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Adoption is the establishment of a child- parent relationship by establishing legal ties between the child whose status is eligible for adoption and the person/spouse whose status is eligible for adoption. Adoption in our country is generally within the framework of the articles in the Turkish Civil Code, but regulations and international conventions also have an effect on adoption. According to the Turkish Civil Code, in order for the adoption to take place legally, the conditions in the law must be fulfilled. In addition, according to the Turkish Civil Code, adoption is based on the decision of a Family Court. If these conditions are met, adoption is carried out by following certain procedures within the framework of the Ministry of Family-Labor and Social Services. The Turkish Civil Code contains many conditions for adoption. The adoption of a person is not possible because of absolute nullity if these conditions do not materialize.
What Are the Different Types of Adoption?
Adoption in the Turkish civil code is divided into two as the adoption of children’s and adult-interdicted persons. The Turkish Civil Code contains many conditions for adoption. The adoption of a person is not possible because of absolute nullity if these conditions do not materialize.
Adoption is arranged under the two articles of Turkish Code of Civil Law taking part in the 305th article as “The Adoption of Youngsters” and in the 313th article as “Adoption of Adults and Retarders”.
In addition, adoption according to the adopter; Stand-alone adoption, Parents’ co-adoption, Stepchild Adoption and Adoption of adults and interdicted persons into four. In addition, according to the adopted person, the adoption of minors is divided into two as the adoption of adults-restricted persons.
• Stand-Alone Adoption: Article 307 of Turkish Civil Code; Any unmarried person may adopt child singly if he or she has completed thirty years of age.
• Parents’ Co-Adoption: Article 306 of Turkish Civil Code: Spouses, may only adopt child jointly; unmarried ones may not adopt jointly. Also, Spouses must have been married to each other for at least five years or completed thirty years of age.
• Stepchild Adoption: Again, Article 306 and clause three of Turkish Civil Code; Any of spouses, may adopt child of the other provided that they have been married for at least two years or he/she has completed thirty years of age himself/herself.
• Adoption of Adults and Interdicted Persons: According to the Turkish civil code, it is possible for adults or interdicts persons to be adopted. However, in order for this adoption to take place, certain conditions in the Civil Code must be met. In addition to these requirements, the adopter must have no sub-lineage. Married people need each other’s consent to adopt an adult and restricted person.