
Legal Q&A
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With my parents' inheritance approaching, I am confused about the structure of adoptee inheritance. I heard that a full adoptee and an ordinary adoptee differ in the manner of adoption, but I am curious what differences arise in actual inheritance. And I would like to know the practical points to be careful about in adoptee inheritance, such as whether the inheritance relationship with the birth parents is maintained and whether there is a possibility of an inheritance dispute with siblings.
adoptee inheritance
Answer
Published:
Author : Kuk Il KIM
Hello. I am an attorney specializing in inheritance at Daeryun Law LLC.
With respect to adoptee inheritance, the biggest difference between a full adoptee and an ordinary adoptee lies in the scope of inheritance, and this is based on Articles 882-2 and 908-3 of the Civil Act.
First, an ordinary adoptee maintains a legal relationship with the birth parents even after adoption.
This is because, under Article 882-2 of the Civil Act, even though a parent-child relationship with the adoptive parents arises, the blood-based rights with the birth parents are not extinguished.
Therefore, an ordinary adoptee has a dual status in which they can inherit the property of both the adoptive parents and the birth parents.
As a result, cases arise in which one person becomes an heir in two family lines at the same time, and this sometimes becomes a major cause of adoptee inheritance disputes, such as other heirs raising issues of the legally reserved portion or of fairness.
By contrast, for a full adoptee, under Article 908-3 of the Civil Act, the relationship with the birth parents is completely terminated upon adoption.
Legally regarded as a 'child born in wedlock' of the adoptive parents, the full adoptee inherits the adoptive parents' property on the same terms as a natural child, but the right of inheritance with respect to the birth parents is extinguished, so the inheritance relationship is clearly arranged into one of the two family lines.
In practice, because the legally reserved portion under Article 1112 of the Civil Act or the inheritance tax burden with respect to adoptee inheritance varies depending on the form of adoption, a careful review is needed rather than a judgment based on the fact of adoption alone.
In particular, the more complex the family relationships, the easier it is to misapprehend one's legal status and become entangled in unnecessary disputes, so caution is needed.
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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

Nakhyeong Kim
T. 070-7510-2012
Judge at the Busan High Court · Daegu District Court Senior Judge (Presiding) experience

Naewon Kwak
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Career as Judge, Seoul Administrative Court, Seoul Central District Court · Attorney Specializing in Family Law/Labor Law/Administrative Law

SeJun KIM
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