CONSENT TO ADOPTION


Ozcan D.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, vol.75, no.2, pp.707-722, 2017 (Journal Indexed in ESCI) identifier identifier identifier

  • Publication Type: Article / Article
  • Volume: 75 Issue: 2
  • Publication Date: 2017
  • Doi Number: 10.1016/j.chiabu.2017.07.011
  • Title of Journal : JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Page Numbers: pp.707-722

Abstract

According to Turkish Civil Code, apart from the other conditions, the consent of the related parties is required for adoption in accordance with the characteristics of each concrete case. If the adopted person is a minor the consent of the child's mother and father is required. It has been discussed whether this consent of the parents is a matter of parental rights or of personal rights. The Code describes under what conditions the consent of a parent shall not be required. Other than that, if the child is placed in foster care with a view of subsequent adoption and the consent of one parent is not forthcoming, the court may decide to dispense with the consent of a parent. If the child to be adopted has capacity of discernment, its consent is required. The existence of the capacity of discernment is to be decided by the court in accordance with the concrete case. The consent of the guardianship supervisory is required in case the child has a legal guardian. The legal guardian is obliged to apply to the guardianship supervisory for such consent. If the person to be adopted is an adult his/her own, if married his/her spouse's, and if existing the adoptive parents' issues' consents are required. Where for consent has not been obtained based on a just cause or a defect in consent is occurred, an action to challenge the adoption may be brought within the terms of Article 317 of Turkish Civil Code.