Paternity case

How the lineage between a child and his/her parents has been arranged with 4721 numbered TCL, which came into effect on January 1st 2002. While the lineage between the child and his/her mother is established naturally by birth, to establish the lineage between a child and his/her father is not so easy. If the mother marries to the father after the child was born and if they declare the birth of the child to birth registry office, it is treated as if the child was born during the marriage. If the child was born outside of the marriage, he/she can be recognized by his/her father. If the father does not recognize the child, then the lineage between the child and his/her father will be established by legal decision of a judge. The paternity case has been arranged by both TKM and TCL. Because TKM did not meet requirements of the contemporary times and because it envisages different results for a child who was born outside of a marriage than a child who was born within a marriage, it was a necessity to make some new arrangements. In the older arrangement, paternity cases had been divided into two types as financial resulting and personal resulting paternity cases. In financial resulting paternity cases the lineage between the child and his/her father did not used to be established; only compensation for the mother and alimony for the child were used to be decided. Filing a personal resulting paternity case had been restricted by realization of some conditions. These conditions were: promising the mother of marriage, sexual intercourse being a crime, abuse of authority, and father being married. When one of these conditions existed it used to be decided to establish a lineage between the child and his/her father. 133 Paternity cases have reduced to one by TCL and with the new arrangements it brought, it has simplified filing a paternity case for the mother and the child. With a decision at the end of a paternity case, the child will be bonded to his/her father with a lineage and he/she will be treated as if he/she was born inside of the union of marriage. In this age it is possible to understand almost precisely whether the man is the father or not with developing medical science, in TCL establishing a time limit for bringing a paternity case is not compatible with the purpose of the law. There always will be some people who missed time limits for one reason or another, they will not be able to heir, and for this reason the problem of children who were born outside of a marriage and can not be heirs will keep continuing. The reason is that TCL permits children outside of marriage to be heirs to their fathers only on the condition that they are bonded to their father with a legal lineage. Although TCL has brought arrangements in paternity cases in favor of the child and mother, it has not brought any arrangements about how the lineage will be established about children, who are born as a result of developing artificial insemination techniques. Since in the cases of transplantation of ovary or embryo the child will have more than one father or mother, different ideas have been maintained in the doctrine about to whom the child will be bonded with a lineage. Key Words 1. Lineage 2. Artificial insemination 3. Gene analysis 4. Conditions of case