What Is Adoption?

Adoption is a legal institution regulated under Articles 305 to 320 of the Turkish Civil Code (TMK) No. 4721, which enables a person to establish a filiation bond with another person's child. The adoption process is carried out by court decision, and the adopted person acquires the status of the legal child of the adopter.

The institution of adoption is structured to prioritize the best interests of the child, aiming both to meet the child's care and education needs and to provide a family environment for children without families. In Turkish law, adoption is regulated in two main categories: adoption of minors and adoption of adults.

Adoption is a judicial act and can only be realized by court decision. An adoption relationship cannot be established through administrative procedures or by agreement of the parties. This reflects the seriousness of the adoption institution and the importance given to the protection of the child.

Adoption of Minors

Adoption of minors (persons under 18 years of age) is regulated under TMK Art. 305-312 and is contingent upon being in accordance with the best interests of the child.

Fundamental Conditions (TMK Art. 305)

The fundamental conditions required for the adoption of minors are as follows:

• Best interests of the child: Adoption may only take place if it is in the interest of the child. It must be established that the child's physical, mental, and social development will be better ensured in the adoptive family environment.
• Care and education: The adopter must have undertaken the care and education of the child or must have taken the child in for the purpose of adoption.
• Trial period: The child must have been cared for and educated by the adopter for at least one year. This trial period is of great importance in evaluating whether the adoption is in the child's interest.
• No harm to other children: The adoption must not inequitably harm the interests of the adopter's other children, if any.

Age Requirement

Pursuant to TMK Art. 306, the adopter must be at least thirty years old, and there must be at least an eighteen-year age difference between the adopter and the adopted person. This age limit aims to enable the establishment of a natural parent-child relationship between the adopter and the child.

Adoption by Married Couples

Pursuant to TMK Art. 306, the following conditions are required for spouses to adopt jointly:

• They must have been married for at least five years, or
• Both must have reached the age of thirty
• Joint adoption by spouses is the principle; one spouse cannot adopt alone (with exceptions)

The purpose of this regulation is to provide a stable and permanent family environment for the child to be adopted. The requirement that the marriage has exceeded a certain duration means that the compatibility between the couple has been tested.

Individual Adoption

Pursuant to TMK Art. 307, unmarried persons may also adopt individually. It is sufficient for the unmarried person to have reached the age of thirty and to meet the other conditions. A married spouse may adopt individually only in cases where the other spouse permanently lacks the capacity of discernment, has been missing for more than two years, or a separation decision has been in effect for more than two years.

Stepchild Adoption

Pursuant to TMK Art. 306/3, one spouse may adopt the other spouse's child. In this case, the age requirement of thirty applies, and it is sufficient that the marriage has continued for at least two years [TO BE VERIFIED]. Stepchild adoption is particularly important in terms of strengthening the legal status of the stepchild in remarried families.

Consent Requirement (TMK Art. 309-311)

For the adoption process to take place, the following consents must be obtained:

• Consent of mother and father: The consent of the minor's mother and father to the adoption is required. Consent may be given at the earliest six weeks after the child's birth. Consent given may be withdrawn within six weeks after being recorded in the minutes.
• Consent of the child: The consent of the child with the capacity of discernment is also required.
• Permission of guardianship authority: The permission of the guardianship authority is required for the adoption of a minor under guardianship.

Cases Where Consent Is Not Required

Pursuant to TMK Art. 311, the consent of the mother and father is not required in the following cases:

• If the identity or whereabouts of the mother or father has been unknown for an extended period
• If the mother or father permanently lacks the capacity of discernment
• If the mother or father has not sufficiently fulfilled their duty of care toward the child

The determination of cases where consent is not required is made by the court. These cases are enumerated exhaustively and cannot be subject to expansive interpretation.

Adoption of Adults

Adoption of adult (18 years and older) persons is regulated under TMK Art. 313-314. The adoption of adults is subject to more limited conditions compared to the adoption of minors.

