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Is inheritance by a child born out of wedlock also possible?

Recently, when my father passed away, a conflict arose among the family over the matter of inheritance. As it turned out, my father had a child born out of wedlock. That person keeps asserting his share of the inheritance. My family is simply very bewildered by a fact we did not know.. Is inheritance by a child born out of wedlock legally possible in the first place? I am curious whether a child born out of wedlock legally has a right of inheritance, and what conditions must be met for inheritance to be possible.

Inheritance by a child born out of wedlock

Answer

Published: 2025-04-21

Author : Kuk Il KIM

I understand that you are inquiring about inheritance by a child born out of wedlock.

To state the conclusion first, a child born out of wedlock also has a right of inheritance under the law.

However, as you mentioned, inheritance is possible only when several important conditions are met.

For a child born out of wedlock to become an heir, the child must be acknowledged as a ‘biological child.’

If the child born out of wedlock has filed a claim for acknowledgment, or has had the parent-child relationship legally recognized through a lawsuit to confirm the existence of a biological parent-child relationship, then inheritance is possible.

In addition, the child born out of wedlock can inherit only if he or she does not fall under any grounds for disqualification from inheritance.

1. A person who intentionally killed or attempted to kill a lineal ascendant, the decedent, the decedent's spouse, or a person of prior or equal rank in the inheritance
2. A person who intentionally inflicted bodily injury on a lineal ascendant, the decedent, or the decedent's spouse, thereby causing death
3. A person who, by fraud or duress, obstructed the decedent's will concerning the inheritance or the revocation of such a will
4. A person who, by fraud or duress, caused the decedent to make a will concerning the inheritance
5. A person who forged, altered, destroyed, or concealed the decedent's will concerning the inheritance

If a child born out of wedlock does not fall under the grounds for disqualification from inheritance described above and has been legally acknowledged, the child also acquires the same rights as the other heirs.

It must be somewhat shocking to learn of the fact that there was a child born out of wedlock, of which you were unaware.

However, under the law, regardless of the circumstances of birth, a right of inheritance arises where a blood relationship between parent and child is recognized.

In such cases, family conflict can grow, so it is advisable to accurately understand the situation through a consultation with a legal professional and then establish a response strategy.