ADOPTION REQUIREMENTS IN TURKEY
In the process of adopt from Turkey, specific requirements are sought in Turkey. These imply that individuals who will exercise the right of adoption must meet certain criteria.
- Joint Adoption: The Turkish Civil Code does not provide for joint adoption for unmarried individuals (Article 306, paragraph 1, clause 2). For joint adoption in Turkey, the marriage relationship must be established at the latest when the adoption application is made. However, it is not necessary for the adopting parties to be married during the one-year period of caring for and raising the child. For joint adoption to take place, the spouses must have been married for at least 5 years together and both spouses must have reached the age of 30. Additionally, it is essential for the prospective adoptive parents to have discernment.
- Adoption of Stepchildren: Article 306, paragraph 3 of the Civil Code contains a special provision regarding the adoption of one spouse’s child by the other. According to this provision, if the spouses have been married for at least 2 years or if one of them has reached the age of 30, they can adopt the child of the other spouse.
- Adoption by Single Individuals: Adoption by single individuals who have discernment and have reached the age of 30 is possible according to Article 307, paragraph 1 of the Civil Code. However, these individuals must also fulfill the conditions stipulated in Article 305.
- Adoption by Married Individuals Alone: According to Article 307, paragraph 3 of the Civil Code, if one spouse has reached the age of 30 and can prove that joint adoption in Turkey is not possible due to the other spouse’s continuous lack of discernment or the fact that their whereabouts have been unknown for more than 2 years or due to living apart from the other spouse for more than 2 years according to a court decision, they can adopt from Turkey alone.
The adoption in Turkey is meticulously examined and evaluated to ensure that applicants meet the adoption requirements. Factors such as the physical and psychological health of the applicants, income level, education level, family relationships, and child-rearing skills are taken into account. Additionally, the motivations of the applicants regarding adoption, their desired relationship with the children, and their preparedness for adoption are also evaluated.
Certain requirements such as the duration of marriage, age, and discernment play an important role in the adoption in Turkey. These requirements are put in place to ensure that adoption serves the best interests of the child and that the adoptive parents have the maturity and experience to fulfill their responsibilities.
In the process of adoption in Turkey, the consent and interests of the child are always taken into consideration. If the child is older, their preferences and opinions are considered when making the adoption decision. This aims to support the child’s participation and autonomy in decisions related to their own future. For younger children, their safety, health, and development are the most prioritized factors. The goal is to provide them with a suitable family environment that meets their needs and establish a healthy bond.
THE SAFETY OF THE ADOPTED CHILD
In the process of adoption in Turkey, the age factor of the child is highly important. The adopted child must be at least 18 years younger than the adoptive person. This age difference aims to ensure that the adopted child is at a younger age and that the adoptive person can fulfill their responsibilities better. The age difference is considered as a criterion for the healthy establishment of the adoption relationship.
In the adoption process in Turkey, obtaining the consent of the child is also an important requirement. The consent of a capable minor is necessary for the successful completion of the adoption process. However, if the child is under guardianship, permission from the guardianship authorities is required for adoption. In this case, the best interests and good faith of the child are always prioritized.
Both the mother’s and father’s consent is required for adopt from Turkey. The consent of only one party is not sufficient. These consents are declared orally or in writing in the local court where the child or parents reside and are recorded in the minutes. The declaration of consent cannot be made before 6 weeks have passed since the child’s birth. The consent declaration should be explicit and definitive. Similarly, the parents’ consent regarding adoption is recorded in the minutes and this consent declaration can be revoked within 6 weeks.
The adoption process aims to ensure the best interests and safety of the child. Legal regulations and procedures are in place to ensure that the adoption process is conducted fairly and smoothly. At each step, the child’s consent, the suitability of the family, and the child’s well-being are taken into consideration. In this way, adopted children can find a loving family and establish a strong bond with their new families.
ADOPTION OF ADULTS AND RESTRICTED PERSONS
The adoption of adults and restricted persons is possible if they have been continuously dependent on assistance due to physical or mental disabilities and have been cared for and supervised by the adoptive person for at least 5 years, or if they have been cared for, supervised, and educated by the adoptive person for at least 5 years since childhood, and if they have been living with the adoptive family for at least 5 years.
If the adoptive person is married, the consent of their spouse is required. In addition to fulfilling the adoption requirements, it is also required that the adoptive person does not have any surviving descendants at the time of adoption. In the absence of these conditions, the provisions regarding the adoption of minors will be applied by analogy.