Conditions (TMK Art. 313)

For the adoption of an adult person, one of the following conditions must be met:

• Physical or mental disability: The person to be adopted must be permanently in need of care due to physical or mental disability, and the adopter must have been providing this care for at least five years
• Care during childhood: The person to be adopted must have been cared for and educated by the adopter for at least five years during their childhood
• Other just causes: The existence of just causes such as the adopter having shared family life with the person to be adopted for at least five years

In the adoption of adults, obtaining the explicit consent of the adopter's descendants is mandatory (TMK Art. 313/3). This provision is important in terms of protecting inheritance rights.

Limitations of Adult Adoption

In adult adoption, the adoption relationship, as a rule, has effect only between the adopter and the adopted person. As a rule, no kinship relationship arises with the adopter's relatives. This constitutes a significant difference from the adoption of minors.

Adoption Application Process

The adoption process consists of administrative and judicial stages:

1. Administrative Application (Application to the Ministry of Family and Social Services)

Persons wishing to adopt first apply to the Ministry of Family and Social Services (formerly the Social Services and Child Protection Agency - SHCEK). Applications are made to provincial or district directorates. The documents required for the application are:

• Application form
• Copies of identity cards
• Certificate of residence
• Medical report (comprehensive report showing physical and mental health status)
• Criminal record (judicial record certificate)
• Income certificate or financial status declaration
• Copy of marriage certificate for married couples
• Passport-size photographs of applicants

2. Social Investigation

Following the acceptance of the application, a comprehensive social investigation is conducted by social workers assigned by the Ministry of Family and Social Services. This investigation covers:

• Home visit and physical assessment of the living environment
• Assessment of the family environment and dynamics
• Psychological evaluation (psychologist or psychiatrist opinion when necessary)
• Examination of economic status
• Assessment of motivation and expectations
• Examination of environmental factors

The social investigation report is one of the most important documents in the adoption process and is also taken into consideration by the court. If the report is negative, the application may be rejected.

3. Pre-Adoption Education

Applicants are provided with education on the adoption process and child care. This education is conducted within the scope of a pre-adoption preparation program and includes information about the child's needs, developmental stages, adaptation process, and potential challenges.

4. Matching and Placement of the Child

Families found suitable as a result of the social investigation are matched with a child appropriate to their circumstances. In matching, the child's age, gender, health status, and special needs, as well as the family's preferences and suitability, are taken into account. Following the matching, the child is temporarily placed with the family and the trial period begins.

5. Trial Period

The trial period is at least one year (TMK Art. 305/2), and regular monitoring is conducted by social workers during this period. During monitoring visits, the child's adaptation, the quality of the family's care, and the child's physical, mental, and social development are evaluated. If serious problems are detected during the trial period, the child's removal may come into question.

6. Court Stage

Following the successful completion of the trial period, an application is made to the family court for adoption. The documents that must be submitted to the court are:

• Complaint petition
• Social investigation report
• Consent of the mother and father or documents regarding cases where consent is not required
• Documents and monitoring reports showing that the trial period has been completed
• Documents showing that the adopter meets the conditions (age, marital status, criminal record, etc.)
• Population record of the child

If the court determines that all conditions are met and that the adoption is in the best interests of the child, it renders an adoption decision. The decision is registered in the population register, and the adopted child acquires the status of the legal child of the adopter.

Legal Consequences of Adoption

Upon the finalization of the adoption decision, the following legal consequences arise:

Termination of Relationship with Biological Family

Upon the adoption decision, the filiation between the adopted child and the biological mother and father ends, and these persons' custody rights are eliminated. The child is then recognized as the legal child of the adoptive family.

Confidentiality of Special Records

Pursuant to TMK Art. 314/4, the adoption record cannot be disclosed without the consent of both the adopted person and the adopter. This provision aims to protect the personal information of the adopted person. The adopted person may exercise the right to information upon reaching adulthood.

International Adoption

International adoption refers to adoption processes that take place between citizens of different states or between persons settled in different states.

