Successory rights the inheritance of biological parents after traffic in adoption procedure

Abstract

Introduction: This study unfolds on inheritance rights the inheritance of post-transit biological parents in an adoption process. Since the right of inheritance is non-transferable and that the biological bond despite being suppressed with the adoption sentence, the exclusion of the right of inheritance to the biological father is relative.

Objective: To show that the right of inheritance of biological parents in the case of children and adolescents who were adopted is possible and should be used as an analogy in relation to cases of multipaternity records,

Method: The approach was qualitative, since the concepts of adoption were analyzed, as well as the affiliation and all this relationship of affective and biological affiliation, which will contribute to conclude on the theme. The research was bibliographic as well as documentary. Using as theoretical references Fábio Ulhoa Coelho, Melina Trajano Fechine, Pablo Stolze Gagliano and Rodolfo Pamplona Filho; with regard to documents, specific jurisprudential decisions were observed and studied and verifying the position that the Courts, whether or not they have been granting the right to inheritance, in the absence of double paternity registration.

Results: We consider that this matter has not yet been regulated, and there is a need for jurisprudential changes according to the specific cases presented.

Conclusion: Socio-affective paternity does not prevent the bond from being recognized, with its own legal effects. In this sense, the adopted child would be entitled to the inheritance (patrimony) left by the biological father, even if there is no record of multipaternity.