Master'sOpen Access

Adoption in the Turkish Civil Law

2019
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Advisor: Dr. Öğr. Üyesi Selin Sert Sütçü

Abstract (EN)

Adoption, one of the oldest institutions in the history of humanity, has served various purposes to date. Throughout history, individuals have adopted children due to economic, sometimes political and sometimes social purposes. Adoption has been a beacon of hope for families that are without children or cannot have children and for children who are deprived of family love. Because the longing of a warm family of the person to be adopted is fulfilled while the need to become a parent of individuals that do not or cannot have children can be met. Moreover, some families cannot raise their children in a healthy way in every respect, therefore, they want to give their children up for adoption. Families who have difficulty in meeting their children's moral and material needs often agree to adoption of their children by the families under state protection. "Adoption", the subject regulated in between the Articles 305-320 of Turkish Civil Code No 4721, has become an increasingly widespread and a needed institution in the world and in the Turkish society. The number of children under state protection is increasing day by day. Adolescents who are in need of protection or wards, orphaned children have a happy and peaceful family by being adopted. The interest in adoption is increasing due to the fact that the rate of families having children decreases, and various treatment methods are inconclusive. These developments pave the way for adoption to be one of the important needs of the society. For this reason, the adoption institution will be addressed within the scope of this study and it will be attempted to examine in various aspects. Our code regulates the adoption of minors as a rule; but adoption of adolescents or wards as an exception. For this reason, which of the conditions for adoption of the minors we have included in a large part of our study are common for both adolescents and wards will be stated. The conditions specific to the adoption of adolescents and wards will be also examined in detail. In the first chapter of our study, it will be attempted to explain the adoption concept, its legal character, history, types, benefits and disadvantages and differences between similar concepts. In the second chapter, the conditions of adoption will be attempted to present. In the third and last chapter, legal consequences, invalidity and termination of adoption will be addressed. Keywords: Adoption, Adoptee, Paternity, Foster-parents, Minor, Adolescent, Wards Conditions, Terms and Consequences.

Author

Dr. Rumeysa Sağlam

How to Cite

Rumeysa Sağlam (Master Thesis). Adoption in the Turkish Civil Law, 2019, Akdeniz University.

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