Hague Convention

Turkey is a party to the 1993 "Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption." This convention aims to protect the best interests of the child and prevent child abduction in international adoption processes.

Under the Hague Convention, the following principles are applied in international adoption processes:

• Subsidiarity principle: The priority is to place the child with a family in the country of origin; international adoption takes place only when a suitable family cannot be found in the country of origin.
• Central authority cooperation: Cooperation is maintained between the central authorities designated by each party state. In Turkey, the central authority is the Ministry of Family and Social Services.
• Consent of the child: When the child's age and maturity permit, their consent is required.
• Consent of mother and father: The freely given consent of the biological mother and father is required; consent must not have been obtained through any promise of financial consideration.

Adoption of a Foreign National Child in Turkey

The adoption of a foreign national child in Turkey will be subject to the law determined according to the provisions of MOHUK (Act No. 5718). The national law of the adopter and the national law of the child are taken into account together in the process [TO BE VERIFIED].

Adoption of a Turkish Child Abroad

For the adoption of a Turkish citizen child abroad, the permission of the central authority in Turkey (Ministry of Family and Social Services) is required. This process is carried out in accordance with the procedure determined under the Hague Convention. Turkish legislation prioritizes the protection of the child in international adoption.

Annulment of Adoption

The adoption relationship may be annulled by court decision in certain circumstances:

Lack of Consent (TMK Art. 317)

If one of the required consents was not obtained in the adoption process, the person whose consent should have been obtained may request the annulment of the adoption. However, if the adoption is in accordance with the best interests of the child and other conditions are also met, the lack of consent alone may not constitute a ground for annulment.

Other Deficiencies (TMK Art. 318)

If any of the legal conditions has not been fulfilled, the public prosecutor or any interested party may request the annulment of the adoption. However, if the deficiency has been remedied or if the annulment is based solely on a formal reason and the continuation of the adoption relationship is in the child's interest, the annulment request may be rejected.

Time Limit (TMK Art. 319)

An action for the annulment of adoption cannot be filed after one year from learning of the ground for annulment and in any event after five years from the adoption process. These periods are forfeiture periods and are considered ex officio by the court.

Difference Between Foster Family and Adoption

There are significant differences between foster family and adoption, two institutions frequently confused in practice:

Important Considerations in Adoption

Important matters to consider during the adoption process include:

• Expert support: Working with a family law attorney from the beginning of the process helps prevent potential legal problems.
• Importance of the trial period: The one-year trial period is an adjustment period for both the child and the family and should be carefully evaluated.
• Completeness of documents: Missing documents can significantly extend the process.
• Psychological preparation: Psychological support is recommended for both the adopter and the adopted person.
• Special attention in international processes: Ensuring compliance with the Hague Convention is of great importance in international adoption processes.
• Respect for the child's past: It is recommended to be sensitive about the adopted child's biological origins and past, and to inform the child in a manner appropriate to their developmental stage.

Costs of Adoption Proceedings

The following costs may arise in adoption proceedings:

• Application costs: Certain costs may arise during the administrative application stage.
• Attorney fees: Determined according to the Minimum Attorney Fee Tariff.
• Court fees: Court fees and expenses arise during the court stage.
• Medical reports: Hospital expenses may arise for obtaining comprehensive health reports.
• Additional costs in international processes: Additional costs may arise for translation, apostille, consular transactions, and international correspondence [TO BE VERIFIED].

Current Developments and Practice Trends

Among the current developments in the field of adoption, the following issues stand out:

• Adoption waiting periods: The imbalance between the number of children in institutional care and the number of applications may cause waiting periods to extend.
• Adoption of children with special needs: Encouraging practices are being developed for the adoption of children with physical or mental disabilities.
• Open adoption trend: The trend toward informing the adopted child about their biological origins is becoming widespread internationally and is also being discussed in Turkey.

This content is for general informational purposes only and does not constitute legal advice. For your specific legal issues, it is recommended that you obtain professional support from an attorney.