[Direct answer]In the Beijing area, whether an adopted child can inherit the assets of their biological parents depends on whether the adoption relationship has been established and its current status. According to Article 111, Paragraph 2 of the Civil Code of the People's Republic of China (effective January 1, 2021), the rights and obligations between adopted children and their biological parents and other close relatives are terminated upon the establishment of the adoption relationship. Therefore, during the existence of the adoption relationship, the adopted child generally does not have a statutory right of inheritance to the assets of their biological parents. However, the biological parents may leave property to the adopted child through a will or bequest. If the adoption relationship is legally dissolved, according to Article 111, the rights and obligations between the adopted child and their biological parents will be restored automatically. Whether the rights and obligations between adult adopted children and their biological parents will be restored can be determined through consultation, and the statutory right of inheritance will be restored accordingly. In addition, if the adopted child has received significant support from their biological parents, they may also be entitled to a share of the estate in accordance with Article 113, as appropriate.

1. Problem background and typical scenarios

Such questions are commonly seen in several situations: First, when a child is given up for adoption at a young age, and the biological parents claim to return to inherit after their death in old age; Second, when the biological parents have no children to support them in their old age, and the adopted children have been taking care of them for a long time, the relationship between the two parties has not truly ended; Third, when the adoption relationship has been dissolved, the parties inquire whether the rights and obligations with their biological parents have been restored; Fourth, when the de facto adoption has not been registered, the identities of the adoptive parents and biological parents are intertwined, and relevant family arrangements can be referred to for guidance.Marital and family matters, and divorce litigation栏目；五是生父母留有遗嘱将财产留给被收养子女。北京地区办理同类案件时，法院先审查收养关系的成立与存续状态，再判断是否适用法定继承或酌情分得规则。

II. Key points of contention

First, whether the adoption relationship is legally established, and whether it is registered directly affects whether the rights and obligations with the biological parents are eliminated. Second, the point in time when the rights and obligations are eliminated is calculated from the date the adoption relationship is established. Third, the application of wills and bequests. Although adoption eliminates the statutory inheritance rights, it does not prevent the biological parents from disposing of their property by wills or bequests. Fourth, the restoration rules after the dissolution of the adoption. The rights and obligations between the adopted minors and their biological parents are automatically restored, and the adopted adults can negotiate and determine them. Fifth, the appropriate share for those who have provided more support. According to Article 113 of the Civil Code, even if the adopted children do not have statutory inheritance rights, they can claim a reasonable share of the biological parents' estate. Sixth, the relationship with the inheritance of the adoptive parents' estate. The adoptive parents' estate is inherited in the first order, and there is no conflict between the two. Specifically, the current effective laws and regulations and judicial judgments shall prevail. For matters involving the division and transfer of real estate, reference can be made to the relevant provisions.Real estate transactions and construction projectsColumn.

III. Professional analysis by Henglue Lawyers

Taking a statutory inheritance dispute handled by our firm as an example, we can observe the impact of the facts of support and care on the outcome of the inheritance. Zhang *1 and Zhao * were husband and wife, and they had three children, Zhang *, Zhang *2, and Zhang *3. They left behind a house located at *05 in Haidian District, Beijing. Zhang *3 was unmarried and childless, and died before Zhao *. Zhang *2 sued to inherit the house according to law, and Zhang * agreed to the division of the property, but claimed that he had fulfilled the main obligations of support and care for the elderly and should receive a larger share of the inheritance. He entrusted our firm's lawyers to represent him. The lawyers guided Zhang * to collect and organize evidence from various sources, formulate litigation strategies, and submitted evidence such as medical records, diagnosis certificates, nursing fee receipts, medical expense receipts, receipts from elderly apartments, shopping orders, witness statements, and audio recordings during the trial to prove his continuous investment in financial support, daily care, and emotional comfort for the elderly over the years. The court determined that Zhang * had fulfilled the main obligations of support and care and could receive a larger share of the inheritance. Based on the specific circumstances, the court determined that Zhang * would inherit 60% of the house involved in the case, and Zhang *2 would inherit 40%. This case shows that whether it is the claim of a larger share among heirs or the discretionary allocation based on the facts of support and care, the core lies in the systematic evidence of the facts of support and care. The more complete the evidence chain is, the more supported the claim will be; this case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, fix the evidence of the adoption relationship, including the adoption registration materials, the written records of the placement and adoption, the household registration and school records, and clarify whether the rights and obligations with the biological parents have been eliminated; Second, confirm whether the adoption has been terminated and the time of termination, and judge whether the relationship with the biological parents has been restored; Third, systematically collect evidence of the support and care for the biological parents during their lifetime, such as transfer records, medical care records, certificates from grassroots organizations, and witness statements; Fourth, check whether the biological parents have left a will or a bequest support agreement. The will and bequest are not subject to the legal order of inheritance; Fifth, when the claim path is unclear, consult first and then sue. Relevant texts and procedural points can be referred to for reference.Special services and other casesColum. In terms of legal basis, Article 111, paragraph 2 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the rights and obligations between adopted children and their biological parents are eliminated upon the establishment of the adoption relationship; Article 117 stipulates that the rights and obligations between adopted children and their biological parents will be restored automatically after the dissolution of the adoption relationship, and adult adopted children may determine it through consultation; Article 123 clearly stipulates that after the commencement of inheritance, the inheritance shall be handled in accordance with the statutory inheritance, and if there is a will, the inheritance or bequest shall be handled in accordance with the will; Article 131 provides a basis for the reasonable division of support for a large number of children.

