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This article has been superseded and is no longer the law in force.

Superseded by RA 8552 (1998), RA 11642 (2022). The former text is shown below for reference only.

Family Code · Adoption

Article 190

Succession to adopted's estate

Superseded
By RA 8552 (1998), RA 11642 (2022)

Former text, as of October 15, 2026

Legal or intestate succession to the estate of the adopted shall be governed by the following rules:

(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;

(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters;

(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters.

(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters;

(5) When only the adopters survive, they shall inherit the entire estate; and

(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply. (39(4)a, PD 603)

Adoption is now administrative

Adoption in the Philippines is now governed by Republic Act No. 11642 (2022), the Domestic Administrative Adoption and Alternative Child Care Act. Domestic adoption petitions are filed with and decided by the National Authority for Child Care (NACC), not the courts. This article was first displaced by the Domestic Adoption Act (RA 8552, 1998), which RA 11642 later repealed. The Family Code text is shown for reference only.

Read RA 11642 →

Consolidated by Alleba from the text of Executive Order No. 209 (Lawphil), which already includes the changes made by Executive Order No. 227 (1987) before the Code took effect, and the amending Republic Acts in our library. Later amendments made by Presidential Decrees, Batas Pambansa or other executive orders are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.