What Happens To The Inheritance Rights Of Adopted Children?

The inheritance rights of adopted children are an important consideration in family law, especially in the context of Hindu law and other personal laws governing inheritance. Generally, an adopted child is treated similarly to a biological child in terms of inheritance rights. However, the specifics can vary depending on the jurisdiction and legal framework in question.

1. Adopted Children Under Hindu Law

Under Hindu law, particularly the Hindu Adoption and Maintenance Act, 1956 (HAMA), an adopted child has the same inheritance rights as a biological child. However, there are specific rules governing these rights.

• Adoption Process: For a child to be legally adopted under Hindu law, the adoption must be formalized through a legal procedure, which includes the consent of the adoptive parents and the child (if above a certain age).
• Inheritance Rights: Once the adoption is legally completed, the adopted child has the same rights as a biological child of the adoptive parents. This means the adopted child can inherit the property of the adoptive parents.
• Ancestral Property: The adopted child has a right to claim their share in the ancestral property of the adoptive family, as the child is treated as a coparcener in the family. This means they have the same rights as biological children in ancestral property under the Hindu Succession Act, 1956.
• Self-Acquired Property: The adopted child also has the right to inherit any self-acquired property of the adoptive parents upon their death, just like a biological child.
• Disinheritance: However, an adopted child does not have inheritance rights in the biological family’s property once they are adopted. This is an important aspect of adoption in Hindu law—the child’s rights to the biological parents’ property are severed, and they no longer inherit from their biological family.
• Property Division: The adopted child can claim a share of the adopted parents' property in accordance with intestate succession or any will left by the adoptive parents. If the parents die intestate (without a will), the adopted child shares equally in the inheritance with the other biological children of the adoptive parents.

2. Adopted Children Under Muslim Law

Inheritance Rights: Under Muslim law, adopted children do not automatically inherit the property of the adoptive parents unless specified in a will. In other words, adopted children are not legal heirs under the Muslim personal law unless the adoptive parents explicitly state this in a will. However, Muslim law allows an individual to bequeath up to one-third of their estate to anyone, including an adopted child.

Custodianship vs. Inheritance: The adoption process does not sever the connection between the child and their biological family, unlike in Hindu law. The adopted child can inherit from their biological parents, but only inheritance from the adoptive parents is possible through a will.

3. Adopted Children Under Christian Law

Inheritance Rights: In the case of Christians, the inheritance rights of adopted children are governed by the Indian Succession Act, 1925. An adopted child can inherit from the adoptive parents only if the parents have made a will to that effect. Without a will, the adopted child will not inherit from the adoptive parents.

Severance of Rights: Similar to Hindu law, the adoption does not sever the relationship between the child and their biological family, meaning the child continues to inherit from their biological parents unless otherwise stated.

4. Adopted Children Under Special Laws

Special Adoption Laws: In certain regions, special adoption laws, such as the Special Marriage Act, 1954, or Guardian and Wards Act, 1890, may govern the inheritance rights of adopted children. These laws may not automatically confer inheritance rights but may allow the adoptive parents to include the child in their will.

Will: If the adoptive parents wish to include their adopted children in their inheritance plans, they must do so explicitly in a will.

5. Example of Inheritance Rights

• Hindu Law Example: If an adopted child is legally adopted by a Hindu family, the child’s inheritance rights in the family’s ancestral property are the same as those of biological children. If the adopted child’s adoptive father dies without a will, the adopted child inherits an equal share of the family property, just like the biological children. However, the adopted child would not inherit from their biological parents' property, unless the biological parents had made provisions for inheritance.
• Muslim Law Example: A child is adopted by a Muslim family. Although the child does not have automatic rights to inherit from the adoptive parents, the adoptive parents may decide to include the adopted child in their will. The child can inherit a portion of the property, but not unless specifically mentioned in the will. The child also continues to retain inheritance rights from their biological parents.

6. Legal Implications

• Family Planning: Adoption can have a significant impact on the inheritance rights of a child. Parents must be clear about their intentions in making a will, especially if they wish to treat adopted children the same as biological children. Otherwise, legal heirs, such as biological children, may inherit the property, leaving adopted children without a share unless explicitly included in the will.
• Intestate Succession: In the absence of a will, adopted children are treated like biological children of the adoptive parents under most personal laws (specifically Hindu law). However, the legal relationship with biological parents is severed, and inheritance from biological parents is no longer possible.

Conclusion:

Adopted children generally have equal inheritance rights as biological children under Hindu law once the adoption is legally formalized, including rights to both ancestral and self-acquired property of the adoptive parents. However, under Muslim and Christian laws, the inheritance rights of adopted children are more restricted and often depend on the adoption being explicitly mentioned in a will. Adoption does not sever the child's rights to inherit from their biological family under Hindu law, but it does sever such rights under Muslim and Christian laws unless a will specifically provides for the adopted child.