Master'sOpen Access

Adoption in Turkish Civil Code

2008
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Advisor: Doç. Dr. Cemal Oğuz

Abstract (EN)

In this study, adoption institution was examined with its different sides according to Turkish Civil Code numbered 4721 and the sentences which have differences from the sentences which are in Turkish Article of Law numbered 743 were considered comparatively.Adoption Constitution had taken different positions in the Rome Law and Before and After Islamic Turkish Law. Adoption Institution is too different from the institutions like servant girls (brought up as a member of a household), the children of wet nurse, real family line and protecter family which are smilar. Because by adoption, the relative relationship between foster child and the adopting person and between his/her stock occurs. Also , adoption is set up with court decision.Adoption in TurkishCivil Code , adoption was ordered in two ways as the youngs?being adopted and the adults?and the restricted?s being adopted. In adoption the rule is; youngs? being adopted and scarcely adults?or restricted ones? being adopted. The age of adoption was ordered differently for the married and not married people. The married people?s being able to adopt a child is agreed upon the mates? being at least 30 years old or being married at least for five years. However, the ones who are not married must be at least 30 years old in order to adopt a child.As it is in the Turkish Legal Civil numbered 743 in the Turkish Civil Law numbered 4721, disparity in age between the adopting person and adopted one has been envisioned as eighteen. The right of adoption together has only been accepted for the mates who are married. So; other than the exceptions written in the law, it is impossible for the married couples to adopt a child on her/his own.In order for the adoption relationship?s being formed in a valid way, the basic and figured conditions which are put by the law ? person have to be carried out. Acting against these conditions leads to the result of the absence or abrogation of adoption.Adoption leads to a one-sided right of inheritance. According to Turkish Civil Code, the rights and obligations which belong to the father and mother pass on to the adopting person. As a result of this, the adopting person gains the rights of regulating and getting help from the properties of the adopted one. With adoption,ban of marriage occurs between the adopted one and adopting person or between one of these and the other one?s husband or wife.

Author

Dr. Cengiz Kaya

How to Cite

Cengiz Kaya (Master Thesis). Adoption in Turkish Civil Code, 2008, Gazi University.

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