Adoption in Turkey: Legal Process

In Turkey, adoption is a legal process that establishes a kinship between the adopter and the adopted person and has important consequences from family law to inheritance law. Since adoption takes place with a court decision, it is imperative to file a lawsuit for adoption and to get support from a family law lawyer.

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As Viridis Legal Partners, your family law attorney in Turkey, we are here to support you in your adoption procedures and cases.

What is Adoption In Turkey?

Adoption in Turkey is a family law institution that enables the establishment of descent between the adoptee and the adopter by a court decision. This issue is regulated by Article 282/3 of the Turkish Civil Code, which states that ‘’ The kinship is also established through adoption. ‘’. In other words, adoption is a legal transaction in which a person includes another person, whether a child or an adult, into her/his own family lineage.

Adoption Conditions In Turkey

Article 305 and the following articles of the Turkish Civil Code regulate the conditions, process, and consequences of adoption. Article 305 of the TCC regulates the conditions for adoption of children and Article 313 regulates the conditions for adoption of adults and restricted persons.

‘’ A. Adoption of minors 

1. General conditions 

Article 305- 

The adoption of a minor is subject to the condition that the minor has been cared for and educated by the adopter for one year. 

In any case, the adoption must be in the best interests of the minor and the interests of the other children of the adopter must not be unfairly prejudiced. ‘’

Accordingly, the adoption of minors under the age of 18, i.e. children, is subject to the condition that the child to be adopted must have been cared for and educated by the adopter for at least one year. In addition, the adoption must be in the best interests of the child and must not unfairly harm the interests of the other children of the adopter.

‘’ B. Adoption of adults and restricted persons 

Article 313- 

With the explicit consent of the adopter’s descendants, an adult or a restricted person may be adopted in the following cases 

1. If the adoptee is in constant need of assistance due to physical or mental disability and has been cared and looked after by the adopter for at least five years,
2. If he/she was cared for and educated by the adopter for at least five years when he/she was a child, 
3. Other justified reasons exist and the adopted person has been living with the adopter as a family for at least five years. 

A married person can only be adopted with the consent of his/her spouse. 

Other than these, the provisions on the adoption of minors shall be applied by analogy.‘’

According to Article 313 of the Turkish Civil Code regulating the adoption of adults and restricted persons in Turkey, if the person to be adopted is an adult, i.e. not a child, the other descendants of the adoptee, if any, must consent to the adoption and if the adoptee is married, her/his spouse must also consent to the adoption. In addition, the adopter must have cared for the adoptee for at least five years or the adopter and the adoptee must have lived in a family union for at least five years.

It should also be noted here that in Turkey, if the adopter or the adoptee is under guardianship, permission must be obtained from the civil court of peace, which is the guardianship authority, and the civil court of primary jurisdiction, which is the supervisory authority, pursuant to Article 463/1-1 of the TCC.

Joint Adoption In Turkey

In Turkey, joint adoption is a form of adoption in which a married couple includes the adoptee in their family lineage as if the adoptee was born within the marriage union. Article 306 of the TCC regulates the conditions for joint adoption.

‘’ II. Joint adoption 

Article 306- 

Spouses may only adopt a child together; unmarried persons may not adopt a child together. 

The spouses must have been married for at least five years or have reached the age of thirty. 

One of the spouses may adopt the child of the other, provided that they have been married for at least two years or he/she has attained the age of thirty. ‘’

In Turkey, it is not possible for unmarried persons to include another person in their family tree through adoption as if they were a joint child. As a general rule, it is also not possible for married persons to adopt a child alone. In order for a married couple to adopt a child, they must have been married for at least five years or they must be over the age of thirty. It is also possible for one of the spouses to adopt the child of the other. For this, the spouses must have been married for at least two years and the adoptive spouse must be over the age of thirty.

Single Adoption in Turkey

In Turkey, sole adoption can be defined as the adoption of a child by single persons or the adoption of a child by married persons, if they have the conditions, to include the child in their family line, but not their spouse’s family line.

