Adoption Provisions According to the Turkish Civil Code

Adoption Provisions According to the Turkish Civil Code

• Article 315

The act of adoption is finalized through a court ruling.

Authority to Decide on Adoption:

The decision is made by the court of residence of the adopter. If a couple is adopting jointly, the court in the residence of either spouse is competent.

Qualifications Required for Adopters:

An individual must be at least 30 years old to adopt if unmarried. There must be a minimum age difference of 18 years between the adopter and the adoptee. The adopter must have the capacity to discern. For those restricted or lacking the capacity to discern, approval is required from the guardianship and supervisory authority.

Married individuals can only adopt jointly with their spouse.

However, except for certain specific circumstances:

When the other spouse is perpetually incapable of discernment, When whereabouts of the spouse are unknown, or If one has been living separately from the spouse for more than 2 years due to a court order. In these cases, an individual can adopt alone but must be at least 30 years old. One spouse can adopt the child of the other, provided they’ve been married for at least 2 years or are 30 years old.

Qualifications Required for Adoptees:

Consent from descendants is necessary. Individuals with physical or mental disabilities requiring continuous assistance must have been under the care and supervision of the adopter for at least 5 years. Those who have received care, supervision, and education from the adopter for a minimum of 5 years. Individuals who, for valid reasons, have lived in the same family environment as the adopter for at least 5 years. If the prospective adoptive parent is married, the consent of the spouse must be obtained.

Criteria for the Adopted in the Adoption Process:

Age Difference: The adoptee must be at least 18 years younger than the adopter.

Discernment Capacity: If the adoptee has discernment capacity, they cannot be adopted without their consent. This provision safeguards fundamental individual rights.

Parental Consent: For those lacking discernment capacity, consent from both parents is necessary. However, an adoption relationship can be established without the parents’ consent in the following situations: When the location of the parents has been unknown for an extended period, When the identities of the parents are unclear, When the parents are devoid of discernment, When parents neglect their duty of care towards the child.

Marital Status: If the adoptee is married, consent from their spouse is also necessary.

Consent for Adoption and the Right to Revoke:

Consent for adoption given by the biological parents can be revoked once. From the date when the consent is officially recorded, there’s a 6-week window during which this right can be exercised. After this period, the consent becomes irrevocable. If consent is given and then revoked, any subsequent consent provided is considered final and cannot be revoked again.

Legal Consequences of Adoption:

Rights and Obligations: The rights and obligations of biological parents are transferred to the adopter.

Inheritance Provisions: The adoptee and their descendants are considered first-degree blood relatives of the adopter and can inherit. However, the adopter and their kin cannot inherit from the adoptee.

Surname: Adoptees who are minors take the surname of the adopter. An adult adoptee can choose to take the surname if they wish.

Population Registration: For minors adopted jointly and lacking discernment capacity, the names of the adopting spouses are recorded as the mother and father in the population register.

Population Ledger Data: To protect the rights of the adoptee and maintain family ties, necessary connections are established between the ledger of the adoptee’s birth family and that of the adopter’s family. The adoption decision is recorded in both ledgers. However, without a court order or unless requested by the adoptee, this information cannot be disclosed to third parties.

Where to Initiate the Adoption Case:

Legal completion of the adoption process requires a court decision. Accordingly:

For an individual adopting alone, the lawsuit can be filed in the family court of their residence. If a couple wishes to adopt together, the lawsuit can be filed where they reside.

The Adoption Lawsuit Process:

In the adoption lawsuit, all circumstances of both the adopter and adoptee should be thoroughly evaluated and necessary investigations conducted. Both parties should be heard in the lawsuit, and expert opinions must be sought. Factors like personal, economic, and health statuses, education ability, and family relations of the adopter and adoptee are taken into consideration. If the adopter has other descendants, their views on the adoption process are also sought. The Supreme Court of Appeals (Yargıtay) has indicated that it can overturn decisions if these evaluations are not comprehensively done.