Adoption law in Turkey – Does a foreign citizen have the right to adopt in Turkey?
The Turkish law allows adoption under some conditions. In this article from Ebla Real Estate, we will talk about the adoption law in Turkey in addition to the required papers and the conditions to adopt a child.
Adoption law in Turkey:
Adoption subject is regulated between the Articles 305-320 of the Turkish Civil Code dated November 22, 2001 (TCC) and the statute titled ‘Execution of Interventions Regarding Adoption’ based on Council of Ministers Decision No. 2009/14729 (Adoption Statute).
Moreover ‘Lahey Convention on Protection of Children and Co-Operation In Respect of Inter-country Adoption’ dated December 5, 2001 (Convention) is also enforceable in Turkey since September 1, 2004.
According to Article 320 of TCC, the domestic (intervention) operations of adoption shall be carried on through the institutions authorized by the Council of Ministers and accordingly Article 3 of the Execution Statute states that ‘General Directorate of Social Services and Protection of Children’ ( Social Services) possesses the legal determination powers on execution of adoption issues.
There are two ways to file for adoption in Turkey. The individuals or the couples (spouses) who would like to adopt a child could apply to provincial offices of Social Services in person (and together in the case of spouses) and in writing for determination of a suitable child or the applicants could also apply directly to the child’s parents or his/her legal guardian which process will again be supervised by Social Services.
Applicants whose initial application is approved are provided the subject child for temporary care for one (1) year. At the end of a temporary caring period of one year (supervised by Social Services), the Social Services informs applicants in writing to file a claim no later than two (2) months. Then the parties apply to the Domestic Relations Court or to the Civil Court of First Instance in order to obtain a Court judgment and conclude the adoption process.
Conditions for adoption in Turkey:
According to Turkish law.. There are conditions to be fulfilled if a person or a couple wants to adopt a child, which are:
- Submit the application for approval to the Turkish Directorate of Family.. Labor and Social Services.. in order to assess the child and identity of the applicant.
- Applicants should care and educate the child at least for one (1) year before adoption ruling.
- Moreover, applicants shall be physically and mentally fit for adoption.
- The adopter must be at least 30 years old.
- Furthermore, spouse applicants shall be married for at least five (5) year.. Or both of them should be over thirty (30) years old.
- Applicants shall be at least eighteen (18) years older than the child.
- Applicants shall also possess educational degrees equivalent to primary school graduation in Turkey.
- The consent of the biological parents shall be obtained (if any).
- The consent of the child must also be obtained, if he/she has the capacity to act on his/her behalf.
- If the child is under custody, the consent of the legal guardian must be obtained.
- In addition, adoption shall be for the benefit of the child in review of all circumstances.
The documents required to be submitted for adoption are:
- Sample of the civil registry obtained by the Directorate of Civil Registration (a civil status certifying document).
- Criminal record of the applicants and their family members living with the applicants.
- Documents that prove ownership of financial assets, income and social security status.
- Certificate of residency (local).
- Certificate showing the educational status of the applicants.
- A health report issued by an authorized commission of doctors showing that the applicant neither has physical, mental, or physiological disability nor is he addicted to alcohol or drugs.
- Residence permit for the foreigners and the Turkish citizens applicants who reside abroad.
- Residence permit for the child if cared for in a foreign country is allowed by Social Services.
Is a Turk allowed to adopt a foreign child?
Yes, the adoption law in Turkey allows this as long as the person fulfills the above-mentioned adoption conditions and obtains approval from the Ministry of Social Affairs in the country of the child.
Is a foreign citizen allowed to adopt a Turk?
Yes, a foreign person has the right to adopt Turkish children according to the adoption law in Turkey, as long as the adopter has met the above-mentioned adoption conditions and has obtained approval from the Turkish Ministry of Social Affairs. It is worth noting that the adoption law in Turkey allows a person to obtain Turkish citizenship by adopting a child.
Edited by: Ebla Group Real Estate
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