‘’ III. Single adoption 

Article 307- 

An unmarried person may adopt a child alone if he/she has reached the age of thirty. 

The spouse who has attained the age of thirty may adopt a child alone if he/she proves that it is not possible to adopt a child together because the other spouse is permanently deprived of the power of discernment or his/her whereabouts are unknown for more than two years or he/she has been living separately from his/her spouse for more than two years by a court decision. ‘’

In Turkey, single persons may adopt on their own if they are over the age of thirty. Married persons may adopt alone only if the other person is permanently deprived of the power of discernment, has been missing for more than two years, or if the spouses have been separated for more than two years and joint adoption is not possible.

Age and Consent of the Child To Be Adopted In Turkey

Article 308 of the TCC stipulates the conditions for the adoption to take place regarding the age difference between the child and the future parent in case the adoptee is a child and the consent of the child.

‘’ IV. Consent and age of the minor 

Article 308- 

The adopted person must be at least eighteen years younger than the adopter. 

A minor who has the power of discernment cannot be adopted without his/her consent. 

A minor under guardianship may be adopted with the authorisation of the guardianship authorities, regardless of whether he/she has the power of discernment. ‘’

In Turkey, if the adopted minor has the power of discernment, her/his consent must be obtained. In addition, similar to Article 432 of the TCC, it is stated that if the child is under guardianship, the permission of the guardianship authorities must be obtained for adoption. Guardianship offices are the civil court of peace, which is the guardianship authority, and the civil courts of primary jurisdiction, which is the supervisory authority. Also, a minimum age difference of eighteen years between the adopted child and the adopter is one of the conditions for adoption.

Consent of the Biological Parent

The consent of the biological parents must be obtained before the adoption of a child. The manner in which this consent shall be given, when it may be given, withdrawal of consent and re-giving consent, and the cases where the consent of the biological mother and father is not required in adoption are shown in Articles 309 and following of the TCC.

• Consent of parents 
• Figure 

Article 309- 

Adoption requires the consent of the minor’s parents. 

The consent shall be given orally or in writing before the court in the place where the minor or his/her parents reside and recorded in the minutes. 

The consent shall be valid even if the names of the adopters are not specified or the adopters have not yet been identified.

Obtaining the consent of the child’s parents is regulated as a prerequisite for adoption in Turkey. The consent is given verbally or in writing and recorded in the court where the child resides. The consent does not need to include the names of the adopters or the adopters need not be known at the time of consent.

‘’2. Time Of The Consent 

Article 310- 

Consent cannot be given before six weeks after the birth of the minor. 

The consent may be withdrawn by the same procedure within six weeks starting from the date of its recording. 

Consent given again after withdrawal is final. ‘’

In Turkey, to consent to the adoption of a child, at least six weeks must have elapsed since the birth of the child. Biological parents have the right to withdraw their consent to the adoption of a child. If the parents do not exercise this right within six weeks, their rights are revoked. However, if the parents give their consent again after withdrawing their consent for adoption, they do not have the right to withdraw their consent for the second time.

‘’3. Not requiring consent 

1. Conditions 

Article 311- 

In the following cases, the consent of one of the parents is not required: 

1. if his or her identity or long-term residence is unknown or if he or she is permanently deprived of the power of discernment, 

2. If he/she does not fulfil his/her duty of care towards the minor sufficiently.‘’

There are three exceptions to the rule of obtaining the consent of the biological mother or father for adoption in Turkey. If the identity or location of the parents cannot be determined, if the mother or father is permanently deprived of the power of discernment, or if the mother or father does not fulfill the duty of care towards the child, the consent of the parent will not be required.

‘’b. Decision 

Article 312- 

If a minor is placed in an institution for the purpose of future adoption and the consent of one of the parents is missing, upon the request of the adopter or the institution acting as an intermediary in the adoption, and as a rule, before the placement of the minor, the court of the place of residence of the minor shall decide whether or not to seek such consent. 

