Q&A · Inheritance and wills
Do stepchildren and adopted children inherit?
Translated from the Vietnamese original; where they differ, the Vietnamese text and the law prevail.
Awaiting review by a lawyer. Each rule cites its source; where the texts are unclear, the page says so.
Yes. A lawfully adopted child (con nuôi) is in the first rank of heirs of the adoptive parents, on a par with birth children (Article 651(1)(a) and Article 653 of the Civil Code 2015 (Đ.651 khoản 1 điểm a, Đ.653 BLDS 2015)). A stepchild (con riêng) is always the birth child of their own father or mother and so inherits from that parent. From a stepfather or stepmother, a stepchild inherits only if they cared for and supported each other like parent and child (Đ.654).
What does an adopted child inherit?
An adopted child and the adoptive father or mother inherit from each other (Đ.653 BLDS 2015). Specifically:
- The adopted child is in the first rank of the adoptive parents and receives the same share as a birth child (Đ.651 khoản 1 điểm a and khoản 2).
- The adoptive father and mother are in the first rank of the adopted child if the child dies first.
- The adopted child keeps the right to inherit from their own birth parents. Đ.651 puts both birth parents and adoptive parents in the first rank, so a person may inherit from both sides.
- If the adopted child dies before the adoptive parents, the adopted child's children inherit by representation (Đ.652, Đ.653).
If left out of a will, an adopted child who is a minor, or an adult unable to work, still receives at least 2/3 of the share they would get by law (Đ.644). See heirs who inherit regardless of the will.
If raised from childhood but never registered, is the child an adopted child?
An adoptive relationship is recognised by law once the adoption has been registered. The Law on Adoption 2010 (Luật Nuôi con nuôi 2010) has a specific rule for de facto adoptions that arose before 1/1/2011 between Vietnamese citizens, allowing them to be registered if the conditions are met (Đ.50). According to guidance materials from the justice sector, the deadline for registering this kind of adoption ran until the end of 2015.
If the upbringing was never registered, the person raised is easily challenged by the other heirs. The court will then consider each case on its facts. In this situation, the safest way is for the adoptive parents to make a will leaving property to that child. See what makes a will lawful.
Does a stepchild inherit from their birth parents?
Yes. Your stepchild is your birth child, so they are in the first rank of heirs and receive the same share as the other children (Đ.651 BLDS 2015). The law does not distinguish between children born in or out of wedlock, or children of an earlier or later marriage.
The condition is proving the parent-child relationship. When notarising the estate division document, the file must include papers proving the relationship between the person leaving the estate and the beneficiary (Article 59(2)(b) of the Law on Notarisation 2024 (Đ.59 khoản 2 điểm b Luật Công chứng 2024)), usually a birth certificate. If the birth certificate does not name the father, the child must first go through the procedure to establish paternity, possibly with a DNA test result.
A child conceived before the father died and born alive afterwards also inherits (Đ.613).
Does a stepchild inherit from a stepfather or stepmother?
Only if they cared for and supported each other like parent and child (Đ.654 BLDS 2015). When this condition is met, the stepchild and the stepfather or stepmother inherit from each other. The stepchild can also inherit by representation under Đ.652 and Đ.653.
The law does not define "cared for and supported like parent and child". In disputes, the court usually considers facts such as how long they lived together, who paid for food and schooling, who looked after the person when ill, and statements from neighbours and the local authorities. You should keep papers, photos and records proving this.
Without such a relationship, a stepchild does not inherit by law from the stepfather or stepmother. They receive something only if a will leaves it to them.
Summary table
| Relationship | Inherits by law? | Basis |
|---|---|---|
| Birth child (in or out of wedlock, stepchild) and birth parents | Yes, first rank | Đ.651 |
| Registered adopted child and adoptive parents | Yes, both ways, first rank | Đ.651, 653 |
| Adopted child and birth parents | Yes, still kept | Đ.651, 653 |
| Stepchild and stepfather or stepmother | Yes, if cared for and supported like parent and child | Đ.654 |
| Stepchild and stepfather or stepmother without that relationship | No, unless there is a will | Đ.654 |
When to ask a lawyer
- Your parents raised you as their own from childhood but never registered the adoption.
- You were born out of wedlock and your birth certificate does not name your father.
- The children of an earlier marriage do not accept you as an heir.
- You lived with a stepfather or stepmother for many years and need to prove the caring relationship.
Read more: dividing an estate by law, ranks of heirs and the procedure for declaring an estate.