After the divorce, the husband and wife to bring up the child and the father to bring up their children for the father or mother heritage of the same authority? In the law about the relationship between adoptive parents and children, the inheritance relationship between parents and children is how to set? This article describes the relationship between the parents and their children, and to analyze whether the divorce affects the right of children to inherit.
A divorce, the parents and children of the inheritance relationship between what kind?
According to the relevant provisions of China's laws, there are several cases of the inheritance relationship between parents and children:
1, the birth of the child between the parents of the right. The inheritance rights of children and their parents is due to the kinship.
2, adoptive parents and children of the right of inheritance. The relationship between children and their parents is based on raising children after divorce, but to foster parent party support alone.
3, the succession between parents and children.
So, the three types of the above, the parents of the children of the inheritance of the right to divorce?
Two, the impact of divorce on children's right of inheritance
1, between biological parents children, regardless of whether the parents of divorced parents support him (her) children, do not affect their children's right to inheritance. The inheritance rights of children and their parents is due to the kinship, and divorce just lifted the parents' marital relationship, and can not change the genetic relationship between children and parents, they are the relationship between rights and obligations also did not change, so the divorce will not affect the child inheritance of biological parents. "People's Republic of China marriage law" thirty-sixth provisions: “ the relationship between parents and their children is not due to the elimination of parental divorce. After the divorce, the child is raised by either the father or the mother, or the child of both parents. ”
2, parents of children, because father and mother can divorce, child custody to the father or mother raising a separate party to support, thus not the support obligation a foster parent and foster child relationship between parents and children between the lift, so that it will destroy the guide mutual inheritance rights.
3, were supported by the decedent between parents and children, can also be due to stepfather and stepmother to divorce, child stepfather or stepmother a unilateral support, the other party because it does not continue to bear the maintenance responsibility to support the original relationship termination, resulting in the elimination of mutual right of inheritance.
In addition, if the parents or parents were supported by the decedent, basically has also raised adult children, children, or adults or close to independent living, then, even if their parents or were supported by the decedent's parents divorced, did not affect the adoption of their relationship or dependency. And does not affect the mutual right of inheritance among them.
The divorce of their parents just lifting the parents' marital relationship, in the practice, the couple divorced whether affect their children's inheritance rights, also need to identify, in particular, because at the time of divorce involving the division of property, so that the inheritance rights of children is very important at this time. If you encounter such problems, it is best to consult a lawyer to ensure full protection of their interests in the property division.
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