The lineage between mother and child
2024
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Advisor: Dr. Öğr. Üyesi Zeynep Dönmez
Abstract (EN)
Pedigree is of great importance in terms of knowing who the person is. As a matter of fact, the United Nations Convention on the Rights of the Child clearly states that every child has the right to know and be cared for by their parents. The determination of ancestry is of great importance for the state as well as for the child. For this reason, many states have described the determination of paternity as a public-sided lawsuit. Regulations regarding the determination of paternity, which is associated with public order in our country, are included in the 282 et al. contained in the articles. The legislator, who sees it possible to establish paternity with the father in various ways, has foreseen that the only way for the paternity to be established with the mother is birth. However, thanks to the developing and changing society and medical science, it has become possible to establish a lineage with the mother by non-natal means. So, what should be done if the material reality conflicts with the TMK, which regulates that a lineage cannot be established with the mother in a non-natal way? In such a situation, the direct application of the provision of the law will be contrary to the desire to correctly determine the lineage that is accepted in the public order and lies at the core of the law. In this study, the conflicts that may arise in the case of the establishment of non-natal means between the mother and the child and suggestions for the solution of these conflicts will be discussed.
Author
Nesrin Özdemir Yılmaz
Institution
How to Cite
Nesrin Özdemir Yılmaz (Master Thesis). The lineage between mother and child, 2024, Ankara Yıldırım Beyazıt University.
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