Adoption in Turkey: Legal Procedures and Requirements

Adoption is a legal institution under Turkish law that establishes a legally recognized family relationship between the adoptive parent and the adopted child without relying on a biological bond, yet producing consequences equivalent to biological parenthood. Adaption in Turkey is regulated as a strictly structured legal process centered on the best interests of the child and finalized through a court decision. With its extensive experience in family and adoption law, Bayraktar Attorneys provides comprehensive legal assistance in both domestic and international adoption procedures in Turkey.

This article examines the legal foundations of adoption under adaption law, the procedural requirements and judicial stages in Turkey, as well as the opportunities and legal considerations related to international adaption in Turkey.

The Legal Nature of Adoption Under Adaption Law

Under the Turkish Civil Code, adoption is a legal relationship established by a final court judgment and results in permanent legal consequences for both parties. Once the adoption decision becomes final, the adopted child acquires the legal status of the adoptive parent’s child, and a full legal parent-child relationship is formed. This relationship gives rise to rights and obligations such as custody, maintenance, inheritance, and care. Adaption law is therefore designed not merely to reflect the wishes of the adoptive parents, but primarily to safeguard the legal, social, and psychological well-being of the child. Bayraktar Attorneys places legal certainty and the protection of the child’s interests at the center of every adoption process it handles.

Adaption in Turkey

Adoption in Turkey is subject to specific legal requirements concerning both the adoptive parents and the child to be adopted. Prospective adoptive parents must demonstrate that they possess the financial, social, and emotional capacity to care for and educate a child, and that they meet the statutory age or marriage duration requirements set forth by law. As a general rule, married couples are required to apply jointly for adoption.

With respect to the child, the decisive criterion is whether the adoption serves the child’s best interests. For the adoption of minors, the consent of the biological parents is required, unless otherwise provided by law. Additionally, the child must have lived under the care and supervision of the adoptive parents for a legally prescribed period prior to the adoption decision. This period allows social service authorities and courts to assess the child’s adaptation to the new family environment.

Adoption Procedure in Turkey

The process of adaption in Turkey consists of both administrative and judicial stages. Initially, prospective adoptive parents must apply to the Ministry of Family and Social Services, where they undergo a comprehensive evaluation process. During this stage, social investigation reports are prepared, and the applicants’ living conditions, social background, and overall suitability for adoption are carefully examined.

Following a positive administrative assessment, an adoption lawsuit is filed before the competent Family Court. The court evaluates the social investigation reports, the statements of the parties, and all relevant circumstances in light of the child’s best interests. If the legal requirements are fulfilled, the court issues an adoption decision. Bayraktar Attorneys provides professional legal representation and guidance throughout all stages of adoption proceedings in Turkey.

International Adaption in Turkey

International adaption in Turkey is governed by domestic legislation as well as international conventions to which Turkey is a party, including the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Foreign nationals seeking to adopt a child from Turkey must apply through the designated central authorities and are subject to strict legal scrutiny. The eligibility of the adoptive parents under their national law, as well as approvals from Turkish authorities, play a crucial role in the process.

Turkish citizens who wish to adopt a child from abroad are also subject to the rules of international adaption in Turkey. In such cases, adoption decisions issued by foreign courts must comply with Turkish public order and must undergo recognition and enforcement procedures in Turkey in order to produce legal effects. Given its cross-border nature, international adoption requires in-depth knowledge of multiple legal systems. Bayraktar Attorneys offers specialized legal support in international adoption cases involving complex jurisdictional and procedural issues.

Legal Consequences of Adoption

Once the adoption decision becomes final, the adopted child assumes the adoptive parent’s surname and gains full inheritance rights. Correspondingly, the adoptive parent becomes legally responsible for the child’s care, education, and protection. These consequences are permanent in nature under adaption law, and the termination of an adoption relationship is permitted only in exceptional circumstances expressly regulated by law.

Legal Assurance in Adoption Processes with Bayraktar Attorneys

Adoption procedures, particularly those involving an international element, require meticulous legal expertise and procedural accuracy. Deficiencies in consent, procedural errors, or mistakes in recognition and enforcement proceedings may jeopardize the validity of an adoption. With its expertise in adaption law, Bayraktar Attorneys ensures that adoption processes in Turkey and abroad are conducted in full compliance with legal requirements, providing clients with reliable and effective legal solutions.

International adoption is also a possibility, following the rules and regulations set forth in the Hague Adoption Convention and the laws of the host country. If you have further questions or require legal assistance regarding adoption in Turkey, please do not hesitate to contact Bayraktar Attorneys.