In other cases, the decision on this matter shall be made during the adoption proceedings. 

In the event that consent is not sought due to the failure of one of the parents to fulfil the duty of care towards the minor sufficiently, the decision on this matter shall be notified to him in writing. ‘’

The court may decide that the consent of the biological parent is not required for adoption in Turkey. In case the child to be adopted is placed in an institution for adoption, if one of the biological parents still does not consent to the adoption, the court decides that consent is not required upon the request of the adopter or the institution.

International Adoption In Turkey

International adoption, i.e. the adoption of a Turkish child by a person residing in a foreign country or a foreign child by a person residing in Turkey, is regulated under the Hague Adoption Convention and the Regulation on the Execution of Intermediary Activities in the Adoption of Minors. While the General Directorate of Social Services and Child Protection Agency is the responsible institution for intercountry adoption, the Department of Child Services of the General Directorate of Social Services and Child Protection Agency is the central authority. The country of the adopted child is called the country of origin and the country of the adopters is called the receiving country.

Adoption Of A Turkish Child By A Foreigner.

It is possible for a Turkish child to be adopted by a person residing in a foreign country. The foreigner can start the process by applying to the central authority of his/her country. Adoption of a Turkish child by a foreigner is regulated in Article 16 of the said Regulation.

‘’ARTICLE 16 – (1) Intercountry adoption is possible if the minor cannot be placed for adoption in Turkey and the inter-country adoption is in the best interests of the minor.

(2) Applications for intercountry adoption shall be made in accordance with the procedure laid down in Article 5 of this Regulation.

(3) The Central Authority shall request the central authority of the receiving State to prepare a file containing a social investigation report and supporting documents about the adoptive person or spouses, indicating their family, health history, social environment, reasons for adoption, their capacity and suitability for adoption, their ability to undertake an international adoption and the characteristics they are looking for in the minor they wish to adopt.

(4) If, as a result of the examination of the prepared file, the central authority of the receiving State approves that there is no objection to placing a minor for adoption with the applicants, the file shall be placed in the queue. The date of transmission of the file to the Central Authority shall be taken as the basis for the placement of the minor. However, priority shall be given to Turkish citizens whose place of residence is abroad, those who are Turkish citizens by birth but renounced their citizenship with the permission of the Ministry of Interior, and persons and spouses who have linguistic and cultural affinity with the minor to be adopted.

(5) In inter-country adoption applications, the preparation of the file shall be subject to the rules of the receiving State. In case of a negative notification by the receiving State, the file shall be cancelled.

(6) The file of the minor sent by the Central Authority to the central authority of the receiving State shall include a copy of the identity card, a copy of the protection order, police reports if the minor has been abandoned, copies of the decisions issued by the relevant courts within the scope of Articles 309 or 311 of the Turkish Civil Code, a doctor’s report on the state of health, a social investigation report, the permission of the parent or guardian to go abroad, a document or visa stating that the minor has or will have the right to enter and reside in the receiving State for one year, documents and photographs containing information on the special needs of the minor.

(7) The Central Authority shall prepare a report containing information on the identity of the minor, his/her suitability for adoption, his/her and his/her family background, his/her social environment, his/her and his/her family health history and the special needs of the minor. The report shall include opinions on the suitability of intercountry adoption for the best interests of the minor, taking into account in particular the minor’s upbringing conditions, citizenship status, religion, language and cultural background.

(8) Prior to the surrender of the minor, an agreement on the adoption of the minor must have been reached between the Central Authority and the central authority of the receiving State.

