Legal Definition and Types of Adoption
Adoption is the legal acceptance of a child or an adult individual by a person or persons other than their biological family as their own child. According to the Turkish Civil Code, adoption allows the individual to live in a new family environment and gains them legal rights and responsibilities. Adoption aims to protect both minors and adults by creating family ties.
Adoption Requirements and Eligibility Criteria
There are various conditions for individuals who want to adopt. Married couples must have been married for at least five years or both spouses must be at least thirty years old. Single individuals can also adopt; however, they must be at least thirty years old. In addition, the adopter must be at least 18 years older than the person to be adopted. Social and economic conditions such as income, housing conditions, and criminal record are also examined in detail.
Application Process and Relevant Institutions
The adoption process begins with an application to the Provincial Directorate of Family and Social Services. Following the application, social workers evaluate the family wishing to adopt in terms of living conditions, psychosocial structure and adequacy of care. Applications deemed appropriate are referred to the Family Court and the process continues there. In Antalya, these procedures are carried out through the relevant courts and Social Services Directorates in the Antalya Courthouse.
Consent and Approval of the Child to be Adopted
If the person to be adopted is a minor and over the age of 12, his/her consent must also be obtained in court. In addition, the child's biological family must also give consent. However, this rule can be relaxed in some cases for children who have no family ties for a long time or who are under state protection. In all these processes, the best interests of the child are taken into consideration.
Temporary Maintenance and Inspection Process
Before the decision to adopt, the child must live with the family that wants to adopt and the adaptation process must be observed. This process usually lasts 1 year and is supervised by experts from the Ministry of Family and Social Services. During this period, experts prepare a report on the child's psychological state, relationship with the family and development.
Adoption Decision Made by the Court
After the temporary care process is completed, the Family Court evaluates all necessary documents and reports and makes the final adoption decision. With the court decision, the child is transferred to the adopter's population and the legal bond with the biological family ends. A new population record is prepared and the child's new surname and family information are determined.
International Adoption and Foreign Families
It is possible for foreign nationals to adopt from Türkiye, but this process is more complicated. Since Turkey is a party to the Hague Convention, foreigners must apply through the authorized institutions in their own countries. In addition, there is a requirement to work in harmony with the Ministry of Foreign Affairs of the Republic of Turkey and the relevant consulates. Such applications are frequently encountered in touristic areas such as Antalya.
Legal and Social Rights After Adoption
With adoption, the child gains all legal rights. He/she takes the adopter's surname, becomes his/her heir and can benefit from social security rights. In this context, the child benefits from all the rights of a biological child. At the same time, he/she is provided with education, health and social support services.
Annulment of Adoption and its Legal Consequences
The adoption decision can only be annulled in certain cases of serious violations. Situations such as the adopter mistreating the child or neglecting their care responsibilities can be considered within this scope. The annulment case is filed with the Family Court and social service reports are included in the process. In the event of annulment, the child returns to his/her previous legal status.
Local Practices and Special Considerations in Antalya
Antalya is one of the cities where adoption applications are made frequently due to its immigration-receiving structure and cosmopolitan population. Antalya Social Services Provincial Directorate works with expert staff to ensure that the processes are fast and transparent. In addition, civil society organizations and psychological counseling centers operating in the city provide support to adoptive families.
Expert Consultancy in Adoption Law with Billur Güler Aslım
Getting legal advice throughout the adoption process in Antalya ensures that the process is carried out safely and quickly. Lawyer Mediator Billur Güler Aslım offers professional support at every stage, from the preparation of adoption applications to the court process, from the evaluation of social service reports to the follow-up of official documents. This advice is of great importance in order to prevent loss of rights, to ensure that the processes are carried out in accordance with the legislation and most importantly to protect the best interests of the child.
Frequently Asked Questions
Is a lawyer necessary during the court process?
→ It is not mandatory, but it is recommended to ensure that the process is carried out quickly and without errors from a legal perspective.
Is there an age limit for adoption?
→ Yes. The adoptive parent must be at least 30 years old and there must be an 18-year age difference between them.
Can a single person adopt a child?
→ Yes. Single people can also adopt, but they are subject to additional evaluations.
How long does the process take?
→ It may take 12–18 months on average, depending on the social service evaluation and court decision.
Can foreigners adopt from Türkiye?
→ Yes. However, this process is carried out under the Hague Convention and includes more detailed procedures.
Does an adopted child benefit from the inheritance?
→ Yes. He/she has the same rights as a biological child.