The issue of how the paternity relationship between children born out of wedlock and their fathers is established is of great importance. This is because the paternity relationship is a legal concept with many consequences, ranging from citizenship to inheritance rights. The provisions regarding the paternity relationship between the child and the parents are regulated in the Turkish Civil Code No. 4721.
According to Article 282 of the Turkish Civil Code No. 4721, the paternity between the child and the mother is established at birth. In other words, the paternity relationship between the mother and the child is automatically established at birth. The paternity relationship between the child and the father can be established in several ways. The first of these is if the father is married to the mother. That is, the man who is married to the mother at the time of the child’s birth is presumed to be the father of the child. Pursuant to Article 285 of the Turkish Civil Code No. 4721, the husband is the father of the child born during the marriage or within three hundred days after the termination of the marriage.
In the case of a child born out of wedlock, the paternity between the child and the father can be established either by recognition or by a court decision. Accordingly, if the child is born out of wedlock, the biological father can establish the paternity relationship with the child by making a declaration of recognition beside the civil registry officers. If the biological father is willing to recognize the child, he can quickly and easily establish the paternity with the child by making a declaration of recognition.
If the child born out of wedlock is not recognized and accepted by the biological father, a court decision is required to establish the paternity. Accordingly, the mother and the child have the right to file a lawsuit to establish the paternity between the child and the biological father. Pursuant to Article 303 of the Turkish Civil Code No. 4721, a paternity lawsuit can be filed before or after the birth of the child. The mother’s right to file a lawsuit expires one year after the birth. In other words, the mother loses the right to file a lawsuit after the child turns one year old.
If the mother has not filed a lawsuit within the one-year period, the right to file a lawsuit belongs only to the child. Since the children cannot file a lawsuit on their own if they are under the age of 18, a guardian must first be appointed for the child through the court. The guardian appointed by the court must file a paternity lawsuit on behalf of the child within one year of being authorized by the court. The paternity lawsuit must be filed in the Family Court at the place of residence of one of the parties.
If there is a dispute between the parties in the paternity lawsuit, the court determines whether there is a paternity relationship between the parties by taking DNA samples. If the DNA test reveals that the defendant is the biological father of the child, the court decides to establish the paternity between the child and the father.
In Which Court Should a Paternity Lawsuit Be Filed in Turkey?
A paternity lawsuit should be filed in the Family Court at the place of residence of one of the parties.
Do I Need to Come to Turkey for a DNA Test?
When the court decides to conduct a DNA test, it is usually sufficient for the child and the father to provide DNA samples. In some cases, the mother may also need to provide a DNA sample to achieve an accurate result. In this case, providing the child’s and mother’s DNA samples to an authorized institution in Turkey will speed up the process. If the mother and child cannot come to Turkey, DNA samples can be taken in the country where they are located through international legal assistance. It should be noted that this process will take a long time.
How Much Are the Fees for a DNA Test?
DNA test fees are determined by the Forensic Medicine Institute and are updated periodically. You can access the current prices on the official website of the Forensic Medicine Institute.
Can Child Support (Alimony) Be Requested in a Paternity Lawsuit?
In a paternity lawsuit, while requesting the establishment of the paternity relationship between the child and the biological father, alimony can also be requested to cover the expenses of the child deprived of the father’s support.
