The Civil Code 91/2015/QH13 builds intestate succession on equality among children in the same line of heirs, and the first line comprises the spouse, parents and children of the deceased. Three groups of children families most often misunderstand — non-marital children, adopted children and stepchildren — hold very different positions in that line, and the difference turns on the lawful parent-child relationship rather than blood alone.
Does a non-marital child inherit like a marital child?
Yes, provided the father-child or mother-child relationship has been lawfully established. The Civil Code 91/2015/QH13 does not distinguish marital from non-marital children in the line of heirs: every child whose parentage is recognised stands in the first line and takes an equal share on intestacy. The practical bottleneck is proving the relationship: where the birth certificate names no father and no paternity determination exists, the child must pass a court procedure to determine parents and children before inheritance rights can be enforced, using DNA evidence and other proof.
Does an adopted child inherit exactly like a biological child?
Yes, from the moment the adoption is validly registered. Adopted children and adoptive parents hold the full rights and duties of a parent-child relationship, including inheriting from each other in the first line under the Civil Code 91/2015/QH13. The adopted child’s inheritance relationship with the birth family does not automatically revive once the adoptive relationship exists, save statutory cases and the deceased’s own will. Note carefully that a de facto adoption never registered — years of raising a child on an oral or private-paper arrangement — creates no lawful parent-child relationship, and the paper adoptee holds no intestate right from the adoptive parents.
A spouse’s stepchild: any inheritance from the step-parent?
Not by law, where no adoption has taken place. A stepchild is only the child of one spouse and stands outside the stepfather’s or stepmother’s line of heirs under the Civil Code 91/2015/QH13, however many years the child lived in the household and was raised as their own. A step-parent wishing to leave assets to a stepchild must use a will — a testator may dispose of an estate to anyone — or complete a stepchild adoption so the child enters the first line. This is the point remarried families most often miss in estate planning, discovered only when succession opens and adoption is no longer possible.
Practical steps: audit three items in every blended family — whether a non-marital child’s parentage is established on paper, whether any adoption has actually been registered, and whether the will deals with the stepchild’s share. These three questions decide nearly the whole inheritance outcome for the children.
Frequently Asked Questions
Does a non-marital child inherit?
Yes, if the parent-child relationship has been lawfully established; the Civil Code 91/2015/QH13 does not distinguish marital from non-marital children in the first line of heirs. If the birth certificate names no father, a court paternity determination is needed before inheritance rights can be enforced.
Does an adopted child inherit like a biological child?
Yes, from the moment the adoption is validly registered: the adopted child stands in the adopters’ first line of heirs under the Civil Code 91/2015/QH13 like a biological child. An unregistered de facto adoption by oral agreement or private paper creates no statutory inheritance right.
What about a spouse’s stepchild?
Not by law if no adoption has taken place: a stepchild is outside the step-parent’s line of heirs under the Civil Code 91/2015/QH13. To leave assets to a stepchild, make a will in the child’s favour or complete a stepchild adoption.
