Paternity Lawsuits in Turkey: Legal Guide and Procedures
In Turkey, a paternity lawsuit (babalık davası) is a legal process through which an out-of-wedlock child’s biological paternity is established by court order when the father does not acknowledge his paternity. These lawsuits play a critical role in Turkish family law, as they ensure that children born outside of marriage can establish legal ties with their biological fathers, securing important rights and protections.
The primary purpose of paternity lawsuits is to establish a legal parent-child relationship that grants the child access to various legal rights, including inheritance, maintenance, and social security benefits. Without this legal connection, children may be denied essential rights and protections that come with having a legally recognized father.
Under Turkish law, paternity cases are considered status-determining lawsuits that create new legal relationships. When a court rules in favor of establishing paternity, the decision has retroactive effect to the time of birth, ensuring the child’s rights are protected from the beginning of their life.
Legal Basis for Paternity Lawsuits
The primary legal foundation for paternity actions in Turkey is Article 301 of the Turkish Civil Code (Türk Medeni Kanunu – TMK), which states:
- The mother and child may request the court to establish the paternal relationship between the child and the father.
- The lawsuit shall be filed against the father or, if the father is deceased, against his heirs.
- The paternity lawsuit shall be notified to the Public Prosecutor and the Treasury; if the lawsuit is filed by the mother, to the legal guardian; if filed by the legal guardian, to the mother.
This provision reflects the Turkish legal system’s commitment to protecting the rights of children born outside of marriage. The law aims to prevent injustices that might arise from a father’s unwillingness to recognize his child by providing a judicial pathway to establish paternity.
The current framework evolved from earlier versions of the Turkish Civil Code, with significant reforms enhancing the rights of children born outside of marriage and aligning Turkish law with international standards for children’s rights.
Who Can File a Paternity Lawsuit?
Under Turkish law, the right to initiate a paternity lawsuit is granted to specific individuals with direct interest in establishing the child’s paternity.
| Mother’s Filing Rights | Child’s Filing Rights |
|---|---|
| Must file within one year of child’s birth | No time limitation (Constitutional Court decision) |
| Time limit starts after existing paternity is invalidated | Can be represented by legal guardian if minor |
| Can claim personal expenses related to birth | Can claim child support and other rights |
| Right is personal and exclusive | Right is independent of mother’s actions |
| Can file for justifiable delay within one month | Filing right continues throughout childhood |
Mother’s Right to File
The child’s mother has an independent right to file a paternity lawsuit. She may pursue this action to establish the legal parent-child relationship between her child and the biological father. This right is personal and exclusive to the mother, meaning no one can force her to file such a lawsuit if she chooses not to do so.
The mother must file the lawsuit within one year from the child’s birth. However, if there is a pre-existing paternal relationship with another man that needs to be invalidated first, the one-year period begins from the date when that relationship is terminated. If there are justifiable reasons for delay, the mother may file within one month after such reasons cease to exist.
Child’s Right to File
The child also has an independent right to file a paternity lawsuit. Following a landmark decision by the Turkish Constitutional Court in 2011, the child’s right to file a paternity lawsuit is no longer subject to any time limitation. The previous restrictions in Article 303/2 of the Civil Code were declared unconstitutional, recognizing the fundamental nature of a child’s right to know their biological origins.
If the child is a minor, the lawsuit may be filed by a court-appointed legal guardian (kayyım). The guardian’s right to file continues throughout their appointment period.
The rights of the mother and child to file paternity lawsuits are independent of each other. This means that the mother’s decision not to file a lawsuit, or even her withdrawal from a lawsuit, does not affect the child’s right to pursue paternity determination.
Requirements for Filing a Paternity Lawsuit
Several key requirements must be met before a paternity lawsuit can proceed in the Turkish legal system.
Identification of the Mother
The first essential requirement is that the child’s mother must be known. Turkish courts consistently maintain that paternity lawsuits cannot be filed for children whose mothers are unknown. This requirement stems from the logical connection between establishing maternity as a prerequisite for determining paternity.
No Existing Paternal Relationship
A paternity lawsuit cannot be filed if the child already has a legally established paternal relationship with another man. In such cases, that existing relationship must first be invalidated through a paternity denial lawsuit (soybağının reddi davası) before a new paternity claim can be pursued.
For example, if a married woman gives birth to a child conceived with a man other than her husband, the child is legally presumed to be her husband’s child. Before filing a paternity lawsuit against the biological father, the existing legal paternity must be challenged and terminated.
