Türk Hukukunda küçüklerin evlat edinilmesi
Özet
establishes a parentage relationship between the adopters and the adoptee. But there is a point that separates this institution from the other ways, which establish a parentage relationship. Other ways establishing the parentage relationship depend on the blood relationship in a way.Though the institution of adopting a child has many benefits, there are a number of disadvantages. But since the benefits of this institution outweigh, we can see this institution in the law systems of many countries and the laws that make this institution simpler and simpler come into existence.The lawmaker stipulates a number of conditions for adopting a child. One of the conditions stipulates that the adopter should obtain the consent of the adoptee. Besides, it also seeks the consent of the legal representative.In order to adopt a small kid the Turkish civil law stipulates that the adopter should take care of the said child and educate him/her for one year. The state of adopting a child must be to the advantage of the adoptee. Another condition to adopt a child is that the state of adopting a child should not let the adoptee damage the benefit of the other kids in an unjust manner.It is necessary for the spouses to be married for 5 years at least to adopt a child. The Turkish civil law imposes an alternative one to this condition. It is the condition of the spouses to be over thirty. The Turkish civil law stipulates that the spouses should be married for two years at least for one of the spouses to adopt the child of the other one. There is an alternative to this condition. The spouse to adopt the step child must be over thirty.For the person to adopt a child by himself/herself the adopter must have the capacity to acquire rights. Additionally, as well as the requirement of being over thirty, the condition of difference of 18 years of age at least between the adopter and the adoptee is required.The lawmaker also stipulates two formal conditions along with the ones mentioned above. The most important and constructive one is the court decision. The second one is the formal registration of birth.The state of adopting a child results in many consequences by way of a court decision. As personal consequences the change in the adoptee?s family name, kinship, and the citizenship can be indicated. The state of adopting a child results in financial consequences such as the nursing debt, the obligation of giving financial support. Moreover, consequences such as residential area, guardianship, and the marriage prohibition will appear