who has been adopted by another) as a beneficiary in a Last Will and Testament.
- The "Free Portion": In Philippine law, a person can only freely dispose of the "free portion" of their estate. If a biological parent chooses to leave a legacy or devise to their biological child through a will, this is perfectly valid under the rules of Testate Succession.
3. Comparison of Rights
The following table illustrates the difference in inheritance rights before and after a legal adoption is finalized:
| Source of Inheritance | Rights from Adoptive Parents | Rights from Biological Parents |
|---|---|---|
| Intestate (No Will) | Full rights (as a legitimate child) | None (Ties are severed) |
| Testate (With Will) | Can be a primary heir | Can be a voluntary heir (via free portion) |
| Compulsory Heirs | Yes (Legitime is protected) | No |
The "Step-Parent" Scenario
There is a notable exception to the severance rule: Step-parent adoption.
If a step-parent adopts the child of their spouse (e.g., a new husband adopts his wife's child from a previous relationship), the legal ties between the child and their biological parent (the spouse) remain intact. In this specific case, the child inherits from both the biological parent (mother/father) and the adoptive parent (step-mother/step-father).
4. Right of Representation
One of the more complex areas is the Right of Representation. Since the legal bond is severed, an adopted child cannot represent their biological parent in the estate of a biological grandparent. Conversely, the adopted child can represent their adoptive parent in the estate of the adoptive grandparents, as they now occupy the status of a legitimate grandchild in that lineage.
Summary of Key Points
- Total Substitution: Legal adoption is intended to fully integrate the child into the new family.
- Intestate Bar: An adopted child cannot claim a "legitime" (legal share) from a biological parent who dies without a will.
- Voluntary Legacy: Biological parents may still choose to include the child in a will, provided it does not prejudice the legitimes of their own current compulsory heirs.
- RA 11642: This law reinforces that the primary goal of adoption is the best interest of the child, which includes a clear and clean break from the legal obligations and rights of the biological family to ensure stability in the new family unit.