Compulsory share after adoption: is there a double compulsory share claim?
In short: yes – but only in the case of adult adoption. Anyone adopted as an adult remains related to their biological parents and can therefore inherit from two sets of parents and claim a compulsory share (Pflichtteil). Anyone adopted as a child is, as a rule, only entitled to a compulsory share from their adoptive parents.
The question of the compulsory share after adoption usually only arises when someone dies – for example, when an adopted child has been passed over in the will of their biological mother, or when siblings want to know how much the adoption reduces their own share of the inheritance. One question above all is decisive: was the child adopted as a minor or as an adult?
Lawyer and certified specialist in inheritance law (Fachanwalt für Erbrecht) István Cocron explains what applies to the compulsory share after adoption, when a double claim exists, what exceptions there are and what testators and persons entitled to a compulsory share should do now.
Adoption of a minor: compulsory share only from the adoptive parents
In the case of the adoption of a minor, there is no double compulsory share. The child acquires the full legal status of a biological child of the adoptive parents. At the same time, all family relationships with the previous family are extinguished.
For inheritance law, this means:
- The adopted child is a statutory heir of the first order of its adoptive parents and, if disinherited, entitled to a compulsory share.
- It also inherits from the adoptive grandparents and other relatives of the adoptive family.
- With regard to the biological parents, there is neither a statutory right of inheritance nor a compulsory share claim.
The biological parents can nevertheless provide for the child in a will. For tax purposes, the favourable tax class I then continues to apply.
Adult adoption: this is where the double compulsory share claim arises
In the case of adult adoption, the adopted child can inherit from two sets of parents. The reason is the so-called “weak effect” of adult adoption: the rights and obligations arising from the relationship with the biological family remain in place.
The adopted person is therefore:
- a child of the adoptive parents – with a statutory right of inheritance and a compulsory share claim,
- and still a child of their biological parents – likewise with a right of inheritance and a compulsory share claim.
If the adopted person is disinherited in both families, they can therefore claim the compulsory share, amounting to half of their statutory share of the inheritance, twice. This is the “double compulsory share”.
Important limit: the adoption has no effect on the relatives of the adoptive parent. There is therefore no right of inheritance and no compulsory share with regard to the parents or siblings of the adoptive father. The children of the adopted person, on the other hand, become grandchildren of the adoptive parent.
Exceptions and special cases
Not every adult adoption leads to a double compulsory share. What matters is what the family court ordered in the adoption order.
- Adult adoption with strong effect: the court can order that the effects are governed by the provisions on the adoption of minors – for example, if a minor brother is adopted at the same time, if the adopted person already lived in the family as a child, or if the spouse’s child is adopted. The ties to the biological family are then extinguished, and only the single compulsory share remains.
Special cases in the adoption of minors: conversely, even after the adoption of a minor, family relationships with the family of origin remain in place in two cases:
- Stepchild adoption: if a spouse adopts their partner’s child, the relationship with the biological parent to whom the adoptive parent is married is preserved. If the other parent had died and had parental custody, the child also remains related to that parent’s relatives – so it can, for example, inherit from the grandparents on that side.
- Adoption by relatives: if relatives of the second or third degree (e.g. grandparents, an aunt, an uncle) adopt the child, only the relationships with the biological parents are extinguished, not those with the other relatives.
Practical tip: when someone dies, always ask to see the adoption order. Only this reliably shows whether a double compulsory share claim exists.
What adoption means for siblings, parents and inheritance tax
An adopted child counts in full when calculating the compulsory share. Biological children of the adoptive parent must therefore expect a smaller share: alongside a spouse living under the statutory matrimonial property regime, each child’s compulsory share falls from 1/8 (with two children) to 1/12 (with three children).
The reverse case is also relevant: if a person adopted as an adult dies childless, the parents may inherit alongside the spouse as heirs of the second order – and thus, in principle, both the biological and the adoptive parents. How the parents’ share is to be distributed in this case is assessed differently in legal literature; a review of the individual case is worthwhile here.
Inheritance tax: adopted children belong to tax class I and have a tax allowance of 400,000 euros with regard to each adoptive parent (as at September 2026). In the case of adult adoption, the same also applies with regard to the biological parents.
| Adoption of a minor | Adult adoption (standard case) | |
|---|---|---|
| Compulsory share from adoptive parents | Yes | Yes |
| Compulsory share from biological parents | No | Yes |
| Right of inheritance from adoptive grandparents | Yes | No |
| Double compulsory share possible | No | Yes |
| Tax class with regard to adoptive parents | I | I |
Planning: how the double compulsory share can be managed
Anyone planning an adult adoption or who has already completed one should actively regulate the consequences under inheritance law. Three instruments are at the forefront:
- Waiver of the compulsory share (Pflichtteilsverzicht): the adopted person can waive their compulsory share with regard to the biological or the adoptive parents – usually in return for a settlement payment. The agreement must be notarised.
- Will or inheritance contract: adoptive parents can clearly determine the distribution between biological and adopted children. However, they cannot exclude the compulsory share in this way.
- Application: if the requirements are met, the strong effect can be applied for in the adoption proceedings themselves. The double compulsory share then does not arise in the first place.
Persons entitled to a compulsory share, on the other hand, should keep an eye on the limitation period: the claim becomes time-barred three years after the end of the year in which they learned of the death and of their disinheritance.
Frequently asked questions on the compulsory share after adoption
Yes. Under inheritance law, adopted children have the same status as biological children and are entitled to a compulsory share from their adoptive parents.
In principle, only after an adult adoption in which the family court did not order a so-called strong effect. After the adoption of a minor, there is generally no longer any claim.
No. Adult adoption does not extend to the relatives of the adoptive parent.
The family court must take into account the interests of the adoptive parent’s children. However, a mere interest in a larger share of the inheritance is generally not sufficient.
Conclusion
A double compulsory share claim after adoption is possible – but only if an adult was adopted with the statutory “weak effect”. In the case of the adoption of a minor and of an adult adoption with strong effect, only the compulsory share from the adoptive parents remains. Whether a claim exists, and in what amount, depends on the adoption order and on the estate.
Advice on the compulsory share after adoption
Were you adopted as an adult and passed over in the will of your biological or adoptive parents? Or, as a testator, would you like to prevent an adoption from leading to unwanted compulsory share claims? Lawyer István Cocron, certified specialist in inheritance law (Fachanwalt für Erbrecht), examines your claim to the compulsory share after adoption and enforces it throughout Germany – from the Berlin and Munich offices.
