Adoption is a relationship that is established by the judge's decision and produces results similar to natural family ties. It is regulated in TMK articles 305-320.
Adoption of Minors (TMK article 305)
- The minor must have been cared for for at least 1 year
- Being trained
- Adoption is for the benefit of the minor
- The interests of other children should not be harmed in an unfair way
Conditions for the Adoptor
- Married couples: Being married for at least 5 years or both being over 30 (TMK article 306)
- Single adoption: Being over 30 years old (TMK article 307)
- Age difference: The adopter must be at least 18 years older than the adopted person
- Consent of the minor's parents (TMK article 309)
Adoption of Adults (TMK article 313)
Adults can also be adopted if one of the following conditions is met:
- Being physically or mentally disabled and in need of constant help and being cared for by the adopter for at least 5 years
- Being cared for and educated by the adopter for at least 5 years when he/she was young
- Existence of other justified reasons and having lived together in the home economy for at least 5 years
Process
Consequences (TMK article 314)
- An adopted person is considered a descendant of the adopter
- The surname is transferred to the adopter
- The minor's family relationship with his parents ends (blood ties remain, legal ties end)
- The right to inheritance arises
Cancellation (TMK article 317)
Adoption made when there are no legal conditions can be annulled. Duration: 1 year (from learning), 5 years (from finalization of the decision).
Court in Charge
Family Court, place of residence of the adopter.
The adoption process is a long and sensitive one. Family law lawyer support is recommended.