Exploring Adoption by Mutual Agreement Between Individuals: Legal Considerations And Process Overview
While adoption is often associated with institutional processes facilitated by governmental bodies, such as the General Directorate of Child Services of the Ministry of Family and Social Policies, it’s essential to recognize that adoption can also occur through mutual agreements between individuals. Despite being less familiar to many, this form of adoption offers a viable pathway to expanding families, provided certain conditions are met. In this blog, we delve into the legal framework and procedural aspects of adoption by mutual agreement between individuals in Turkey.
Legal Conditions and Requirements
The legal conditions for adoption, whether institutional or mutual agreement between individuals, are outlined in Article 305 of the Turkish Civil Code (TMK). This stipulates that the adoption of a minor necessitates that the adopter has provided care and education to the child for a period of one year. This requirement underscores the importance of ensuring the well-being of the child and protecting the interests of all parties involved. It’s crucial to note that these same conditions apply to adoption by mutual agreement between individuals, emphasizing the need for a nurturing environment and stable family dynamic.
Parental Consent and Timelines
In addition to meeting the care and education criteria, adoption by mutual agreement between individuals requires parental consent, as per Article 309 of the Civil Code. This consent can be provided orally or in writing before the relevant court, and it must be recorded officially. It’s important to highlight that parental consent is a crucial step in the adoption process, and without it, the adoption cannot proceed. Furthermore, there are specific timeframes to consider, as outlined in Article 310 of the Civil Code. Consent cannot be given before six weeks after the birth of the child, and it may be withdrawn within the same timeframe. After this period, an application must be made to the Family Court or Civil Court of First Instance to establish the existence of consent officially. Only after fulfilling these requirements can the one-year care and supervision obligation commence, leading to the finalization of the adoption process.
In conclusion, adoption by mutual agreement between individuals offers a valuable opportunity for individuals to expand their families through mutual agreement. While navigating the legal intricacies and procedural requirements may seem daunting, it’s essential to approach the process with patience and diligence. By adhering to legal guidelines and seeking appropriate legal counsel, families can embark on the journey of adoption by mutual agreement between individuals with confidence. It’s crucial to remember that despite challenges, this pathway provides a meaningful opportunity to provide loving homes for children in need.
For those considering adoption by mutual agreement between individuals, Bayraktar Attorneys is here to provide expert legal guidance and support throughout the process. Contact us today to explore your options and embark on this transformative journey of building your family through adoption.