Paternity case in Turkish Law

The aim of this thesis is to establish the Turkish Civil Code dated 22.11.2001 and numbered 4721, where necessary the situation in the former Turkish Civil Code numbered 743 is taken into consideration comparatively and at the same time it is tried to examine the paternity case by taking advantage of Turkish Law of Obligations No. 6098 and various other laws and regulations. The purpose of opening the paternity case is to ensure that the parental relationship between the father and the child, who has come to the world from an unmarried relationship and does not want to know the child with his/her own consent. The Turkish Civil Code numbered 4721 has made amendments that can be considered important in the provisions concerning the genealogy of the Old Civil Code numbered 743 which was in force until 2002.The paternity case is also an institution that has been affected significantly from these changes.The main reason for these changes comes from the fact that the rights of children have become increasingly important both internationally and nationally, and the principle of superiority of children has become an increasingly universal legal principle. Evidence of the father, who is considered the most important problem that arises during the paternity case, it is no longer a problem because of the development of medical science, and today, it has begun to be precisely determined whether the father of the defendant is the father of the child by means of blood examination methods, anthropological and hereditary examination methods and DNA tests.The DNA test becoming the most important proof, makes the legislator to systematize the actions against the plaintiff and the third parties who refuses to give blood and tissue for a determined test The aim of our study is analysing the arrangements in our national law in light of explanations in jurisprudence and interpretation of Supreme Court of Appeals.