The concept of son it is very relative, after all, it is very related to the one who is willing to take care of someone, even if he does not have a registration in the notary or blood compatibility. Therefore, when dividing the goods, the question remains: foster child has the right to inheritance?
Read more: Find out if parents can sell assets from their children's inheritance without consent
see more
Princess Charlotte 'unintentionally' causes trouble for…
'I look 20 years younger' – 42-year-old woman reveals…
If you have this doubt, this text was designed for you! Find out what the law says about this and how you can be protected in case of a family dispute.
Does foster child have the right to inheritance?
In case of death or separation, like any other child, the foster child also has the right to property. However, there must be proof of a socio-affective bond with the deceased. Only with this proof is it possible to receive the goods.
Therefore, it should be noted that people who were already married brought children from other marriages to the relationship and they have developed a socio-affective bond, they also have the right to inheritance established by law.
According to law 1595 of the Civil Code, this is configured as kinship by affinity that guarantees the person – the stepchild, in this case – the right to have the name in the inventory. However, it does not grant responsibility of the person for the stepchild.
When the child is not entitled
There is a case that does not allow the conduct of the inheritance: when the child is not recognized as a necessary heir, regardless of whether the deceased was aware of the existence of the person.
The only way to testify that you are really a son and guarantee your right, even if the father denies his paternity, is with a DNA test. However, this is not mandatory if there is proof of bond. If the DNA test is done in life and the result is proven, the father must divide 50% of all his assets with his necessary heirs.