Inheritance of an adopted child
Question
If a couple has no children of their own and adopts children, is it true that those children would inherit upon the demise of the parents who adpopted them as if they were the parent’s biological children?
And if parents have their own children and choose to adopt still then those children who were adopted do NOT inherit from the parents who adopted them?
Please clarify the fatwa on inheritance of adopted children relating to the question above.
Answer
An adopted child does not inherit a fix share of inheritance from his/her adoptive parents irrespective if their adoptive parents have biological children or not. However, the adoptive parents are entitled to make a bequest up to one third of their estate to their adopted child/ren after their demise or gift to him/her whatever they wish during their lifetime.
The absence or presence of biological children does not hold any bearing of entitlement to a fix share of inheritance for an adopted child.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Ismaeel Bassa
- Checked by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/daily-qa-inheritance-of-an-adopted-child/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-26449
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Jamiat KZN · 38 fatawa from 7 Darul Iftas on this
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