Termination of Adoption Relationship Lawsuit in Turkish Law

Article 317 of the Turkish Civil Code (TMK) and subsequent articles provide the legal framework regulating the termination of adoption relationships in Turkey. The conditions and reasons for terminating an adoption relationship are carefully evaluated by the courts in the Turkish Legal System. This process is conducted in a way that protects the rights of both the adopted and the adopting parties. Questions such as “I want to take back the child I gave up for adoption”, “can inheritance be received from the biological family if the adoption relationship is terminated” or “does an unofficial adoption relationship have legal consequences” will be examined in our article.

Termination of Adoption Relationship

An adoption relationship is a special legal bond established by including a child in a family other than their biological family. This relationship means the termination of the child’s lineage relationship with their biological family and the establishment of a new lineage relationship with the adopting family. The Turkish Civil Code regulates in detail how this relationship will be established, maintained, and terminated in certain situations.

Reasons for Termination of Adoption Relationship Lawsuit

Articles 315 and 317 of the Turkish Civil Code state that an adoption relationship can only be established by a court decision and can only be terminated by a court decision in Turkey. The termination of an adoption relationship can occur for three main reasons: lack of consent or invalid consent, substantive deficiencies, and procedural deficiencies. Each of these reasons can fundamentally shake the adoption relationship, and in this case, the relevant parties can apply to the court to request the termination of this relationship.

Lack of Consent or Invalid Consent

In the adoption process, it is necessary to obtain the consent of certain people. These people are the adopter, the person to be adopted, and the parents or guardians of the person to be adopted. If consent is not obtained or if the obtained consent is invalid, termination of the adoption relationship may be requested. For example, if the consent of a child with the capacity to discern was not obtained during the adoption of the child, or if the obtained consent is invalid due to a defect of will (error, fraud, duress), this situation can be accepted as a sufficient reason for terminating the adoption relationship.

Substantive Deficiencies

Another important issue in establishing an adoption relationship is substantive deficiencies. Substantive deficiencies mean that the conditions required by law during the establishment of the adoption relationship are not fully met. These deficiencies can cause the adoption relationship to be established illegally, and in this case, the relevant persons or the public prosecutor can file a lawsuit for the termination of this relationship.

Lack of Care and Education Relationship

During the adoption process, a care and education relationship should have been established between the adopted and the adopter. This relationship requires that the child has been cared for and educated by the adopter for a certain period before adoption. However, failure to fulfill this condition may lead to the termination of the adoption relationship. For example, in cases where the adopter has not contributed to the care and education of the child, this deficiency constitutes a serious problem.

Contradiction to the Child’s Interests

The adoption process must be in the best interests of the child. If the adoption process harms the child’s physical, mental, or emotional development, this situation is accepted as a sufficient reason for terminating the adoption relationship. For example, situations such as serious harm to the interests of the adopter’s other children or the adopted child’s inability to adapt to the adopter’s family structure are considered as contradictions to the child’s interests.

Age Difference and Marriage Conditions

Article 308 of the Turkish Civil Code states that there should be a certain age difference between the adopter and the adopted. This age difference requires the adopter to be at least 18 years older. Also, for married couples to adopt together, they must have been married for at least five years or both spouses must have reached the age of 30. When these conditions are not met, termination of the adoption relationship may be requested.

Procedural Deficiencies

Proper fulfillment of procedural transactions in establishing an adoption relationship is of great importance. Procedural deficiencies can affect the validity of court decisions and lead to the illegal establishment of an adoption relationship. In this case, relevant parties can request the termination of the adoption relationship.

Court Decisions Not Being Procedurally Correct

Court decisions given for the establishment of an adoption relationship must be procedurally correct. For example, an adoption decision being given by an unauthorized court or necessary evidence not being collected are accepted as procedural deficiencies. Such deficiencies constitute a sufficient reason for terminating the adoption relationship.

Recording of Consent Statements

In the adoption process, consent statements must be taken in accordance with a certain procedure and recorded in the minutes. If consent statements are not taken in the presence of the court or not recorded in the minutes, this situation is considered a procedural violation and may lead to the termination of the adoption relationship.

Persons Who Can Request Termination of Adoption Relationship

Persons who can request the termination of an adoption relationship are those whose consent was required when the adoption decision was made but whose consent was lacking. These people include the adopter, the adopted, other children of the adopter, biological parents of the adopted, and their guardians. Additionally, the public prosecutor can be a party in such cases to protect the public interest.

Status of the Adopter and the Adopted

The adopter can request the termination of the adoption relationship for certain reasons. For example, if a situation arises that requires the adopted to be disinherited or if the adoption relationship causes serious problems within the family, the adopter can request the termination of this relationship. Similarly, the adopted can request the termination of the adoption relationship in situations where they think they cannot continue this relationship.

Court Process in Adoption Relationship Termination Lawsuit

During the process of an adoption relationship termination lawsuit, the court evaluates the claims of the persons requesting the termination of the adoption relationship and investigates the legal basis of these claims. The court also aims to protect the interests of the child and therefore carefully examines all kinds of evidence.

Application to Court and Examination Process

When the court receives a request for the termination of an adoption relationship, it first examines the legal reasons on which this request is based. Documents supporting the applicant’s claims, witness statements, and other evidence are carefully evaluated by the court. Also, during the court process, the interests of the child are prioritized, and the effects of terminating this relationship on the child’s development, psychological state, and future life are taken into consideration.

Collection and Evaluation of Evidence

In the lawsuit for termination of adoption relationship, all kinds of evidence supporting the claims put forward by the parties are examined by the court. This evidence may include written documents, witness statements, psychologist reports, and examinations made about the child’s current situation. The court carefully evaluates procedural errors made during adoption, problems related to obtaining consent, and situations contrary to the child’s interests. Especially, consulting expert opinions about the child’s psychological state and examining reports of social service experts when necessary is important.

