Adoption in Turkey: Legal Procedures and Requirements
Adoption is a legally recognized means of establishing a filial relationship, where the adoptive parent becomes the legal parent of the adopted child in Turkey. Unlike other methods of establishing filiation, adoption does not rely on a biological connection. In this blog, we will delve into the legal aspects of adoption in Turkey, including the requirements, procedures, and international adoption possibilities.
Requirements for Adoption in Turkey
The Turkish Civil Code stipulates different requirements for adopting minors and adults.
- Minors: Individuals under the age of 18 are considered minors. Adoption of minors is subject to specific conditions.
- Adults: Adults, defined as individuals who have reached the age of 18, can also be adopted if they have not reached adulthood due to marriage or a court decision. Adoption of adults is regulated by Article 313 of the Turkish Civil Code and is subject to specific provisions.
- Incapacitated Adults: Individuals with mental illness or mental incapacity, requiring continuous assistance for daily life tasks or posing a danger to the safety of others, may also be adopted under specific conditions.
Adoption Procedure
The adoption process in Turkey involves the following steps:
- Application: The prospective adoptive parent applies to the local Directorate of Family, Labor, and Social Services, where they reside. All required documents related to the official procedure are collected and submitted to the authority.
- Assessment: The authority conducts necessary inspections and assessments. Following this, an adoption lawsuit must be filed.
- Court Decision: Upon satisfying the legal requirements outlined in the Civil Code, a court decision is issued, establishing the legal parent-child relationship between the adoptive parent(s) and the adopted child.
Who Cannot Adopt?
Certain restrictions apply to adoption in Turkey:
- Individuals under the age of 30 cannot adopt on their own.
- Married couples with less than 5 years of marriage or both spouses under the age of 30 cannot adopt together.
- Married individuals can adopt together as a general rule, but under specific conditions, one spouse may adopt alone if the legal requirements are met. The age of 30 must be reached for individual adoption within a marriage.
Duration of the Adoption Process
The adoption process timeline varies, but typically includes the following stages:
- Filing the adoption petition, notification, and response period: 159 days in total.
- From the initial hearing to the final hearing: 60 days in total.
- Writing of the reasoned decision: Approximately 1 month, but this period may be shorter with
the parties’ consent.
International Adoption in Turkey
Turkey is a signatory to the Hague Adoption Convention, which regulates international adoptions. Under this Convention, when a child cannot be adopted within their own country, intercountry adoption may be possible.
The essential criteria for international adoption include:
- The adopting parent(s) meeting the qualifications and suitability for adoption.
- Consultation with the authorities when deemed necessary.
- Ensuring the child’s entry into the adopting country and their permanent residence there.
Bringing an Internationally Adopted Child to Turkey
If the necessary conditions are met for international adoption, the adopting parent(s) can bring the child to Turkey. Specific documents required by the host country must be submitted to the Turkish consulate.
A temporary custody agreement for one year is signed for the child’s care and education.
During the monitoring period, the adopting parent(s) cannot change their residence or leave the country without the approval of the central authority in the host country and the Turkish central authority.
Recognition of International Adoption
The recognition of international adoption is governed by the laws of the host country. The adopting parent(s) must present the decision of the competent authority in the host country to Turkish authorities. Recognition is subject to the host country’s legal procedure and evaluation.
In conclusion, adoption in Turkey involves a legal process with specific requirements and timelines.
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.
