In Turkish Law, the conditions for adoption are stipulated in the Turkish Civil Code as follows:
- A minor can be adopted if they have been cared for and educated by the adopter for a period of one year.
- Adoption must always be in the best interest of the minor, and it should not unjustly harm the interests of the adopter’s other children.
- The adopted child must be at least 18 years younger than the adopter.
- A minor capable of discerning cannot be adopted without their consent.
- A minor under guardianship can be adopted with the permission of the guardianship authorities, regardless of whether they are capable of discernment.
- Adoption requires the consent of the minor’s biological parents.
- Spouses can only adopt together; unmarried individuals cannot adopt together. An unmarried person can adopt alone if they are over thirty years of age.
- Spouses must have been married for at least five years or be at least thirty years old. However, one spouse can adopt the other’s child if they have been married for at least two years or if the adopting spouse is at least thirty years old.
An adult or a person with a disability can be adopted under the following conditions with the explicit consent of the adopter’s descendants:
- Due to physical or mental disability, they are in continuous need of assistance and have been cared for and overseen by the adopter for at least five years,
- They have been cared for, overseen, and educated by the adopter for at least five years when they were a minor,
- Other justified reasons exist, and the adoptee has been living with the adopter in a family setting for at least five years.
According to the Law on Private International Law and Procedure, the eligibility and conditions for foreigners to adopt are subject to the national law of each party at the time of adoption. Therefore, the adoptee must meet the adoption conditions according to their own legal system. In cases of adoption and being adopted, the consent of the other spouse is governed by the national laws of the spouses applied together. The provisions of adoption are subject to the national law of the adopter, and in cases where spouses adopt together, it is subject to the law governing the general provisions of marriage.
In line with the mentioned conditions and provisions, an adoption lawsuit is initiated with the request to establish an adoptive relationship.
