Author/Authors :
KÜLAHÇI, Şölen Uluslararası Kıbrıs Üniversitesi - Hukuk Fakültesi - Medeni Hukuk Anabilim Dalı, Turkey
Abstract :
In Turkish Law, adoption is regulated in articles between 305-320 of the Turkish Civil Code. On the other hand, in the TRNC Law, it is regulated in Chapter 274 of the Statute Regulating the Issues of Adoption of the Children. Under Turkish Law, adoption is handled in two separate context; one is the adoption of minors and the other one is the adoption of interdicted persons and the adults. However, under TRNC Law, adoption is only regulated in terms of adoption of the minors. Since the British period, Chapter 274 have been applied both by the Turks and the Greeks; thus, the Courts of the TRNC takes into account of the decisions of the Southern Cyprus Courts in this issue. It has been considered that adoption serves two main purposes. First, it is designed to provide children to the people who do not have child and also to maintain the right to give their family name and inheritance to the adopted child. Second, adoption ensures raising and caring the adopted children in a family environment. By the adoption, an unnatural lineage based on court decision is established between parent and the child. Both the Turkish Law and the TRNC Law accepts this statute. Thus, it appears that the definition of the adoption as a concept of “contractual agreement” in the Turkish Family law has been abondoned.
NaturalLanguageKeyword :
Adoption , Adopted child , Lineage , Turkish Law , TRNC Law
