Current issues relating to parentage and the case of denial of paternity following the Constitutional Court's decisions to annul the law

The family is the smallest building block that forms the foundation of society. While family unity consists of the mother, father, and children in the narrow sense, the kinship relationship established between these individuals is of great importance in terms of both maintaining social order and determining the rights and responsibilities of individuals. Kinship plays a vital role, especially in determining the child's identity, inheritance rights, and personal status. Therefore, the kinship relationship established between the child and their mother and father must be legally valid and based on solid foundations. In our study, we examined how kinship is established with the mother and father, addressing issues such as marriage and non-marriage situations, recognition, and paternity suits. We cannot remain indifferent to biotechnological developments around the world. In this regard, we have also evaluated how biotechnological developments may affect kinship law in the future. On the other hand, the widespread use of technological methods such as DNA testing has revolutionised the process of determining kinship and made it easier for courts to reach the material truth. However, it is clear that these technological advances must be considered not only from a legal perspective but also in terms of their ethical, psychological and sociological dimensions. In the continuation of our study, paternity denial cases were examined in detail, focusing on the legal regulations related to the case, the problems encountered in practice and the fundamental principles that prevail. In paternity denial cases, the principle of ex officio investigation applies, which differs from the general character of private law cases. In this respect, such cases are distinct from other private law cases and impose a broader investigation obligation on the judge. Additionally, this section evaluates the role of scientific evidence, such as DNA analysis, in the case and compares the different regulations in the Code of Civil Procedure and the Turkish Civil Code. In the final section of the study, two important annulment decisions issued by the Constitutional Court regarding parentage are examined in detail. These decisions are directly related to constitutional rights such as the privacy of an individual's private life, personality rights, family life, and equality. With these decisions, the Constitutional Court has emphasised the importance it attaches to genetic reality in determining parentage. Furthermore, with these decisions, it has emphasised that while family order and the welfare of children must be protected, attention must also be paid to individual rights and freedoms. In this case, it has become clear that laws must be enacted with sensitivity to these delicate balances. Throughout the study, both the debates in the doctrine and the case law of the high courts have been addressed, and the evolution of filiation law today and the search for solutions to the legal problems encountered have been comprehensively presented. In the conclusion, all findings have been evaluated with a holistic approach, and the importance of the Constitutional Court's annulment decisions for Turkish filiation law has been emphasised. Key Words: Paternity, Denial of Paternity, Provisions of Paternity, Presumption of Paternity, Constitutional Court.