JOURNAL ARTICLE

Stepchildren in succession law across European jurisdictions – current landscape and legislative concerns.

  • Published In: International Journal of Law, Policy & the Family, 2025, v. 39, n. 1. P. 1 1 of 3

  • Database: Sociology Source Ultimate 2 of 3

  • Authored By: Miler, Dorota 3 of 3

Abstract

This article examines the limited recognition of succession-law rights for children in blended families—defined as families including spouses or unmarried partners and their children from previous relationships—across European jurisdictions. It identifies four categories of legal provisions granting such children intestate rights or claims: (i) intestate rights specifically for stepchildren, (ii) intestate rights for children living in a common household with the deceased, (iii) claims for inheritance, and (iv) claims for maintenance. The analysis reveals that only a minority of European countries, mainly in Central and Eastern Europe, provide these rights, often subject to conditions such as cohabitation duration, financial dependency, or orphan status, and that children in blended families never have rights equal to those of biological or adopted children. The article further discusses considerations for drafting succession laws to improve the legal position of children in blended families, emphasizing the need to balance factual relationship proof, court involvement, and the rights of other heirs within each jurisdiction’s legal framework.

Additional Information

  • Source:International Journal of Law, Policy & the Family. 2025/01, Vol. 39, Issue 1, p1
  • Document Type:Article
  • Subject Area:Literature and Writing
  • Publication Date:2025
  • ISSN:1360-9939
  • DOI:10.1093/lawfam/ebaf002
  • Accession Number:191632964
  • Copyright Statement:Copyright of International Journal of Law, Policy & the Family is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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