Everyone knows that children are a person's heirs at the time of their passing, but what if it's a foster child or even a stepchild? Do they have the same rights as legitimate children? A doubt that is present for many people nowadays, is what we will try to clarify here in this post.
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The first thing we should highlight is that people who are living in a stable union or marriage with a person who has already had a child in previous relationships, start to consider the partner's children as their own stepchildren. The bond is real and exists through a law, through what we call kinship by affinity, which is guaranteed by article 1595 of the Civil Code. But all this does not mean that the person referred to is in fact responsible for your stepson.
As time goes by, justice begins to interpret this father-mother relationship in a different way. In these cases, the bond that is established in this way through the affection and social recognition of both parties ends up involving both the figure of the stepchild and the child by creation. Even if there is no record that proves that the person is a legitimate child. Therefore, by means of the law, the condition is valid, whether for cases of biological or adoptive parents.
Briefly, in cases where the partners separate and the existence of a socio-affective bond is proven by the parties, the right of custody or visitation, and the obligation to support and educate the children in question and participation in the division of the inventory. Just like any other child, the person in question also receives the right to property, but only in cases of socio-affective bond, as mentioned above. If it is not possible to prove such a condition, being considered only a stepchild does not grant benefits to the receipt of the deceased's assets.
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