Notification Requirements
Turkish law mandates specific notification obligations when filing a paternity lawsuit. According to Article 301/3 of the Turkish Civil Code, the paternity lawsuit must be notified to:
- The Public Prosecutor (Cumhuriyet Savcısı)
- The Treasury (Hazine)
- If filed by the mother, to the child’s legal guardian (kayyım)
- If filed by the legal guardian, to the mother
These notifications are essential procedural requirements, though the notified parties do not become litigants in the case. Failure to fulfill these notification requirements may result in procedural defects that could affect the validity of the proceedings.
Legal Procedures in Paternity Cases
The paternity lawsuit process follows specific procedural rules outlined in the Turkish Civil Code and Civil Procedure Law.
Filing Process
To initiate a paternity lawsuit, the plaintiff must submit a written petition to the competent court. This petition should include:
- Personal information of the parties (mother, child, and alleged father)
- Statement of facts supporting the paternity claim
- Legal grounds for the claim
- Evidence to be presented
- Specific requests (establishment of paternity, child support, etc.)
If the child is a minor and not represented by the mother, a legal guardian (kayyım) must be appointed by the Civil Court of Peace (Sulh Hukuk Mahkemesi) to represent the child’s interests in the proceedings. The guardianship appointment is particularly important when the mother’s interests might conflict with those of the child.
The lawsuit is subject to a fixed court fee (maktu harç) rather than a proportional fee, making it more accessible regardless of the financial claims involved.
Notification Process
Once the lawsuit is filed, the court must ensure proper notification to all relevant parties. As mentioned earlier, the law requires notification to the Public Prosecutor, Treasury, and either the legal guardian or mother, depending on who filed the lawsuit.
The defendant (alleged father or his heirs) must be formally served with the lawsuit documents in accordance with the notification procedures outlined in the Notification Law. Proper service is essential to ensure the defendant’s right to defense and the overall validity of the proceedings.
Evidence in Paternity Cases
Establishing paternity through legal proceedings requires compelling evidence. Turkish law provides various means of proof in paternity cases.
| Traditional Evidence Methods | Modern Scientific Methods |
|---|---|
| Witness testimonies about the relationship | DNA testing (99.9% accuracy) |
| Letters and messages between parties | Blood group analysis |
| Photos and records of being together | Anthropobiometry (body measurements) |
| Payment receipts for pregnancy expenses | Similarity assessment (facial features) |
| Witness accounts of acknowledgment | Medical examination of pregnancy timeline |
Paternity Presumption
The Turkish Civil Code establishes a rebuttable presumption of paternity to facilitate the burden of proof in these cases. According to this presumption, if the mother had sexual intercourse with the alleged father during the period between 300 and 180 days before the child’s birth, he is presumed to be the father.
To benefit from this presumption, the plaintiff must prove the existence of sexual intercourse during the relevant period. This can be established through various forms of evidence, including:
- Witness testimonies
- Correspondence between the parties
- Records of frequent visits
- The alleged father’s payment of birth expenses
- Other circumstantial evidence suggesting an intimate relationship
It’s important to note that the presumption applies regardless of whether contraception was used or the intercourse was incomplete, as long as sexual contact occurred during the critical period.
The defendant can rebut this presumption by:
- Proving that having a child from that relationship is biologically impossible
- Proving that no sexual relationship existed
- Demonstrating that another man is more likely to be the child’s father
Scientific Evidence
Modern scientific methods have revolutionized paternity determination. The most reliable and widely used scientific evidence in Turkish paternity cases is DNA testing.
DNA testing offers a probability of paternity exceeding 99.9% when positive, making it the gold standard for paternity determination. The test compares genetic markers between the alleged father and child to establish biological relatedness.
Turkish courts have the authority to order DNA testing as part of their ex officio investigation powers. Under Article 284 of the Turkish Civil Code, everyone is obligated to submit to blood or tissue sampling for paternity determination, provided that:
- It is necessary for resolving the dispute
- It is scientifically sound
- It does not pose a health risk
If the defendant refuses to comply with a court-ordered DNA test without valid justification, the court may interpret this refusal against them, potentially considering it as tacit admission of paternity.
Other medical examination methods used in paternity cases include:
- Blood group analysis
- Anthropobiometry (evaluation of body measurements)
- Similarity assessment (facial and body similarities)
- Pregnancy duration and child development assessment
The Court’s Role in Paternity Cases
Paternity cases in Turkey follow specific procedural principles that emphasize the court’s active role in establishing the truth.
The court applies the ex officio investigation principle (re’sen araştırma ilkesi), which means the judge has the authority and duty to investigate material facts independently, beyond what the parties present. This principle is particularly important in status-determining cases like paternity lawsuits, where public interest is at stake.
Judges have broad discretion in evaluating evidence in paternity cases. While scientific evidence like DNA testing carries significant weight, the court must consider all available evidence holistically. The judge’s evaluation is not strictly bound by the results of any single piece of evidence, including DNA tests, although in practice, courts rarely rule against clear DNA evidence.