ADOPTION APPLICATION AND ADOPTION LAWSUIT
In the Civil Code, the adoption relationship is a legal relationship established by the court decision based on the application of the adoptive person, provided that the consent of the adoptive person and the adopted child is obtained and other adoption requirements specified by the law are fulfilled. The adoption lawsuit is generally considered as a non-contentious judicial activity, meaning it takes place without any dispute between the parties.
In cases of joint adoption, both spouses must submit an application, and the court decision in the adoption lawsuit must be notified to all parties involved. Family Courts are responsible for such cases, and the competent court is determined as the place of residence court of the adoptive person or the place of residence court of one of the spouses in cases of joint adoption.
The adoption relationship establishes a legal kinship between the adoptive person and the adopted child. With the establishment of this relationship, a definite prohibition of marriage arises between the adoptive person and the adopted child or between one of them and the other’s descendants and spouse.
Additionally, the adopted child which is adopt from Turkey becomes an heir of the adoptive person, but the adoptive person and their relatives cannot inherit from the adopted child. The adoptive person can give a new name to the child if desired, and if the adoptive person is a minor, they take the surname of the adoptive person.
Regarding the citizenship of the adopted child, there is no specific regulation in the Civil Code. However, if the adopted child is stateless, they can acquire Turkish citizenship according to the provisions of the Turkish Citizenship Law.
TERMINATION OF ADOPTION RELATIONSHIP
In some cases during the adoption process, a request for the annulment of the adoption decision may be made. This situation is regulated in Article 317 of the Civil Code.
A lawsuit for the annulment of the adoption decision can be filed if there is a lack of consent from the individuals who require consent without a legal reason, or if there is a significant deficiency in meeting the adoption requirements in the process of adoption in Turkey (this can be requested by the Public Prosecutor or the relevant party).
The annulment lawsuit is generally initiated by the adoptive person or the adopted child, and if one party files the lawsuit, it is directed towards the other party. The annulment lawsuit is filed in the court that rendered the adoption decision. The annulment decision terminates the adoption relationship retroactively and renders it invalid.
The right to file an annulment lawsuit expires 1 year after the date the reason for the removal of the adoption relationship is learned and at the latest after 5 years have passed since the adoption procedure. In calculating the statute of limitations, the provisions of Articles 76 and 130 of the Turkish Code of Obligations can be applied by analogy.
An annulment lawsuit is a process where the legal validity of the adoption is questioned. Annulment claims generally arise when serious errors occur during the adoption process or when legal deficiencies in the adoption requirements come to light. In these lawsuits, the courts aim to ensure justice by considering the rights of the parties. Annulment lawsuits can be complex, and it is important to seek professional legal assistance.
The adoption in Turkey requires meticulous compliance with all legal procedures. The best interests of the adopted child should always be prioritized, and the consent of the parties and the fulfillment of legal requirements should be ensured. Adoption provides an opportunity to offer a loving family environment to a child and secure their future.
FOREIGN ADOPTION PROCESS FOR FOREIGNERS IN TURKEY
The foreign adoption process in Turkey allows foreigners to adopt children under the same legal regulations as Turkish citizens. However, the foreign adoption process for foreigners may involve some additional procedures.
Before starting the foreign adoption process in Turkey, it is important for foreigners to review the legal regulations and adoption requirements in their own countries. Some countries may require the authentication of documents obtained from Turkey or completion of adoption procedures in the home country. Therefore, it is crucial for foreigners to research the legal requirements in both Turkey and their own countries before initiating the adoption process.
The foreign adoption process for foreigners in Turkey is similar to that of Turkish citizens. The adoption application is submitted to the Family Court, which is affiliated with the Ministry of Family, Labor, and Social Services. Following the application, the adoption process progresses, and an evaluation is conducted regarding the applicant.
Foreigners may be required to submit additional documents during the adoption in Turkey. These documents may include proof of nationality, identity information, marital status, health condition, and financial status of the applicant. Additionally, documents demonstrating the duration of stay and residency status in Turkey may also be required.
In the foreign adoption process, it is essential to evaluate the compatibility between the foreigners and the child they wish to adopt. Therefore, the adoption applicants may have the opportunity to meet and interact with the child they intend to adopt. This step is aimed at assessing the child’s needs and ensuring the successful progress of the adoption process.
International cooperation and information sharing play an important role in the case of adoption abroad. Turkey collaborates with countries of origin to verify the accuracy of adoption-related information and access information about the child’s background. This is crucial for protecting the child’s rights and ensuring transparency and fairness in the adoption process.
