If a child is born in marriage, the mother's spouse is automatically the father of the new-born child. The law assumes, or presumes, that the father is also the biological father of the child. If this father is not the biological father, this must be clarified in court under Turkish law. In such cases, paternity must first be revoked by contesting paternity. Only then is it possible to bring the recognition of paternity in court (Section 295, Paragraph 3 of the Turkish Civil Code / TMK 295/3). If an unmarried couple has a child, the mother's partner is not automatically considered the father of this child. In this case, the child must first be recognized. Recognition can be made by giving evidence to the civil registrar or in court, among other things. If the father does not recognize the child, the mother and the child themselves have the right to sue. It should be mentioned here that recognition in Germany or abroad in Turkey does not immediately become legally binding. As a result, this recognition of paternity must be registered in Turkey so that it becomes legally binding under Turkish law. The period for filing a lawsuit for the person recognizing or for the mother is shorter than the period for the child. However, the challenge requires additional conditions for the admissibility of the challenge/lawsuit.
For more information on the period for filing a lawsuit, the process, and the consequences of paternity on inheritance and maintenance obligations, please contact us.
Attorney Dr. Ercan YAŞAR
İstanbul / Türkiye
