What is a DNA Test in Turkish Law for Paternity Cases?

What is a DNA Test?

A DNA test provides crucial data for legal purposes to establish the relationship between a parent and a child, and in judicial situations, to determine to which previously sampled individual a biological material belongs.

How is a DNA Test Conducted?

DNA tests are typically conducted by analyzing biological samples such as blood, saliva, or hair from the child and the potential father in a laboratory environment.

What is the Legal Basis for DNA Testing in Turkish Law?

The legal basis for DNA testing is regulated by the Turkish Civil Code and related regulations. According to Article 284 of the Turkish Civil Code, if there is a presumption of paternity, a person who wants to disprove this presumption can request a DNA test to prove that they are not the biological father of the child.

Paternity Cases and DNA Testing in Turkish Law

A paternity case is filed when a child born out of wedlock is not recognized by the biological father, to establish the lineage between the child and the father through a court decision. This case can be filed by the mother or the child against the father or, if the father is deceased, against his heirs.
If the child is born within the marriage, the husband is presumed to be the father. The presumption of paternity covers those who had sexual intercourse with the mother between 300 and 180 days before the child’s birth. DNA testing is crucial for parties to prove their claims in case of doubts.

Can a Court Order a DNA Test?

A court can order a DNA test. However, for a court to order a DNA test, determining the lineage must be a preliminary issue in resolving a dispute, such as in paternity cases, denial of paternity cases, or inheritance cases.
For instance, in a paternity case, the family court needs to determine the biological connection between the child and the father to make a ruling, thus necessitating a DNA test.

Who Can Request a DNA Test in Turkish Law?

In a court case, either party can request a DNA test from the judge, or the judge can order it on their initiative.
Since public order-related cases are subject to the principle of ex officio investigation, these cases are not subject to the parties’ discretion. Examples of such cases include paternity cases, denial of paternity cases, civil registry correction cases, and cases of absolute nullity of marriage. In such cases, the judge is not bound by the material brought by the parties and can gather evidence on their own initiative, including ordering a DNA test.
For example, in a paternity case, a DNA test may be requested by the child, mother, or father involved in the case, or by the judge.

Can a DNA Test Be Forced in Turkish Law?

Even with a court order, a person may refuse to undergo a DNA test. In such cases, according to the Civil Procedure Law and the established practices of the Court of Cassation, if there is no justified reason, the judge may decide that the DNA test be carried out by force. According to Article 292 of the Civil Procedure Law, “Everyone is obliged to undergo blood or tissue sampling for the determination of lineage, provided that it is necessary for the resolution of the dispute, scientifically appropriate, and does not pose a health risk. If this obligation is not complied with without a justified reason, the judge shall order the examination to be carried out by force.”
Additionally, for a child under 18, a DNA test requires the consent of both parents. If the parents refuse, the judge may still order the test to be conducted by force.
Without a court order, a DNA test cannot be performed by force. The individuals to be analyzed must consent to the test.

Sample Supreme Court Decision

“(…) In paternity determination cases, the Code of Civil Procedure is applied, without prejudice to the conditions specified in Article 284 of the Turkish Civil Code. According to Article 292/1 of the Code of Civil Procedure, everyone is obliged to submit to blood or tissue sampling from their body for the purpose of determining lineage, provided that it is necessary for the resolution of the dispute, compliant with scientific data, and does not pose a health risk. If this obligation is not complied with without a justified reason, the judge will decide to have the examination carried out by force. Therefore, the court should have ordered a DNA test regarding the paternity claim within the framework of the aforementioned provision, and should have made a decision based on the results, taking into account the report to be obtained. Instead, the case was dismissed with insufficient investigation and examination (…)”
EIGHTH CIVIL CHAMBER, Case Number: 2017/11626 , Decision Number: 2019/4901, Date: 13.05.2019

Can a DNA Test Be Conducted Without a Court Order in Turkish Law?

A DNA test can be conducted without a court order in Turkish law, but only in private laboratories. State or private hospitals do not offer this service.
For a DNA test without a court order, the individuals to be analyzed must provide their identity information and consent to the test. If the individual to be analyzed is under 18, written consent from the parent or guardian is required.

Where is a DNA Test Conducted in Turkey?

If a court orders a DNA test, it is conducted by the Forensic Medicine Institute. Tests conducted outside of the Forensic Medicine Institute are not legally valid in court. DNA tests are also performed in molecular genetic laboratories licensed by the Ministry of Health.
Without a court order, DNA tests can only be conducted in private laboratories, not in state or private hospitals.

Is the Judge Bound by the DNA Test Results?

A DNA test is considered an expert report for the judge. While the judge is not bound by the expert report, the judge should make decisions based on logic, science, and law, taking the expert report into account.
Although the judge is not bound by expert reports, the results of DNA tests, which are scientifically highly accurate, should be considered when making a ruling.

What Methods are Used for DNA Testing?

Modern DNA tests are conducted using methods such as microsatellite analysis and STR (Short Tandem Repeat) analysis. These methods provide detailed analysis of individuals’ genetic profiles and establish biological relationships.
Laboratories that conduct DNA tests in Turkey typically operate according to international standards and prove their reliability through various accreditations. Courts place great importance on results from these laboratories and usually base their decisions on DNA test results without needing additional evidence.

DNA Test Results in Turkish Law

Based on DNA test results, the court determines the child’s biological father and makes decisions regarding alimony, custody, visitation, inheritance rights, etc. The person identified as the biological father is obligated to pay for the child’s care and education. Additionally, the determined paternity may require the correction of the child’s lineage records, where the biological father’s name is entered on the child’s identity documents, and the child becomes the biological father’s heir.

 

A Sample Supreme Court Decision:

” (…) It has been found inappropriate to dismiss the case due to insufficient examination and research, without considering the following: whether the DNA report obtained from Germany presented by the plaintiffs is official, if not, having a DNA examination conducted through commission and reaching a decision based on the result; awaiting the outcome of the maternity determination case; and, in the event that the mother is determined to be Vahide and the defendant Yaşar’s paternity is also determined as a result of the DNA examination, considering the case within the scope of Articles 292 and following of the Turkish Civil Code, given that they were married on 27.09.2012. Therefore, the ruling made in writing without taking into account the aforementioned principles is incorrect, and since the appeals are justified for these reasons, it has been decided to REVERSE the ruling pursuant to Article 428 of the Code of Civil Procedure.(…)”
EIGHTEENTH CIVIL CHAMBER, Case No: 2014/3260 Decision No: 2014/9423 Date: 29.05.2014

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