Abolition of Adoptive Relationship in Turkey
THE TERMINATION OF THE ADOPTION RELATION IN TURKISH LAW
Adoptive relationship is based on the legal relation established between the adopter and adoptee, not naturally on the blood relation. Adoption is called artificial paternity or maternity. In the Turkish Civil Code, there are two reasons terminating the adoption relation; lack of consent and lack of other requirements.
Lack of Consent
If the adopted minor has mental capacity, its consent should be obtained on adoption. Apart from this, the consent of the adopted child’s parents should be obtained. On the other hand, the adopter is required to have been married at least for 5 years, and its spouse should allow the adoption relation to be established. In addition to these, if the adoptee older than 18 years old is under legal disability, its consent should be obtained.
In the case of lack of consent of the persons mentioned above, the adoption relation may be terminated
Lack of Other Requirements
These requirements should be satisfied to establish and maintain the adoption relation. In case of lack of one of these requirements, the public persecutor or relevant persons may request for the termination of the adoption relation.
- The sole adopter should turn 30,
- There should be 18 years age difference between the adopter and the adoptee.
- The adopter has been looking after the adoptee, who is a minor, for at least 1 year.
If the stated requirements above are satisfied later or there are only formalities preventing them and the interests of the adoptee are severely injured if the adoption relation is terminated, the adoption relation is not terminated.
THE FINAL TERM FOR TERMINATING THE ADOPTION RELATION
The final term for filing a case to terminate the adoption relation expires within 1 year upon learning the reason for terminating the adoption relation or within 5 years in any case upon the establishment of the adoption relation.
THE CONSEQUENCES OF THE TERMINATION OF THE ADOPTION RELATION
With the termination of the adoption relation;
- The adoptee will be out of the custody of adopter.
- If the adoptee holds the surname of the adopter, it can have its former surname.
- The adoptee cannot be the legal heir of the adopter.
- The absolute marriage restraint will be lifted.
With the termination of the adoption relation, the custody of the adopter will be also terminated. Following this, the custody of the adoptee is not necessarily re-given to the parents of the adoptee. The court may either give the custody to the parents or assign a guardian if it deems it necessary.
The termination of the adoption relationship does not entitle the adopter to claim retroactive expenses such as alimony or the care and education of the adoptee.
AGENCY IN ADOPTION TRANSACTIONS
The Turkish Civil Code establishes an institution entitled “agency in the adoption relation”. This institution aims to eliminate problems and difficulties encountered in the adoption process. This agency’s activity can be only performed by institutions or organizations authorized by the counsel of ministers. Private persons cannot have such a right.
For more detailed information about the Case for Abolition of the Adoptive Relationship, you can contact us on our contact page.