Q. Respected Mufti Saheb My birth parents gave me up for adoption to a relative. Lately my biological father passed way. Am I eligible to inherit from his estate?
A. In the case of adoption, an adopted child is not eligible to inherit from his/her adoptive parents. An adopted child may only receive a bequest up to one third of the estate from his/her adoptive parents if the adoptive parents made a bequest in favor of the adopted child.
In any event, an adopted child’s biological parents remain his/her biological parents even after adoption. Hence, in the case of an adopted child’s biological parents passing away, an adopted child will still inherit from his/her biological parents according to Islamic Law. Accordingly, as an adopted child, you are eligible to inherit from your biological father’s estate.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.