Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
Is there a difference between a full adoptee and an ordinary adoptee in adoptee inheritance?
Views3,722
With my parents' inheritance approaching, I am confused about the structure of adoptee inheritance. I heard that a full adoptee and an ordinary adoptee differ in the manner of adoption, but I am curious what differences arise in actual inheritance. And I would like to know the practical points to be careful about in adoptee inheritance, such as whether the inheritance relationship with the birth parents is maintained and whether there is a possibility of an inheritance dispute with siblings.
adoptee inheritance
Answer to Related Inquiry
Author: 김국일
Hello. I am an attorney specializing in inheritance at Daeryun Law LLC.
With respect to adoptee inheritance, the biggest difference between a full adoptee and an ordinary adoptee lies in the scope of inheritance, and this is based on Articles 882-2 and 908-3 of the Civil Act.
First, an ordinary adoptee maintains a legal relationship with the birth parents even after adoption.
This is because, under Article 882-2 of the Civil Act, even though a parent-child relationship with the adoptive parents arises, the blood-based rights with the birth parents are not extinguished.
Therefore, an ordinary adoptee has a dual status in which they can inherit the property of both the adoptive parents and the birth parents.
As a result, cases arise in which one person becomes an heir in two family lines at the same time, and this sometimes becomes a major cause of adoptee inheritance disputes, such as other heirs raising issues of the legally reserved portion or of fairness.
By contrast, for a full adoptee, under Article 908-3 of the Civil Act, the relationship with the birth parents is completely terminated upon adoption.
Legally regarded as a 'child born in wedlock' of the adoptive parents, the full adoptee inherits the adoptive parents' property on the same terms as a natural child, but the right of inheritance with respect to the birth parents is extinguished, so the inheritance relationship is clearly arranged into one of the two family lines.
In practice, because the legally reserved portion under Article 1112 of the Civil Act or the inheritance tax burden with respect to adoptee inheritance varies depending on the form of adoption, a careful review is needed rather than a judgment based on the fact of adoption alone.
In particular, the more complex the family relationships, the easier it is to misapprehend one's legal status and become entangled in unnecessary disputes, so caution is needed.
Daeryun, the 9th-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), quickly establishes a response strategy tailored to your situation and provides assistance.
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View more
Naewon Kwak
T. 070-5117-2950
Judge of Daejeon District Court, Gongju Branch, Household Affairs Division, Suwon District Court, Judge of Household Affairs Division, Suwon District Court

SeJun KIM
T. 070-5221-0865
Experience as a judge in the Civil Settlement Department of Anyang Branch of the Suwon District Court and as a judge in the Civil Settlement Department of the Daejeon District Court
Key Case Studies
View more- Winning the case (favorable judgment)
Defending Against Division by Having the Lifetime Agreement Recognized

- Won the Case
Winning the Inherited Property Lawsuit and Dividing the Property

- Winning the case (favorable judgment)
The Father's Unknown Debt, a Successful Special Qualified Acceptance of Inheritance

Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreAssessing the Requirements for a Claim to Return the Reserved Portion: The Procedure and How to Secure Evidence

Inheritance and Gift: The Concepts and How to Calculate and File Inheritance Tax and Gift Tax

Proposed Tax Law Amendments: Reasons for the Amendments and Key Amended Provisions

Guide to the Procedure for Applying for an Adult Guardian: How Do You Prepare the Documents?

Renunciation of Inheritance and Qualified Acceptance, Explained by an Attorney Handling Renunciation of Inheritance

Do you have more questions?













