Denial of lineage in Turkish Law

With the inurement of our new Civil Code No. 4721 on 1 January 2002, significant changes have been made. One of the most important among these changes made is the one made in the field of "Lineage Law". Along with the new Civil Code, the concept of "lineage" has been put into place by removing the concepts of "legitimacy" and "illegitimacy". Common provisions have been set forth among the child born in wedlock and the child born out of wedlock, and the privileges have been tried to be reduced to the lowest level. However, in the old Civil Code, there is no regulation regarding children who are considered "illegitimate/non-lineage", but no regulations were made in the new Civil Code as well. Since this regulation was not included neither in the old nor the new Code, the problem of the children born out of wedlock who cannot be linked to their fathers by a lineage has not been solved. As our age has come to the point where the gene technology and artificial insemination practices have proliferated and gained speed. The emergence of such issues as surrogate mother, sperm bank, and egg donation has made it difficult and complex to completely solve the problem of the determination of the lineage. In the study, it was tried to clarify the solution of the problems related to the determination of the lineage tie by benefiting from views on the new Civil Code and doctrine although not very detailed. In this study, the matter of Denial of Lineage in Turkish Law has been discussed and studied together with the opinions of the doctrine in this subject, the cancellation decision of the Constitutional Court and the judicial views of the Court of Appeal in the light of newness realized by the new Civil Code. Key words: Presumption of Paternity, Lineage, Denial of Lineage, Artificial Insemination, Egg Donation.