(9) The documents necessary for the adopter or spouse to take the minor to the country of residence shall be sent by the central authority of the receiving State to its consulate in Turkey. ‘’

Adoption Of A Foreign Child By A Turkish Person

It is possible for a child residing in a foreign country to be adopted by a Turkish citizen. Here, the country where the foreign child resides will be the country of origin and if the country where the child is a citizen is a party to the Hague Convention, the process will be carried out according to the similar provisions of the legislation of the country of origin. In addition, it is also possible for a Turkish citizen married to a foreigner to adopt the child of his/her spouse and for the adoption in a foreign country to be recognised in Turkey. In addition, pursuant to Article 17 of the Turkish Citizenship Law No. 5901; ‘A minor adopted by a Turkish citizen may acquire Turkish citizenship as of the date of the decision, provided that there is no obstacle in terms of national security and public order.’.

Adoption Process in Turkey

The adoption process in Turkey starts with the adoption application. Upon the completion of the social examination process, if the adoption application is deemed appropriate, the adopter is introduced to the child and the Adoption Temporary Care Agreement is signed and the child is placed with the adopters. After the adopted child is cared for and educated by the adopters for one year, an adoption case is filed. The adoption is finalised by a court decision.

Adoption Application and Appointment

The application for adoption can be made by Turkish citizens residing in Turkey to the Provincial Directorate of Family and Social Services or via E-Government for the first application. If abroad, an application must be made to the authorised institution for intercountry adoption of the country of residence.

Upon the adoption application, an information appointment is first made. At this appointment, it is assessed whether the applicant is suitable for adoption and the applicant is informed in detail about the legal and social consequences of adoption.

No documents are required for the initial application or for the information appointment. The documents listed below must be prepared and submitted to the Provincial Directorate of the Ministry of Family and Social Policies in Turkey within two months from the date of application.

• A copy of the civil registration certificate,
• Criminal records of the applicant and the family members he/she lives with,
• Documents showing wealth, income and social security status,
• Document of place of residence,
• Document showing education status,
• Medical report,
• A residence permit from foreign citizens living in Turkey or citizens of the Republic of Turkey living abroad and a document stating that the minor is or will be allowed to enter the receiving country and reside there permanently.

The application is considered to be received in the queue with the date the documents are submitted to the institution. The Provincial Directorate of Family and Social Policies evaluates the documents and decides whether the procedures will continue or not. If it is decided that the application will continue, the social investigation process is initiated for the applicant or applicants.

Social Examination

The investigation carried out by the Provincial Directorate of Family and Social Policies to assess whether the applicants are suitable to be parents is called social examination. In this context, the relevant unit of the Provincial Directorate makes announced and unannounced visits to the applicants’ home, social environment and workplace.

If it is decided at the end of the social examination that the applicant is suitable for adoption, the child is introduced to the applicant or applicants for adoption and an adoption temporary care contract is signed between the applicants and the Provincial Directorate.

Adoption Temporary Care Contract

Adoption temporary care contract can be defined as a contract signed between the applicants for adoption and the Provincial Directorate of Family and Social Policies where the care and education of the child to be adopted for one year before adoption is undertaken under the supervision of the Provincial Directorate.

According to Article 305 of the Turkish Civil Code, the adoption of a child is subject to the condition that the child is cared for and educated for one year. The one-year pre-adoption temporary care period takes place within the scope of the adoption temporary care contract. During this period, the Provincial Directorate supervises the adopters with or without notice and provides counselling when necessary. If the Provincial Directorate has a negative opinion during this period, the child is taken back without waiting for the end of the one-year period.

Adoption Lawsuit In Turkey

In Turkey, adoption lawsuit is the final stage in the establishment of the adoption relationship and the kinship relationship between the adopter and the adoptee can only be established by a court decision. Adoption proceedings must be initiated upon the application for adoption, social examination and finally upon the favourable conclusion of the one-year care and education period.

Adoption lawsuits will also need to be filed for the adoption of adults and restricted adults.

The plaintiff in the adoption case will be the adopters. The defendants will be the biological parents of the child to be adopted and the Provincial Directorate of the Ministry of Family and Social Policies. The court in charge of the adoption case will be the Family Court, and the competent court will be the court of residence of the adopter in the case of single adoption, and the court of residence of one of the adopters in the case of joint adoption.