5. Henglu Law Firm's Advice

Risk Alert: First, after the establishment of the adoption relationship, the biological parents' heirs generally do not have a statutory right of inheritance. Don't assume that you can "inherit from both sides". Second, if you rely on the path of testamentary bequest, you must ensure that the form of the will is legal and effective to avoid failure due to formal defects. Third, whether the relationship between the adult adopted children and their biological parents will be restored after the termination of the adoption can be negotiated. If no consensus is reached, it will be difficult to provide evidence. Fourth, the evidence of the fact of support is easily lost over time, so it is advisable to collect and fix it as soon as possible. It is recommended to clarify the status of the adoption and the evidence as soon as possible, and to consult if necessary.Beijing Henglue Law FirmOn the official website, in the corresponding column, professional lawyers will evaluate the claim path.

VI. Frequently Asked Questions

Q1: Do I still have legal inheritance rights to my biological parents' estate after being adopted?

In principle, no. According to Article 111, Paragraph 2 of the Civil Code, the rights and obligations between adopted children and their biological parents and other close relatives are eliminated upon the establishment of the adoption relationship, and the adoptee is no longer the legal heir of the biological parents. However, the biological parents can leave property to the adopted children through wills or bequests, and can also restore the legal inheritance relationship after the termination of the adoption. The specific determination needs to be based on the current adoption status.

Q2: In which cases can one still inherit the estate of their biological parents?

There are mainly three categories: First, the adoption relationship is legally terminated and the rights and obligations with the biological parents are restored, thus restoring their legal inheritance status; Second, the biological parents have made a valid will or bequest, designating the property to the adopted children; Third, if the biological parents provided more support during their lifetime, they can claim a reasonable share of the inheritance according to Article 1131. The evidentiary focus of the three categories is different, and the preparation of evidence should be based on the adoption registration, the form of the will, and the facts of support respectively.

Q3: Can the right of inheritance be restored after the adoption is terminated?

According to Article 1117 of the Civil Code, after the termination of the adoption relationship, the rights and obligations between the adopted child and the adoptive parents and other close relatives are eliminated, and the rights and obligations between the adopted child and his biological parents and other close relatives are automatically restored; however, whether the rights and obligations between the adult adopted child and his biological parents and other close relatives are restored can be determined through consultation. If no agreement can be reached, the matter can be litigated, and the court will make a judgment based on the facts and intentions of the support.

Q4: Is the adopted child affected when inheriting the adoptive parents' estate?

Not affected. Adopted children have the same rights and obligations as the biological children of their adoptive parents from the date the adoption relationship is established, and are the first-order statutory heirs. At the same time, they can claim a larger share when fulfilling their main support obligations in accordance with Article 113 of the Civil Code. The inheritance of the adoptive parents' estate and the discretionary share of the biological parents do not conflict with each other, but the same property cannot be claimed repeatedly. It should be applied to the estate of different decedents respectively.

Q5: What evidence do I need to prepare to assert my rights?

The following items should be prepared: adoption registration materials or evidence of joint living and raising and educating the child in the case of de facto adoption; adoption dissolution documents (if any); transfer records of support and care for the biological parents, attendance certificates, certificates from grassroots organizations, and witness statements; original copies of the biological parents' wills and bequest agreements (if any); and proof of kinship and death certificates. After all the evidence is in place, it is necessary to determine the path to proceed with legal inheritance, testamentary inheritance, or equitable distribution as appropriate. For reference, please refer to the following materials:Inheritance and division of the estateColumn.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.