Adoption in Turkish Law

Adoption is a family law contract which creates legal consequences similar to legitimate only between adoptive parents and adopted child or the descendants of adopted child. This contract should be made in form and should be approved by the judge. In accordance with general opinion, the legal attribute of adoption is referred to a special written form contract. Because to form an adoption contract there should be not only the mutual consents of adoptive parents and adopted child but also the permission of the judge. The adoption is intended as a useful device to enable childless persons to raise children and to homeless children to live with a family and to illegitimate children to be legitimated. It may be abused by adoptive parents for illegal enjoyments. The adoptive parents must be at least 18 years older than the child and must be at least 35 years old. A person may adopt a child with the consent of the statutory representatives(the guardian and the competent authority or the natural parent) of the child and the child himself. A married person both man and woman may adopt a child with the consent of other spouse Therefore, only persons who have no descendants may adopt, and also an adopted person should not be adopted by another one. Above mentioned provisions of adoption are the essential conditions. The permission of the judge and notary form and registration to registry of personal status are the formal conditions of adoption. While it is not possible to abolish the personal in nature consequences of adoption, it is possible to abolish some financial benefits of adoption. In case of enactment of adoption contract, adopted child carries family name(surname) of adoptive parent and the adoptive parent acquire parental authority over the child. He becomes intestate successor of adoptive parents and between adopted child and adoptive parents raise prohibition of marriage. The contracting parties undertake reciprocal material support and alimony obligations The adoption contract may be terminated by mutual consent or annulment or void or by law decision,,v4 |rtl!