Can My Partner and I Adopt in Turkey?
The issue of adoption in Turkey is regulated in the Turkish Civil Code, which came into force in 2001. Besides this law, there are also international conventions applied in Turkey. The most important of these is The Hague Convention of 2004 on protecting children and cooperation between countries in terms of adoption. In addition to the Turkish Civil Code and the International Convention, there are provisions for adoption in other laws.
The Hague Adoption Convention, also known as the Convention on the Protection of Children and Cooperation in Intercountry and International Adoption, is an international agreement that protects children. The Convention was signed on May 29, 1993, and went into effect on May 1, 1995.
The main objectives of the Convention are;
• Protection of the child in international adoptions in accordance with international law,
• Taking measures to prevent child abductions among adoptive countries,
• Ensuring that inter-country adoptions are made within the framework of the rules set out in the convention.
In short, the adoption of foreigners in Turkey has become possible with The Hague Convention.
However, conditions similar to those in Turkish law are also included in the contract. It is not possible for foreigners to adopt in Turkey unless the conditions in the contract are met. According to the Convention, the country’s competent authorities in which the adoption will take place will check whether the necessary conditions are met.
The Authorities May Deny The Adoption Process
In addition, an adoption certified by the competent authority/authorities of the state in which the adoption is made per the Convention shall be recognized by law in other states parties to the Convention. In a state party to the Convention, recognition of an adoption may be denied only if it is manifestly contrary to public order, considering the superior benefits of the child.
Adoption applications can be made in Turkey as well as abroad. Turkish citizens and foreigners who have at least one year residence permit in Turkey can apply directly to social services.
Legal Consequence of Adoption
As a legal consequence of adoption, the adopted child shall benefit from all rights, including; inheritance, that a biological child benefits. Adoptive parents have the right to rename the adopted child.
For US Citizens: The Residency Required to Adopt in Turkey
Prior to finalizing the adoption in Turkey, Turkish law requires prospective adoptive parents to spend a year caring for the child. Although Turkish law permits a kid to leave the country during the one-year probationary period, a US visa cannot be obtained until the probationary period has ended and the adoption has been finalized. Prospective adopting parents from the United States should expect to spend a year in Turkey.
Adopt in Turkey: Age Requirements
The adoptive parent must be at least 30 years old, and the prospective parent and kid must be at least 18 years apart in age. If they want to adopt a kid under the age of one year, adoptive parents must be under 40. Adoptive parents above the age of 40 can only adopt older children. Those who reach the age of 41 while waiting for their application will be requested to adopt older children. Foreign citizens between the ages of 30 and 40 who do not speak Turkish are only allowed to adopt children under three.
Single or married adoptive parents are also possible. Only a married couple may adopt a kid together. Couples who are not married cannot adopt a child jointly. Couples under the age of 30 must have been married for at least five years before adopting. Only if the couple has been married for more than two years may a spouse younger than 30 adopt their spouse’s kid. A spouse may adopt a kid on their own if they can show that the other spouse is mentally ill or that their whereabouts have been unknown for more than two years, or if the pair has been officially separated for more than two years. After a professional assessment, couples who are found to be eligible for adoption are assigned a priority date based on their central authority application dates. Within applications, there is no other priority.
To raise a kid in a secure and decent environment, adoptive parents must be mentally and physiologically sound, have a particular level of education and culture, and be financially capable of caring for the child. Adoptive parents must not have been convicted of a moral turpitude offence and cannot use illegal substances. Officials from the General Directorate of Social Services and the Child Protection Agency examine all of the circumstances and requirements listed above.