Case for Abolition of Adoptive Relationship
What is the Case for Abolition of the Adoptive Relationship? Adoption is based on the phenomenon of adoption that occurs between the parties, not from the spontaneous, that is, blood ties established between the adopter and the adopted parties. Adoption is called artificial lineage. Our Civil Code has examined the reasons that abolish the adoption relationship under two headings. These are stated as “lack of consent” and “other deficiencies”.
Lack of Consent
If the adopted minor has the power to distinguish, his consent for adoption must be obtained. At the same time, it is stipulated that the consent of the parents of the adopted child must be obtained. In terms of the adopter, it is necessary to have a marriage period of 5 years and to allow the spouse to establish an adoptive relationship. In addition, the consent of the adopted is sought even if it is over 18 years old and limited.
The adoption relationship may be terminated if the above-mentioned persons do not consent to the adoption of any of the persons whose consent is sought.
For example, the adoption relationship;
- Single adopter under 30 years of age
- No age difference of 18 years between the adopter and the adopted
- The adopted minor has not been cared for by the adoptive adult for 1 year
If there are other fundamental deficiencies, such as, the Public Prosecutor or the relevant persons may request the abolition of the adoption relationship.
If the above-mentioned deficiencies are eliminated later, or if this defect exists only in form and will severely harm the interests of the adoption, it is not possible to abolish the adoption.
LIMITATION PERIOD AT THE TERMINATION OF ADOPTION RELATIONSHIP
The right to sue for the abolition and termination of this relationship is lost within a period of 1 year from learning the reason for the termination of the relationship, and in any case 5 years after the adoption process.
CONSEQUENCES OF ELIMINATION
With the end of the adoption relationship;
Adoption comes out of the custody of the adopter.
If she took the adopter’s surname, she gains her old surname.
It loses its title of being the legal heir of the adopter.
The absolute prohibition of marrying with the adopter is lifted.
With the disappearance of adoption, custody ends. As a result, custody does not return to his former parents. The court may also consider custody of the former parents appropriate, but may appoint a new guardian if it deems 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 adopted person.
INTERMEDIATION IN ADOPTION PROCESSES
In the Civil Code, there is an institution called “intermediation in adoption relations”. This institution is an institution aimed at eliminating the difficulties and difficulties encountered in the adoption of minors. Only institutions and organizations authorized by the Council of Ministers can carry out these intermediary activities. Private individuals do not have such a right.
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