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Family Law

Adoption Requirements and Process in Turkey

2 min read

Adoption is a legal act by which a person meeting the statutory conditions establishes a legal parent-child bond with a minor or an adult by court decision; this process is subject to strict formal and substantive requirements to protect the best interests of the child.

Requirements the Adopter Must Meet

Under Article 305 et seq. of Turkish Civil Code No. 4721, a person wishing to adopt alone must be at least thirty years old; spouses wishing to adopt together must have been married for at least five years or have both reached the age of thirty. The adopter must be old enough relative to the adoptee (at least eighteen years older) to plausibly protect the child.

The Trial Period for Adopting a Minor

Under Article 316 of the Turkish Civil Code, before a minor can be adopted, there must have been a care and education relationship (a trial period) of at least one year between the adopter and the child. During this process, the Provincial Directorate of Family and Social Services monitors how well the child adapts to the prospective adoptive family.

The Consent Requirement

Adoption requires the consent of the minor's legal representative and, where the minor has capacity to form a judgment, the minor's own consent; a married person also needs their spouse's consent to adopt. An adoption carried out without consent is invalid.

Filing the Adoption Case

Once the trial period is complete and the required reports have been prepared, an adoption case is filed with the family court; if the court is satisfied that all conditions are met and the act serves the minor's interest, it grants the adoption.

Legal Consequences of Adoption

Once the adoption decision becomes final, the adoptee becomes the adopter's heir and takes their surname; however, the adoptee's inheritance rights with respect to their birth family are generally preserved as well. The legal parent-child bond established between the adoptee and the adopter does not extinguish the bond with the adoptee's biological family.

Practical Recommendations

When submitting your adoption application to the Provincial Directorate of Family and Social Services, prepare all required documents in full (medical report, income documentation, criminal record certificate); cooperating with the experts throughout the trial period helps the process proceed smoothly.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.