The burden of proof in paternity cases initially falls on the plaintiff (the mother or child) to establish facts supporting the paternity claim. However, once the plaintiff establishes a presumption of paternity by proving sexual intercourse during the relevant period, the burden shifts to the defendant to rebut this presumption.
Consequences of Paternity Determination
When a court rules that the defendant is the biological father of the child, this decision has significant legal implications.
| Legal Effects for the Child | Financial Consequences for the Father |
|---|---|
| Establishment of filiation with retroactive effect | Child support payments until adulthood |
| Inheritance rights from father | Birth expenses reimbursement |
| Right to use father’s surname | Pre and post-birth care costs (6 weeks each) |
| Social security benefits through father | Pregnancy-related expenses |
| Nationality rights if applicable | Educational expenses contribution |
Legal Effects for the Child
The most fundamental consequence is the establishment of legal filiation between the father and child. This creates a complete legal parent-child relationship with all associated rights and obligations.
The court decision has retroactive effect to the child’s birth, meaning the legal relationship is considered to have existed from that moment. This enables the child to:
- Inherit from the father
- Use the father’s surname if desired
- Benefit from social security through the father
- Claim nationality rights if applicable
In cases where the father has died before the conclusion of the paternity case, the established paternity allows the child to claim inheritance rights from the father’s estate.
Financial Consequences
A successful paternity determination often includes financial obligations for the father:
- Child support (iştirak nafakası): The father must contribute to the child’s maintenance and education expenses proportionate to his financial capacity. This obligation continues until the child reaches adulthood or completes higher education.
- The mother can claim specific expenses under Article 304 of the Turkish Civil Code:
- Birth expenses
- Living expenses for six weeks before and after the birth
- Other expenses related to pregnancy and childbirth
If the child was stillborn, the court may still order the father to cover these maternal expenses.
When the paternity lawsuit is filed against the father’s heirs (in case of his death), child support claims cannot be combined with the paternity determination. However, assistance allowance claims under Articles 364-365 of the Turkish Civil Code may be pursued.
Jurisdiction and Venue
In Turkey, Family Courts (Aile Mahkemesi) have jurisdiction over paternity cases. In locations where Family Courts have not been established, designated Civil Courts of First Instance (Asliye Hukuk Mahkemesi) handle these cases with the capacity of a Family Court.
According to Article 283 of the Turkish Civil Code, paternity cases may be filed in the court of:
- The residence of either party at the time of filing
- The residence of either party at the time of the child’s birth
For cases involving foreign elements, jurisdiction is determined according to Article 41 of the International Private Law and Procedural Law (Law No. 5718).
Supreme Court Jurisprudence on Paternity Cases
Several landmark decisions by the Turkish Supreme Court (Yargıtay) have shaped the application of paternity laws:
The Supreme Court has consistently upheld that no time limitation applies to paternity lawsuits filed by children following the Constitutional Court’s decision invalidating the time restrictions in Article 303/2 of the Civil Code.
In cases where DNA evidence conclusively establishes biological paternity, the Supreme Court generally supports affirming paternity, even when other circumstantial evidence might suggest otherwise, recognizing the high scientific reliability of DNA testing.
Supreme Court decisions have emphasized the importance of proper notification to all required parties, including the Public Prosecutor and Treasury, considering this a mandatory procedural requirement.
The Court has also clarified that when filing both a paternity lawsuit and a paternity denial lawsuit (to terminate an existing legal paternity), the paternity denial case must be resolved first before proceeding with the new paternity determination.
Conclusion
Paternity lawsuits in Turkey serve as a crucial legal mechanism to establish parent-child relationships when the biological father does not voluntarily recognize his child. The Turkish legal system has evolved to provide strong protections for children born outside of marriage, ensuring their right to know their biological origins and to benefit from the legal, emotional, and financial support of both parents.
The removal of time limitations for children filing paternity lawsuits represents a significant advancement in the protection of children’s rights. Additionally, the increasing reliance on scientific evidence, particularly DNA testing, has greatly enhanced the accuracy and fairness of paternity determinations.
Soylu Law and Paternity Lawsuits in Turkey
Soylu Law offers specialized expertise in family law matters, including paternity cases, for both Turkish and international clients in Istanbul.
Our team provides comprehensive legal assistance throughout the paternity determination process, from filing the initial petition to representing clients during scientific testing procedures and court hearings.
We have extensive experience handling international cases and managing cross-border document processing for clients worldwide.
Our attorneys are committed to protecting children’s rights while navigating Turkey’s complex legal framework with professionalism and cultural sensitivity.
For more assistance or consultation on this matter, you can contact us.
Paternity Lawsuits in Turkey
