Adoption of children in Turkish and Iraqi law

Adoption is a legal process that dates back to ancient times and continues until today. From today's perspective, the main purpose of adoption is to ensure that children grow up in a healthy and happy family environment. The adoption process, as in legal proceedings regarding other children, is based on considering the adopted child's best interests. This principle, supported by international conventions, is important in regulating adoption. There are rules regarding adoption in the legal systems of countries. In Turkish law, adoption is considered a matter of personal status subject to family law. In Iraqi law, adoption is prohibited due to Islamic law. However, the Iraqi legislator has created another system that has the same meaning as adoption, with some differences and is subject to the provisions of the Iraqi Child Welfare Law. The main purpose of this study is to examine the adoption conditions in terms of Turkish and Iraqi laws. In the study, adoption conditions are discussed in the context of the Turkish Civil Code, the Iraqi Civil Code, and the laws of both countries. In addition, the similarities and differences between the two laws are mentioned in the study. As a result of the study, it was concluded that there are similarities and differences between the two laws, that in some areas the dominant balance is in favor of Iraqi law, and in some areas the weight of preference is in favor of Turkish law. Legislators in both countries can benefit from the strengths of the other country's laws. In the conclusion section of the study, evaluations on the subject were made and suggestions were presented.