Under English common law, do adopted children have the same inheritance rights as biological children?

Question

In Iran, adopted children do not inherit from adoptive parents under the Civil Code (e.g., Article 861). I’m trying to understand how this compares with other systems, particularly English common law and Malaysian law (which involves both Islamic and civil law elements). My main question is:

My main question is: Under English common law, do adopted children have the same inheritance rights as biological children, especially when compared with inheritance rules under Islamic law (e.g., in Iran or among Muslims in Malaysia)?

Context (not separate questions): In Malaysia, especially within Muslim families, inheritance follows Islamic law. In contrast, civil law may apply to non-Muslims. In Iran, mechanisms like wills or gifts are used to transfer assets to adopted children, since automatic inheritance is not available. I have reviewed existing resources, but haven’t found a concise comparative explanation. If possible, please focus on the legal rules and practical outcomes. Kindly keep responses concise and avoid ideological debates

Answer 1

ontario

Adoption and relationships of parentage are wholly statutory. A relationship of parentage established by adoption makes a person the child of the parent for all purposes of the law of Ontario, including for inheritance.

See Section 4 of the Children's Law Reform Act

4 (1) A person is the child of his or her parents.

(2) A parent of a child is,

... (b) in the case of an adopted child, a parent of the child as provided for under section 217 or 218 of the Child, Youth and Family Services Act, 2017.

...

(4) For greater certainty, this section applies for all purposes of the law of Ontario.

Answer 2

united-kingdom

The UK Adoption Act 1976 states in section 39

(1) An adopted child shall be treated in law—

(a) where the adopters are a married couple, as if he had been born as a child of the marriage (whether or not he was in fact born after the marriage was solemnized);

(b) in any other case, as if he had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).

So yes, this does apply to inheritance rights. It is not Common Law, it is Statute Law.

Answer 3

germany

[I know, absolutely not common law but a third set (Roman Law-foundation), so maybe interesting even if it's not answering the question]

In Germany adoptive kids (afaik only adopted before their 18th birthday) have a completely equal stance to biological kids when it comes to adoption.

In fact there is absolutely no legal difference between them in any realm of law.

Answer 4

Yes, based on my review of relevant legal sources and the answers provided here, it appears that under English common law—especially following the Adoption and Children Act 2002—an adopted child is treated in law as if they were born to the adoptive parents. This legal parent-child relationship applies for all purposes, including inheritance through intestacy or wills, unless a will explicitly states otherwise. Therefore, adopted children have the same inheritance rights as biological children.

By contrast, under Iranian civil law, adopted children do not inherit from their adoptive parents (see Civil Code, Article 861). Adoptive parents in Iran must therefore use tools like wills (up to one-third of their estate) or lifetime gifts to provide for adopted children.

In Malaysia, when the family is Muslim, Islamic inheritance law (Faraid) governs, which is strictly based on biological kinship. Adopted children are not recognized as heirs under this system either, though similar to Iran, provisions can be made through wills (up to one-third) or hibah (gifts).

In summary, English common law grants adopted children full inheritance rights, while Islamic-based systems, including those in Iran and among Muslims in Malaysia, restrict inheritance to biological heirs and require other legal means to support adopted children.