This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Evlat Edinme: Şartlar, Süreç ve Sonuçları.
Two conditions are central to adopting a minor: the adopter must be at least eighteen years older than the child, and the child must have been cared for and raised by them for at least one year (TMK art. 305). Married couples may as a rule adopt only jointly, and must have been married at least five years or be over thirty.
Adoption is one of the most carefully regulated areas of Turkish law, because it creates a permanent relationship of parentage. TMK means the Turkish Civil Code No. 4721.
Adopting a Minor
TMK art. 305 sets the basic conditions. Adoption of a minor requires:
- That the child has been cared for and raised by the adopter for one year;
- That the adoption is in the child's interest in every respect;
- That the interests of the adopter's other children are not inequitably harmed.
Joint adoption (art. 306). Spouses may adopt only jointly; those not married cannot adopt jointly.
They must have been married for at least five years or be over thirty.
Where one spouse wishes to adopt the other's child, being married at least two years or over thirty suffices.
Sole adoption (art. 307). An unmarried person over thirty may adopt alone.
Conditions and Consents
Age gap (art. 308). The person adopted must be at least eighteen years younger than the adopter.
The child's consent. A minor with the capacity to discern cannot be adopted without their consent.
A minor under guardianship may be adopted with the permission of the guardianship authorities, even without that capacity.
The parents' consent (art. 309). Adoption requires the consent of the child's mother and father, declared orally or in writing and recorded before the court of the child's or the parents' place of residence.
Consent cannot be given within six weeks of the birth, and can be withdrawn within six weeks of being given.
Where consent is not required (art. 311): where a parent's identity or long-term whereabouts are unknown, where they permanently lack the capacity to discern, or where they have not adequately discharged their duty of care towards the child.
| Condition | Minors | Adults |
|---|---|---|
| Age gap | At least 18 years | At least 18 years |
| Period of care | At least 1 year | The cases listed in art. 313 |
| Married couples | Jointly; 5 years' marriage or age 30 | The same |
| Sole adoption | Age 30 | The same |
| The child's consent | Required where capable of discernment | The adoptee's consent required |
| The parents' consent | Required, subject to the statutory exceptions | Not required |
| Descendants' consent | Considered where there are any | Considered where there are any |
Consent cannot be given within six weeks of the birth and may be withdrawn within six weeks of being given (TMK art. 310).
Adopting an Adult
TMK art. 313 permits the adoption of an adult or a person under legal disability, but only in limited cases:
- The adopter must have no descendants; and
- The adoptee is permanently in need of assistance through physical or mental disability and has been cared for by the adopter for at least five years; or
- The adopter cared for, looked after and educated them for at least five years while they were a minor; or
- Other just causes exist and the adoptee has lived as a family with the adopter for at least five years.
A married person may be adopted only with their spouse's consent. Otherwise the provisions on adopting minors apply by analogy.
The Process and Its Consequences
The decision (art. 315) is made by the court of the adopter's place of residence, or of one spouse's residence in a joint adoption. The relationship arises with the judgment.
Before deciding, the court conducts a wide investigation into the personality and health of the adopter and the adoptee, their relationship, their financial circumstances, capacity to raise a child and the development of the care relationship. Expert evidence is taken.
The consequences (art. 314): the rights and duties of a parent pass to the adopter.
The adoptee becomes an heir of the adopter and takes a share as a descendant would. Their status as heir in their own birth family also continues — so an adoptee is heir to both.
A minor adoptee takes the adopter's surname, and the adopter may give the child a new forename. An adult adoptee may take the adopter's surname if they wish.
Adoption creates an impediment to marriage (art. 129): marriage is prohibited between the adopter and the adoptee, and between one of them and the other's descendants or spouse.
Adoption of a minor depends on their having been cared for and raised by the adopter for a year, and must in every respect be in the child's interest. The age gap must be at least eighteen years; the parents' consent cannot be given within six weeks of the birth and may be withdrawn within six weeks.
Frequently Asked Questions
What are the conditions for adoption?
Having cared for and raised the child for a year, the adoption being in the child's interest, and the interests of any other children not being inequitably harmed.
Can a single person adopt?
Yes. An unmarried person over thirty may adopt alone.
What applies to married couples?
They may adopt only jointly, and must have been married at least five years or be over thirty. To adopt a spouse's child, two years' marriage or age thirty suffices.
What age gap is required?
The adoptee must be at least eighteen years younger than the adopter.
Does an adopted child inherit?
Yes, as a descendant of the adopter — and they also remain an heir in their own birth family.