What is Adoption in Türkiye?

What is Adoption?
Adoption is the legal process through which a child is incorporated into a family by an individual or a couple other than their biological parents. This process establishes a legally valid parent-child relationship between the adopted child and the adoptive parent(s). Adoption can only be granted by a court decision and can likewise only be terminated by a court ruling.

This legal bond not only ensures that the child’s physical needs are met but also provides a loving family environment that supports their social development and psychological well-being. However, this important process involves multiple legal and administrative stages and requires a thorough evaluation.

 

Institutions Responsible for Adoption Procedures
In Türkiye, adoption procedures are carried out by the General Directorate of Child Services under the Ministry of Family and Social Services. The process is divided into domestic and international adoption:

Domestic Adoptions: Conducted through institutions authorized by the Ministry in accordance with the Regulation on Intermediary Activities in the Adoption of Minors.

International Adoptions: Conducted within the framework of the Hague Convention, to which Türkiye is a party, and carried out solely by the unit designated as the “Central Authority” by the Ministry. This unit ensures coordination between countries and oversees that procedures are carried out in the best interest of the child.

Additional Information: Under the Convention, each contracting state designates a “Central Authority.” In Türkiye, this authority is the General Directorate of Child Services of the Ministry of Family and Social Services. Therefore, the term “unit authorized as the Central Authority” refers to this institution.

 

What Are the Requirements for Adoption?
Applicants must meet certain legal and ethical criteria in the adoption process:

• Care of the Child: The applicant must have cared for and educated the child for at least one year.
• Best Interest of the Child: The adoption must serve the child’s best interests.
• Equality: The rights of the adoptive parent’s existing children must not be harmed.

Marital Status:

• Married couples must apply jointly and must either have been married for at least 5 years or both be at least 30 years old.
• Single individuals may adopt if they are at least 30 years old.
• A person wishing to adopt their spouse’s child must either have been married for at least 2 years or be at least 30 years old.
• Age Difference: There must be at least an 18-year age difference between the adoptive parent and the child.
• Consent: Written consent is required from the child (if capable of discernment) and, if applicable, from the legal guardian.
• Education: The adoptive parent must be at least a primary school graduate.
• Parental Consent: Consent of the biological parents is required (except in exceptional cases – Turkish Civil Code Articles 311–312).

 

Adoption Authorization Lawsuit
Adoption establishes a serious legal bond through a court decision. Therefore, the process is handled by the Family Court, which evaluates:

• Whether the applicants meet the adoption requirements,
• Whether the adoption is in the best interest of the child,
• Listening to all relevant parties, especially the child and the prospective adoptive parent(s).

Legal representation by a lawyer requires a special power of attorney. A general power of attorney is not sufficient for adoption cases.

 

Competent and Authorized Court
The competent court in adoption cases is the Family Court. If there is no Family Court in the place of residence, the case is heard by the Civil Court of First Instance. The authorized court is the court of the applicant’s (or the couple’s) place of residence.

 

Who Are the Parties in the Case?
From a procedural law perspective, adoption proceedings are considered non-contentious matters. Therefore, the distinction between plaintiff and defendant is not strictly defined, and the court conducts its own investigation ex officio.

In practice:

• The individual or couple wishing to adopt initiates the application.
• The case is generally filed against the institution responsible for the child (typically the Provincial Directorate of Family and Social Services) or the legal guardian.

The child to be adopted, if capable of discernment, is heard and their consent is sought; however, the child does not hold the status of a “defendant.”

 

Frequently Asked Questions

Is there an adoption contract?
Adoption is not merely a contract but a legal parent-child relationship established by a court decision. Therefore, the basis is a “court decision,” not a “contract.”

Is adoption possible without a court decision?
No. Adoption must be finalized through a court decision.

How does the process work?
An application is submitted to the Provincial Directorate of Family and Social Services in the relevant province by appointment. After submitting the required documents, an evaluation process begins. If approved, a court case is filed.

Can a niece or nephew be adopted?
Kinship does not constitute a legal barrier to adoption. The Turkish Civil Code does not prohibit relatives from adopting. Therefore, individuals such as uncles or aunts may adopt their nieces or nephews. However, in practice, authorities carefully assess whether the adoption serves the child’s best interests.

Does the civil registry change?
Yes. Following the adoption decision, the adoptive parents are registered as the child’s legal parents, and the biological family information is no longer visible.

How much is the foster care allowance?
For the period July–December 2024, monthly foster care payments range approximately between 4,661 TL and 8,390 TL (excluding allowances), depending on the child’s age and education level, and are adjusted based on the civil servant salary coefficient.

Is a special power of attorney required?
Yes. A specific authorization for adoption must be granted to the lawyer.

Which authority issues the decision?
The competent authority is the Family Court. If unavailable, the Civil Court of First Instance is responsible.

How long does adoption take?
The process typically takes several months to one year, including evaluations and court procedures.

Who cannot be adopted?
Children who have the capacity to discern but do not give consent, or those under guardianship without the necessary permissions, cannot be adopted.

Can the child’s name be changed?
Yes. The adoptive parent(s) may request a new name and surname for the child, subject to court approval.