Paternity Suit In Turkey

Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr

This article explains about the case related to Paternity Suits in Turkey. Results of Paternity suits will enable the mother to request financial support from the father.

The current Turkish Civil Code, has regulated the paternity suit, as a legal mean having the purpose to determine the father of the child born out of the wedlock. The Turkish Civil Code provides two types of paternity suit: the paternity suit with pecuniary effects, which does not create a legal filiation link between the father and the child; the paternity suit with personal effects which creates a legal filiation link between the father and the child.

The paternity claim is often complicated to prove in the beginning of the paternity suits due to lack of direct evidence. Thus, Turkish Civil Code related to Family Law section created a concept to ease proof of the paternity. This concept called as “Presumption of Paternity”. According to this presumption, in case defendant has had a sexual relation with the mother prior to 300 days of birth, he must be considered as a father of child.

Accordingly, in case of paternity of father will be linked with a child, the mother will have right to ask material support for child from the father.  The defendant can reverse this presumption by proving that the birth is not linked to his sexual relation. In case, the proofs with scientific evidence that he cannot be the father of the child, he can avoid the effects of the presumption. The defendant can also reverse the presumption by proving that serious doubts exist in regard of his paternity. For example, the defendant can defend himself by the exceptio plurhun, i.e. by proving that the mother has had sexual relation with many men, during the critical period.

Final Solution DNA TEST

Paternity suits started to be completed quickly via request DNA test from the father. DNA request is also regarded as presumption concept (Presumption of Paternity). Previously the time DNA tests were so much expensive and rare, look of a child, color of the child’s eyes, physical characteristic of the child were so important in order to understand father’s paternity.

Now, mother of a child can file a paternity suit with petition containing story of relation. The story can be also proved by emails, photographs and witnesses. Nowadays, in paternity presumption concept, request of DNA test from father is main factor. If mother by the court will request DNA test from the father for her child in paternity suit, father must response this call. Otherwise, rejection of father regarding DNA test will be regarded as paternity presumption.

During the suit, in case the father will reject going to forensic hospital for DNA test, presumption of paternity of father will come to an issue. DNA test results will play main role for determination of paternity and link with the child. Blood or salivary must be given to forensic institution to be enabled to learn paternity from laboratory.

As mentioned above, paternity connection with child and father will give a right to a mother for request material support for child such as an alimony. This support will be determined by the court based on income of the father and other financial fact.

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