ZNAČAJ USVOJENJA U NASLEDNOM PRAVU SRBIJE
THE IMPORTANCE OF ADOPTION IN SERBIAN INHERITANCE LAW

Summary/Abstract: Although adoption in the legal system of the Republic of Serbia is primarily recognized as a key institution of family law—particularly in safeguarding the rights and interests of minor children without parental care—it also holds significance in inheritance law, especially in delineating the circle of intestate heirs. Since the enactment of the Family Law Act in 2005, Serbian legislation has embraced the concept of full adoption, equating the legal relationship between adoptive parents and adoptees with that of biological kin in terms of mutual rights and obligations. Nonetheless, Serbian inheritance law continues to recognize the concept of incomplete adoption, regulating the legal consequences arising from such relationships established prior to the Family Law Act. Unlike full adoption, incomplete adoption does not constitute a permanent legal relationship. Accordingly, the continued application of provisions governing the inheritance status of adoptive parents and adoptees under incomplete adoption is both legitimate and necessary. This legislative approach avoids legal gaps and contributes to greater legal certainty regarding the rights, obligations, and legal status of relatives within incomplete adoptive relationships. In the context of inheritance law, this framework significantly affects three key issues: who qualifies as an intestate heir, the scope of inheritance rights, including the size of the inheritance share, and the conditions under which these rights are exercised. This paper analyzes the role of adoption in Serbian inheritance law, with a brief historical overview.

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