Legal Nature, Procedure, and Key Differences
Growing up in a family environment where children experience love, security, acceptance, and a sense of belonging is vital for their psychological, social, and emotional development. Accordingly, Turkish law provides two fundamental child protection and family institutions based on the best interests of the child: foster care and adoption.
Although both institutions aim to protect the child and ensure healthy development, they differ significantly in terms of legal nature, permanence, and the rights and obligations they create for the parties.
I. Foster Care Service
Foster care is an alternative child protection model under which children who cannot be cared for by their biological families for various reasons are placed, under state supervision and oversight, in a safe and supportive family environment for care and upbringing.
Foster families are individuals or families who share with the state the responsibility for the child’s care, education, and upbringing, assuming this role on a short- or long-term basis, either voluntarily or for remuneration. Through this system, the child is removed from institutional care and given the opportunity to grow up in a family setting, develop social skills, and strengthen integration into society.
Foster care is, as a rule, temporary. The service may end if the child returns to the biological family, another legal solution is applied, or circumstances change. In practice, however, emotional and factual bonds between the child and the foster family may continue even after the service ends.
Children placed with foster families are monitored monthly during the first year and quarterly thereafter by social service professionals. These assessments evaluate the child’s psychosocial development, educational status, and family adaptation. Where statutory conditions are met, foster families may also receive financial and social security support.
To become a foster family, applicants must be Turkish citizens, reside permanently in Turkey, be between 25 and 65 years of age, have at least a primary school education, possess a regular income, and not be the child’s biological parents or legal guardians.
II. Adoption
Legal Nature of Adoption
Adoption is a legal institution regulated under Articles 305 et seq. of the Turkish Civil Code, established by a court decision and creating a permanent legal parent–child relationship between the adopter and the adoptee. It is closely related to public order and is examined ex officio by the judge with particular care.
Unlike foster care, adoption produces permanent and irreversible legal consequences.
Adoption of Minors
A. General Conditions
For the adoption of a minor:
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The adopter must have cared for and educated the child for at least one year,
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The adoption must serve the best interests of the child,
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The interests of the adopter’s other children must not be unfairly harmed.
The judge evaluates each case by prioritizing the child’s physical, psychological, and social development.
B. Conditions Relating to Adopters
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Married persons generally adopt jointly.
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The spouses must have been married for at least five years or have reached the age of thirty.
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One spouse may adopt the other spouse’s child (stepchild) under statutory conditions.
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Unmarried persons may adopt individually if they have reached the age of thirty.
C. Conditions Relating to the Adoptee
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There must be an age difference of at least 18 years between the adopter and the adoptee.
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The consent of a minor with discernment is required.
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If the minor is under guardianship, permission of the guardianship authority is required.
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As a rule, the consent of the biological parents is required, except in statutory exceptional cases.
3. Adoption of Adults and Restricted Persons
The adoption of adults or restricted persons requires:
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Explicit consent of the adopter’s descendants,
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Care and supervision for at least five years,
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Existence of justified reasons.
In such cases as well, adoption must serve the interests of the adoptee.
Legal Consequences of Adoption
Upon adoption:
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Custody is transferred to the adopter,
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The adoptee becomes a legal heir of the adopter,
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A permanent prohibition of marriage arises between the parties,
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If the adoptee is a minor, they take the adopter’s surname.
The legal ties between the adoptee and the biological family are not completely severed; rights preserved by law—particularly regarding inheritance and maintenance—remain protected.
Termination of Adoption
The adoption relationship may be terminated only through an annulment action in cases such as:
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Invalid consent,
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Serious violation of statutory conditions.
An annulment action must be filed within one year from learning of the ground, and in any case within five years from the adoption.
III. Key Differences Between Foster Care and Adoption
In foster care, no legal parentage is established between the child and the family, and custody remains with the state. In adoption, a legal parent–child relationship is established, and custody fully passes to the adopter. While state supervision and monitoring continue in foster care, such supervision ends after adoption. Foster care is primarily an administrative process, whereas adoption is a judicial process.
Accordingly, the appropriate path should be determined through expert legal advice, taking into account the child’s circumstances, the expectations of the families, and the legal consequences involved.
Our Legal Support as Avrasya Law Office
As Avrasya Law Office, we provide comprehensive legal consultancy and case management services in foster care and adoption processes—from pre-application assessment to completion. We offer effective legal representation in evaluating eligibility conditions, preparing documentation, conducting administrative and judicial procedures, and handling objections and litigation stages.
Our guiding principle in all our work is the protection of the child’s best interests and the legal security of our clients.
