EXPLAINER: Do adopted children have inheritance rights under Philippine law?

Do adopted children have the right to inherit from their adoptive parents under Philippine law? The answer is yes — but only if the adoption was legally completed.

The question surfaced following the controversy surrounding the estate of late National Artist Nora Aunor after her biological son, Ian de Leon, described himself as the “sole heir” to the actress’ properties.

The issue prompted questions about whether Aunor’s adopted children — Lotlot, Matet, Kiko, and Kenneth de Leon, are also entitled to an inheritance.

During a press conference for her upcoming film, Lotlot clarified that neither she nor her sister Matet is seeking any portion of Nora Aunor’s estate.

“Wala kaming hinihingi. Wala akong inaagaw. Walang inaagaw si Matet. He can have it all. Kasi para sa akin, sapat na natawag kong mommy si Nora Aunor. Sapat na napalaki ako ng isang Superstar. Sapat na nabigyan ako ng pangalan ni mommy," she said.

(We’re not asking for anything. I’m not taking anything away from anyone. Matet isn’t taking anything either. He can have it all. For me, it’s enough that I got to call Nora Aunor my mom. It’s enough that I was raised by a Superstar. It’s enough that my mommy gave me her name.)

She later reiterated that she has no intention of claiming any inheritance.

“Let me be clear, wala akong hinahabol na mana. Wala akong hinihinging mana. Ni piso wala. Kaya kong magtrabaho at magpakahirap at magpuyat.”

(Let me be clear, I’m not after any inheritance. I’m not asking for any inheritance — not even a single peso. I can work hard and earn my own living.)

What does the law say about inheritance?

Lawyer Gaby Concepcion explained that Philippine law recognizes two types of succession: testamentary succession, where property is distributed through a valid last will and testament, and intestate succession, which applies when a person dies without leaving a will.

In intestate succession, the law determines who inherits the estate.

Concepcion said the Civil Code recognizes compulsory heirs, who cannot generally be deprived of their inheritance except in cases allowed by law.

“Meron tayo sa batas na tinatawag na compulsory heirs, ibig sabihin sila ‘yung mga tagapagmana na hindi mo puwedeng bawian ng mana unless for causes stipulated under the law. So sino ba ang compulsory heirs? Kung ikaw ay merong asawa’t anak, ang asawa’t anak, whether legitimate or illegitimate, ay meron silang share sa iyong estate pag ikaw ay namatay," she explained.

(Our law recognizes what are called compulsory heirs. These are heirs who cannot be deprived of their inheritance except for grounds provided by law. If you have a spouse and children, your spouse and children — whether legitimate or illegitimate are entitled to a share of your estate when you die.)

If a person dies without a spouse or children, the estate generally passes to the nearest legal relatives under the order of succession provided by law. If no legal heirs exist, the property may eventually go to the government.

Are adopted children entitled to inherit?

According to Concepcion, yes. She highlighted that Article 979 of the Civil Code provides that an adopted child succeeds to the property of the adoptive parents “in the same manner as a legitimate child.”

Republic Act No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act, likewise states that adoptive parents and adopted children have reciprocal rights of succession without distinction from legitimate filiation.

“An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.”

This means that if an adoptive parent dies without a will, a legally adopted child has the same inheritance rights as a legitimate biological child.

Concepcion, however, stressed that the law applies only to legally adopted children.

“Sa ating lipunan, very loosely used kasi ‘yung term na adopted o ampon. Hindi kasi porke’t kinuha mo ’yung bata since infant siya, pinalaki mo, pinag-aral mo, ang tawag sa iyo ‘mommy,’ ang tawag mo ‘anak.’ Hindi porket ginawa mo ’yun ay legally adopted siya at magkakaroon ng rights and obligations as any legitimate child," she said.

(In our society, the terms ‘adopted’ or ‘ampon’ are often used loosely. Just because you took in a child as an infant, raised and educated the child, and the child calls you ‘Mommy’ or you call the child your own, it does not automatically mean the child is legally adopted or acquires the same rights and obligations as a legitimate child.)

Without a formal adoption, she noted, the child cannot inherit through succession.

“Nakakaawa din if you…kung ang balak mo ay to treat the child as your own child, pero kapag namatay ka ay hindi mo pala legally adopted ’yung bata, wala siyang makukuha by way of succession kasi nga, parang hindi mo kaano-ano ’yung bata, which could be hurtful for the child, di ba? Kasi binigyan mo nga ng love and affection at lahat-lahat, pero pagdating sa mana, pagdating sa pera, wala siyang makukuha," she added.

(It’s unfortunate if your intention is to treat the child as your own, but when you die, and it turns out the child was never legally adopted, the child will not receive anything through succession because legally, the child is not even considered your relative. That can be painful because you gave the child love and affection, but when it comes to inheritance and properties, the child does not receive anything.)

Concepcion then encouraged families raising children informally to complete the legal adoption process through the National Authority for Child Care.

“It’s a call for people na meron silang mga hindi pa legal na naampon o na-adopt ang mga batang pinalalaki nila. Ang panawagan natin, gawin nating legal. Mas mabilis na ang proseso sa National Authority on Child Care, and it will show how much you love your children, whether they are adopted or not, because you want to make sure that they are okay, which is what a natural parent feels for the children that they love.”

(This is a call to people raising children whom they have not yet legally adopted. Our appeal is to make the adoption legal. The process at the National Authority on Child Care is now faster, and making it legal shows how much you love your children because you want to make sure they are protected, just as any parent would want for the children they love.) — BAP, GMA News