May Illegtitimate Son Get Inheritance?

In today’s video, we will talk about the legality of children born out of wedlock, and whether or not they enjoy the same legal rights as their counterparts.

Traditionally, Chinese law favored legitimate children over illegitimate ones regarding inheritance rights. Illegitimate children often faced significant challenges in establishing their paternity, leading to exclusion from inheritance claims. Moreover, societal norms and cultural biases added further obstacles, perpetuating discrimination against them.

However, the legal landscape has gradually changed. Article 1071 of the Civil Code specifically states that both legitimate and illegitimate children enjoy the same rights and nobody may harm or discriminate against children born out of wedlock. Consequently, illegitimate children now have the legal right to claim inheritance from their biological fathers and enjoy similar legal protections as legitimate children.

To fortify these rights, China has also implemented measures to simplify paternity investigations and establish biological relationships. The use of DNA testing and other scientific methods has become more common in resolving inheritance disputes and confirming parentage. These measures aim to ensure fairness and justice while enabling illegitimate children to exercise their rightful claims, like gratuity.