The duration of the adoption proceedings varies depending on factors such as the consent of the biological parent to the adoption and the intensity of the court where the case is filed. If it is also requested to determine that the consent of the biological parent is not required within the scope of the case, the duration of the adoption case will be extended if these parents file appeals and appeals against the local court decision. However, if the biological parents have consented to the adoption, adoption proceedings may take six months to one year.

Legal Consequences of Adoption In Turkey

Under Inheritance Law In Turkey

The establishment of kinship through adoption also has consequences under inheritance law. The adopted child becomes the heir of the adopter like his/her descendants. As this issue is stated in Article 314 of the TMK within the scope of the provisions of adoption, ‘’ It is also regulated in detail in Article 500 of the TMK under the subtitle of ‘’Legal Heirs‘’.

‘’ C. Adoption 

Article 500- 

The adopted child and his/her descendants shall inherit from the adopter as blood relatives. The heirship of the adopted child in his/her own family also continues. 

The adopter and his relatives shall not inherit the adopted child.‘’

In Turkey, the adopted child is treated as the natural child of the adopter in inheritance. Therefore, both the adoptee and the adoptee’s descendants are heirs to the adopter or adopters. However, the heirship of the adoptee to his/her biological parents also continues. The adopter cannot be heir to the adoptee. For this reason, if the adoptee dies before the adopters without any descendants, the adoptee’s natural parents are the heirs of the adoptee.

Custody and Alimony

Upon the establishment of paternity through adoption, the rights and obligations of the biological parents of the adopted child pass to the adopters.

Change of Name and Surname

In case of the adoption of a child in Turkey, the adopted child takes the surname of the adopters. In the case of the adoption of an adult, he/she can take the surname of the adopter if he/she wishes. However, the adopter may also change the name of the adopted child if he/she wishes.

Prohibition of Marriage and Adoption

Article 129 of the TCC prohibits marriage between the adopter and the adopted child. The Turkish Civil Code, endeavouring to make the relationship between the adoptee and the adoptee as similar as possible to real paternity, provides that there is a prohibition of marriage between the adopter and the adoptee or between one of them and the other’s descendants and spouse.

Viridis Legal Partners: Adoption Lawyer In Turkey

Adoption cases whether they are international or national are cases that involve many legal technical details and may have severe consequences in the event of a negative outcome and therefore must be carried out with care and expertise. Issues such as the proof of the facts on which the adoption is based, the consent process of the biological parents or the determination that the consent of the biological parents is not required make it necessary to carry out the case from beginning to end without error. For this reason, adoption cases should be carried out with a family law attorney from beginning to end.

As Viridis Legal Partners, we are at your side to ensure the best results in your adoption cases in Turkey. As your family law attorneys in Istanbul, we are here to achieve the most favourable results from the beginning to the end of the adoption process.

Contact us today to benefit from our Turkish adoption lawyer services in your adoption cases.

Frequently Asked Questions

How long does an adoption case take in Turkey?

Depending on the behaviour of the birth parents and the intensity of the court proceedings, the duration of adoption proceedings varies. However, adoption cases usually last between 6 months and 1 year.

How much does an adoption case cost in Turkey?

The adoption case fee includes attorney’s fees, court fees and costs. The attorney’s fee in adoption cases is at the discretion of the lawyer, and the fees and court costs are approximately 10,000TL as of 2025.

Why is an adoption lawyer necessary in Turkey?

In Turkey, adoption is necessarily the result of a lawsuit and a court decision. Therefore, it is essential to get legal support from an adoption lawyer.

How is the consent of the biological parent obtained during the adoption process in Turkey?

As a rule, the biological mother and father must also give their consent for adoption in Turkey. However, there are also exceptions to this rule.

Can single people adopt in Turkey?

Yes, single persons can adopt alone in Turkey.