pixel
CLICK HERE TO SEE ALL RECENTLY ADDED PAGES 20 October 17: Tools: More "Fast Facts" - Working hours & productivity rankings 3 October 17: Presentations: Investing Abroad & International Property Management 8 September 17: Audio guide: Turkey: Disputes & Court Cases CLICK HERE TO SEE OUR FULL RANGE OF GUIDES 4 September 17: Audio guide: Turkey: Contracts 1 September 17: Written guide: Turkey: Buying a Commercal Property 31 August 17: Written guide: Turkey: Buying an Off-Plan Property UP TO 100 GUIDES PER COUNTRY 30 August 17: Written guide: Turkey: Buying a New Property 25 August 17: Written guide: Global: Opening a Bar 9 August 17: Audio guide: Turkey: Coming to Turkey to Work CLICK HERE TO SEE OUR FULL RANGE OF GUIDES 8 August 17: Audio guide: Turkey: Coming to Turkey as a Tourist 7 August 17: Audio guide: Turkey: Coming to Turkey to Retire 6 August 17: Audio guide: Turkey: Coming to Turkey as an Asylum Seeker/Refugee UP TO 100 GUIDES PER COUNTRY 5 August 17: Audio guide: Turkey: Coming to Turkey to Join Your Family 4 August 17: Audio guide: Turkey: Coming to Turkey to Start a Business 31 July 17: Audio guide: Turkey: Buying a Property CLICK HERE TO SEE OUR FULL RANGE OF GUIDES 28 July 17: Audio guide: Turkey: The Immigration System 27 July 17: Written guide: Turkey: Buying a Property 25 July 17: Written guide: Turkey: Child Abduction UP TO 100 GUIDES PER COUNTRY 23 July 17: Written guide: Turkey: Family Law 21 July 17: Written guide: Turkey: Divorce 19 July 17: Written guide: Turkey: Debt & Bankruptcy UP TO 100 GUIDES PER COUNTRY

Family Law in Turkey

This guide was written by Başak Yıldız Orkun, Managing Partner at Orkun & Orkun (info@orkunorkun.com) in collaboration with Guides.Global (office@guides.global).

It was written on 23 July 2017. The law and practice in Turkey change all the time. Our guides are updated as frequently as possible - typically every three years - but may be out of date.

Our guides are prepared by professionals from many countries. They are, of necessity, both brief and general and can take no account of your personal circumstances. They are intended to be a good introduction to the subject BUT ARE NO SUBSTITUTE FOR PROPER PROFESSIONAL ADVICE, which our contributors will usually be happy to provide upon request.

The advice and opinions contained in the guides are those of the author and are not necessarily those of Guides.Global.

Click where you see lightbulb image for more information

The scope of this guide

This guide is about family law in Turkey and how it affects expats: legal separation, adoption of children and paternity.

You may also want to watch the video version of this guide or download the audio (MP3) guide.

For information on divorce, see our Guide to Divorce in Turkey.

Introduction

The parts of law covered in this guide are, by their very nature, stressful and complicated. This is even worse if you're in a foreign country with little or no understanding of the law. Happily, Turkey's legal system is fairly easy to understand on a basic level,

Separation

Separation is where two people who have formerly been living together ‘as man and wife’ decide to go their separate ways but without (in the case of a married couple) divorcing and so bringing the marriage to an end.

Despite the expression ‘living together as man and wife’, the same arrangements apply in the case of same sex couples.

The concept of ‘living together’ requires some level of physical intimacy. These arrangements do not apply to people merely living together as friends.

There is no specific provision for dealing with such separations in Turkey, but people can bring a case before the Family Court under its general jurisdiction and the Court will apply much the same rules as it would apply in the case of a divorce except, of course, it would not end the marriage.

Paternity & child support

Despite our reputation for lustiness and romance, paternity proceedings in Turkey are few and far between.

Since 2011, if a person alleges that a child is the child of a particular person, the issue shall be determined conclusively by DNA testing and the court has the right to order the parties to undergo such testing.

If the person refuses to take the DNA test, they are likely to lose their case and to be found to be the father of the child. They can also be found to be in contempt of court. In this case, the Enforcement Court has the right to have you physically removed to the hospital for a test to be carried out.

In terms of procedure, the process is much the same as any other case brought before the Family Court.

A person found to be the father of a child will be ordered to make financial provision for that child. The amount depends upon the father’s means.

In addition to the right to ongoing support, the child also benefits from the right to inherit from its parent and all of the other social consequences that flow from recognition.

Adoption

Formal adoption is rare in Turkey but it is recognised under Turkish law.

Informal adoption is allowed. This is very often between close family members and it is done without the intervention of the Court or any other state agency.

International adoptions to people habitually resident in Turkey are subject to a one-year trial period.

As in almost every country, a person adopting a child in Turkey acquires full parental responsibilities for that child and the adopted child is treated as the natural child of that person and acquires all such a child’s rights, including full inheritance rights.

Parents wishing to adopt a child in Turkey must first register with the Turkish Department of Social Services and be cleared as suitable adoptive parents. They must be over 30 years of age and, if a couple, must have been married for five years. Single people can also apply to be adoptive parents.  

Once the parent has been accepted as a suitable candidate for adoption, a child is selected by the parents. They will be given access to the register of children available for adoption but may find a child in another way. There is no attempt to match racial or cultural backgrounds.

The process is documented and the final certificate of adoption is dealt with by the Family Court .

Conclusion

Family law is a specialised and very complex area of law. The things it deals with are almost always very important. It is therefore important to seek good legal advice from a lawyer who can speak your language.

Other guides of interest

 Description Link 
Turkey Country Guide
Essential facts and figures about Turkey
Click to see this guide
Divorce in Turkey
How to get a Divorce in Turkey
Click to see this guide
Child Abduction to Turkey
What to do if your child is taken to Turkey by the other parent.
Click to see this guide

Readers' Comments

 

Further information?

I hope you have found this guide useful. If you need any further help, please contact me.

Başak Yıldız Orkun

23 July 2017


 

Guides.Global.logo
expert advice about living, working, investing, doing business
& buying property in another country


Guides.Global Ltd
23 Bridewell Lane
Bury St Edmunds
Suffolk
IP33 1RE
UK

Telephone: +44 1284 719964  ♦  Email: office@guides.global

www.guides.global

© John Howell 1979 - 2017