Legal parentage refers to the legal bond between a child and their mother and father. Under the Turkish Civil Code, the establishment of parentage is closely linked to public order because it affects personal status and produces significant legal consequences, including inheritance, maintenance, custody, and surname.
In Turkish law, parentage may be established based on blood relationship or through adoption.
Methods of Establishing Parentage (TCC Art. 282)
Under the Turkish Civil Code, parentage is established as follows:
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Between the child and the mother: by birth
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Between the child and the father:
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by marriage to the mother
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by recognition
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by a court decision (paternity action)
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by adoption
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I. Establishing Parentage Based on Blood Relationship
A. Parentage Between the Child and the Mother
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Parentage between the child and the mother is established automatically by birth.
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Whether the mother is married is irrelevant for establishing maternity. The woman who gives birth is the child’s legal mother.
B. Parentage Between the Child and the Father
Paternity may be established in three main ways:
A. By Marriage to the Mother
Presumption of Paternity (TCC Art. 285)
A child is presumed to be the husband’s child if the child is:
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born during the marriage, or
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born within 300 days following the termination of the marriage.
This is known as the presumption of paternity.
The 300-Day Rule
If the marriage ends due to divorce, death, or annulment:
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the 300-day period starts from the date the decision becomes final or from the date of death,
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if the child is born within 300 days, the husband is, as a rule, deemed the father.
However, if it is proven that the mother conceived during the marriage, the presumption of paternity may apply even if the child is born after 300 days.
Action for Denial of Parentage
Where the presumption of paternity does not reflect the truth, an action for denial of parentage may be filed.
Who may file?
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the husband,
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the child,
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in certain cases, the husband’s descendants, the husband’s parents, or a person claiming to be the father.
Grounds
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factual impossibility for the husband to be the father,
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proof that the child is not from the husband’s sexual relationship,
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proof that the child was conceived before the marriage or during a period of separation.
Time limits
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Husband: within 1 year from learning the relevant facts,
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Child: within 1 year after reaching majority,
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If a guardian ad litem (kayyım) is appointed: within 1 year from the date of appointment.
With a denial of parentage judgment, the legal bond between the child and the husband is removed retroactively from birth.
B. Establishing Parentage by Recognition
Recognition is a unilateral declaration of intent made by the father of a child born out of wedlock, in the legally prescribed form.
Conditions for recognition
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The father must have discernment.
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Recognition may be made:
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before the civil registry officer,
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by written application to the court,
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by an official deed,
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by a will.
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The child must not already have legal parentage with another man.
A valid recognition establishes parentage retroactively from birth.
Annulment of Recognition
Recognition may be annulled on grounds such as:
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defects in form,
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defects of consent (mistake, fraud, duress),
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proof that the recognizer is not the father.
An annulment action may be filed by the mother, the child, the public prosecutor, the Treasury, and other interested persons.
C. Paternity Action (Establishment by Court Decision)
The mother or the child may file a paternity action for a child born out of wedlock.
Conditions
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The child must not already have legal parentage with another man.
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The defendant is the man alleged to be the father.
Presumption in the Paternity Action
If the defendant had sexual intercourse with the mother within the 300–180 days prior to birth, this constitutes a presumption of paternity.
Time limits
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Mother: within 1 year from birth,
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Child: within 1 year after reaching majority,
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where there is a justified reason, within 1 month from the disappearance of that reason.
Consequences of a Paternity Judgment
By court decision:
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parentage is established between father and child,
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the father assumes maintenance and care obligations for the child,
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the mother may claim:
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birth-related expenses,
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living expenses for the period before and after birth,
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other costs arising from pregnancy.
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Our Legal Support as Avrasya Law Office
Parentage-related proceedings require specialized expertise due to strict time limits, the burden of proof, and their public-order dimension. As Avrasya Law Office, we provide effective and diligent legal consultancy in denial of parentage actions, annulment of recognition, paternity actions, and correction of civil registry records.
