What Are Paternity Actions in Turkey? Denial of Paternity and Paternity Suits

Paternity actions cover the types of cases aimed at establishing the legal bond between a child and a parent, or removing an existing presumption of parentage.

Denial of Paternity Action

Under Article 286 et seq. of Turkish Civil Code No. 4721, a child born within a marriage is generally presumed to be the husband's child for the duration of the marriage; however, the husband can rebut this presumption by proving the child is not his, through a denial-of-paternity action.

Time Limits for a Denial of Paternity Action

The husband must file the action within one year of learning of the birth or of learning he is not the father. The mother may file the action within one year of the birth. The child has the right to file this action within one year of reaching the age of majority. These periods are preclusive and are taken into account by the court of its own motion, except in the exceptional circumstances provided by law.

Paternity Suit

Under Article 301 et seq. of the Turkish Civil Code, where paternity has not been established in any other way, the mother and child may file a paternity suit against the person alleged to be the father, seeking to establish the parent-child bond. Scientific methods such as DNA testing play a decisive role in proving paternity in this action.

Time Limit for Filing a Paternity Suit

A paternity suit may be filed before or after the child's birth; the mother's right to file must be exercised within one year of the birth. Filing after this period has passed is subject to the delay being based on a just cause and the action being filed within one month of that cause ceasing to exist.

Establishing Paternity Through Acknowledgment

The father of a child born outside marriage can establish paternity by acknowledging the child, either through a declaration executed before a notary or a notification made to the court; the mother's or child's separate consent is not required for the acknowledgment to be valid, though an action to challenge the acknowledgment may be filed.

Difference Between Denial of Paternity and a Paternity Suit

These two actions cannot be heard together in the same file; a denial-of-paternity action seeks to rebut an existing presumption of parentage, while a paternity suit seeks to establish a parent-child bond that has not yet been formed. Both actions must be filed separately.

Practical Recommendations

If you are considering filing a paternity-related action, first clarify the starting date of the preclusive period and whether it has already passed; plan the process of gathering scientific evidence, such as DNA testing, together with a lawyer.

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