Court Decision

After collecting evidence and hearing the statements of relevant parties regarding the termination of the adoption relationship, the court makes its decision. The most important criterion in making the decision is the best interest of the child. If the court concludes that the adoption relationship seriously harms the child’s interests, it may decide to terminate this relationship. However, when making this decision, factors such as what kind of environment the child will be in after their subsequent life, relationships with the biological family, and general quality of life are taken into account.

Finalization of the Decision and Implementation Process

The decision to terminate the adoption relationship given by the court becomes final if the parties do not exercise their right of appeal. After the decision becomes final, the adoption relationship officially ends, and this situation is recorded in population records. During the implementation of the decision, all legal ties between the adopted and the adopter are terminated, and the child’s relationships with their biological family are re-established.

Legal and Social Consequences of Termination of Adoption Relationship

The termination of an adoption relationship has important consequences both legally and socially. Legally, the termination of the adoption relationship means the end of the child’s lineage relationship with the adopter. This situation creates significant changes in issues such as the child’s inheritance rights, alimony obligations, and surname.

Inheritance and Alimony Rights

The termination of the adoption relationship eliminates the child’s right to be the heir of the adopter. Similarly, the adopter’s right to be the heir of the child also ends. In addition, the termination of the adoption relationship also eliminates the child’s alimony obligation to the adopter. This situation may lead to the re-emergence of the biological parents’ alimony obligation with the child’s return to the biological family.

Surname and Population Registry Changes

With the termination of the adoption relationship, the child’s surname is also changed, and the surname of the biological family is put back into use. Also, with the changes made in population records, the child’s relationship with their biological family is re-established. This situation creates significant changes in the child’s identity information and legal status.

Child’s Psychological and Social Status

The termination of the adoption relationship can also have profound effects on the child’s psychological and social status. The end of relationships with people the child has bonded with during the adoption relationship process can negatively affect the child’s emotional and psychological health. Therefore, during the court process, the child’s psychological state is carefully evaluated, and necessary psychological support should be provided to the child after the decision is made.

Re-establishment of Relationships with Biological Family

With the termination of the adoption relationship, the child’s relationships with their biological family are re-established. This process involves the child re-bonding with their biological family and starting to live with this family. However, this situation can create difficulties in terms of the child’s adaptation process. Therefore, the support of social service experts and psychologists is of great importance in the process of the child’s return to their biological family.

Frequently Asked Questions About Termination of Adoption Relationship

What is Article 317 of TMK?

Article 317 of the Turkish Civil Code regulates the necessity of consent in establishing an adoption relationship. According to this article, to establish an adoption relationship, it is mandatory to obtain the consent of the person to be adopted. If the person is a minor, there are other people whose consent must be obtained (for example, the child’s mother and father).

How is Adoption Canceled?

The adoption process can be canceled by a court decision. Cancellation is possible in cases where the necessary conditions for adoption were not met or consent was not obtained. Relevant parties can bring this situation to court and request the cancellation of the adoption.

What Should Be Done to Leave Adoption?

Leaving adoption means terminating the adoption relationship by court decision. To start this process, an application should be made to the family court based on one of the reasons for terminating the adoption relationship. The court evaluates the request to leave adoption after making the necessary examinations.

When is an Adoption Relationship Considered Established?

An adoption relationship is officially established with the court’s adoption decision. After this decision is made, the adopted person is included in the legal lineage of the adopter, and all legal consequences become valid as of this date.

Can Adoption Be Revoked?

Adoption can be revoked by court decision under certain conditions. This situation is valid when there are serious procedural errors or deficiencies in the adoption process. When adoption is revoked, all legal consequences of the adoption relationship are canceled.

Does the Biological Mother of the Adopted Child Appear in the Population Registry?

The biological mother of the adopted child is removed from the population records with the establishment of the adoption relationship, and the child is transferred to the adopter’s registry. However, in case of termination of the adoption relationship, the child’s relationship with their biological family can be reflected in the population records again.

Does the Surname of the Adopted Child Change?

If the adopted child is a minor, they take the surname of the adopter. If the adopted is an adult, they can take the surname of the adopter during adoption if they wish. In this case, the surname change occurs depending on the child’s age and preference.

What Happens If the Adopting Family Divorces?

The divorce of the adopting family does not lead to the termination of the adoption relationship. However, the court decides on the custody of the child and makes an arrangement in line with the child’s interests.

Which Court is the Adoption Rejection Lawsuit Filed In?

The adoption rejection lawsuit is filed in the family court. The family court can decide to terminate the adoption relationship by examining the case.

What is Unofficial Adoption?

Unofficial adoption is an adoption relationship that is not legally recognized and has not gone through the official adoption process. In this case, no legal bond is established between the child and the adopter, and the child cannot take the adopter’s surname or other legal rights. Unofficial adoption usually occurs within the family or close circle and does not have legal consequences.

Can the Adopted Person Inherit from Their Biological Family?

The adopted person becomes the legal heir of the adopter, and their right to inherit from their biological family usually ends. However, in case of termination of the adoption relationship, an inheritance relationship with their biological family can be re-established.

Is it Possible to Take Back a Child Given for Adoption?

It is legally possible for the biological family to take back a child given for adoption, but certain conditions must be met. To terminate the adoption relationship, legal reasons such as deficiencies in the adoption process or lack of consent should be put forward by applying to the court. The court decides by considering the interests of the child and can make arrangements regarding the custody of the child in this process. The guidance of an expert lawyer is important in this process.

 
For more help or consultation on this matter, you can contact us.