Query: Can an adult legally inherit from an adoptive parent in the Philippines, and what are the rights of biological family members in such cases?
Overview of Adult Adoption
Adult adoption in the Philippines is governed by Republic Act No. 8552, or the “Domestic Adoption Act of 1998.” While the law primarily focuses on the adoption of minors, it also allows for the adoption of adults under certain circumstances. The legal effects of adult adoption include the creation of a legal parent-child relationship, with corresponding rights and obligations, including inheritance rights.
Legal Process for Adult Adoption
Adoption in the Philippines, whether involving a minor or an adult, must be judicially approved. The process involves the filing of a petition in the Regional Trial Court by the prospective adopter. The petition must demonstrate the legal capacity and financial capability of the adopter, and the willingness of the adult to be adopted. The court will assess the adoption to ensure that it is in the best interest of the adoptee, even if the adoptee is already of legal age.
Legal Effects of Adoption
Once an adoption decree is granted, the adopted person acquires the rights and obligations of a legitimate child of the adopter. This includes the right to use the adopter’s surname and the right to inherit from the adoptive parent. However, it is important to note that the adoptee’s right to inherit from their biological family may be severed, depending on the court's decision and any express provisions in the law.
An adult adoptee also has the option to retain their original surname if they choose not to adopt the surname of the adoptive parent. This decision does not affect the legal parent-child relationship created by the adoption, nor does it affect the adoptee's right to inherit from the adoptive parent.
Inheritance Rights of Adopted Adults
Under Philippine law, adopted children (including adults) have the same inheritance rights as legitimate children. If the adopted individual is legally recognized, they are entitled to inherit from the adoptive parent as a compulsory heir. This means that, in the event of the adoptive parent’s death, the adopted child is entitled to a legitimate share of the estate, unless a valid will provides otherwise.
Competing Claims from Biological Relatives
In cases where a biological sibling or other relatives contest the inheritance of an adopted individual, the law is clear that a validly adopted child (whether adopted as a minor or adult) has the same legal rights as any biological child of the adopter. If the adoption was done in accordance with legal procedures and a valid decree of adoption was issued by the court, the adopted individual can claim their share of the inheritance.
However, if the adoption is not documented or proven, and if no adoption decree exists, biological relatives may contest the adoption and claim inheritance rights. In such cases, the burden of proof lies with the individual claiming to be adopted. They must present the necessary legal documentation to establish their status as a legal heir.
Conclusion
In summary, adult adoption in the Philippines grants the adoptee the same rights as a legitimate child, including inheritance rights. However, the adoptee must provide proof of legal adoption, and without such documentation, biological relatives may challenge their claims. Biological relatives, such as siblings of the deceased, may contest inheritance only if the adoptee fails to prove their legal status as an adopted child.