The international adoption process for foreigners in Turkey is carried out in accordance with international adoption agreements and relevant laws. Turkey is a party to the Hague Convention, which sets standards and procedures for international adoption. Therefore, it is important for foreigners to comply with international adoption agreements and relevant legal regulations during the adoption process in Turkey.
The best interests of the child are always prioritized in the adoption process for foreigners in Turkey. The evaluation of the adoption applicants’ capacity to provide the child with a healthy life, good education, and a safe environment is crucial. Therefore, a research and evaluation process is conducted on the applicants.
Language and cultural differences are also taken into consideration during the international adoption process for foreigners in Turkey. Respecting the child’s cultural identity and ties is important for preserving the child’s cultural heritage. This plays a significant role in the child’s identity development and sense of belonging.
The international adoption process for foreigners in Turkey can be time-consuming. Applicants need to be patient, as they are required to reside in Turkey and maintain continuous residence during the evaluation and finalization of their applications. Throughout all stages of the adoption process, applicants should maintain communication with the relevant authorities in Turkey and cooperate in providing the necessary documents.
In conclusion, the international adoption process for foreigners in Turkey is a meticulous process that is carefully evaluated and aims to protect the best interests of the child. Foreign applicants need to maintain continuous communication with Turkish authorities and cooperate in providing the necessary documents. It is important to be patient during the completion of the adoption process, as it can be a lengthy journey involving various stages.
INTERNATIONAL ADOPTION PROCESS
Adopting a child from a foreign country is the process by which a family adopts a child from another country, granting the child legal rights as a member of the adopting family. Adopting a child from a foreign country is typically done through a local orphanage, child welfare agency, or an international adoption agency.
The Process of International Adoption Process:
- Research: Before initiating the international adoption process, it is important to gather information about the adoption requirements of the foreign country. Adoption rules and procedures may vary from country to country, so conducting research is crucial in determining which country to choose.
- Application and Documents: To initiate the adoption process, you will usually need to submit an application. This application may require you to provide documents demonstrating your suitability for adoption. These documents may include health reports, financial information, reference letters, home visits, and background checks. Most countries require you to first apply to the authorized authorities in your country of residence. After the application is submitted, official communication is established with the country from which you wish to adopt, and the process begins.
- Collaboration with Adoption Agencies or Orphanages: During the international adoption process, you may need to collaborate with an adoption agency or a local orphanage. These organizations will work with you to assess the child’s situation, find a suitable child for adoption, and facilitate the process.
- Suitability Evaluation: You may need to undergo various evaluations to demonstrate your suitability for adoption. These evaluations may include interviews, home visits, and training seminars. The purpose is to determine whether the family can provide a suitable environment for the child.
- Temporary Care of the Child: In many cases, there will be a period of temporary care before you meet your child. During this period, you may be required to spend time in the country or region where your child is located and establish a relationship with them. You may also receive education and guidance on caring for your child.
- Adoption Approval: The official completion of the adoption process from a foreign country occurs when you demonstrate compatibility with the child and your ability to meet the child’s needs. In some countries, you may need to file an adoption case.
- Becoming a New Family: Once the international adoption process is finalized, your child becomes a legally recognized member of your family. From that point on, you will need to provide support for your child’s adjustment and adaptation as a new family, investing time and effort into growing together.
Challenges and Considerations in Adopting from a Foreign Country:
The international adoption process can be complex and lengthy. It requires dealing with bureaucratic procedures, complying with legal requirements and procedures that vary between different countries, and demands patience and perseverance.
- Adopting a child from a different culture and language can present challenges during the adjustment period. It is important to understand and respect cultural differences and the child’s background to facilitate their integration.
- International adoption can be costly. Travel expenses, fees for international adoption agencies, adoption case fees, legal services, visa expenses, and other costs can create a financial burden during the process.
- The adoption process can be emotionally challenging. Gathering information about your child’s past and potential traumas, providing support during the child’s adaptation process, and attending to their emotional needs are important considerations.
- Adopting a child from a foreign country offers the opportunity to provide a loving family and a new future for a child. However, it is crucial to conduct thorough research, maintain proper communication and collaboration with local and international organizations, adhere to legal requirements, and prioritize the child’s needs. Seeking guidance from an experienced adoption attorney or adoption consultant in the field of foreign country adoption is recommended.
Each country has its own specific requirements and procedures for adopting a child from a foreign country, and the process can be time-consuming. The most important thing is to complete the international adoption process responsibly, taking into consideration the child’s well-being and best interests.
