Paternity Lawsuit

A paternity lawsuit is a lawsuit filed to determine the biological father of a child.

Conditions for Filing a Paternity Lawsuit

A paternity lawsuit is a lawsuit filed by applying to the court to determine the biological father of a child. This case plays an important role, especially in the establishment of the child’s rights such as inheritance, alimony or identity. In Turkey, paternity proceedings are regulated within the framework of the Turkish Civil Code.

Conditions for Filing a Paternity Lawsuit

1. Parties:

The person who will file the paternity lawsuit is usually the mother of the child or the child himself.

Adopter: In cases of adoption, the adoptee can file a paternity lawsuit to learn or determine the identity of the biological father.

Biological Father: If an individual claims to be the biological father of a child, they have the right to file a paternity lawsuit. In this case, he can file a paternity lawsuit with the child’s mother or another party.

Father’s Ability to File a Lawsuit

If a father thinks that a child he already knows or does not know is the father and wants to have this officially determined, that father can also file a paternity lawsuit. For this, the following conditions must be met:

– Biological Bonding: The father must have evidence to prove that he is the biological father of the child. The evidence here can be based on scientific data, such as DNA testing.

– Need: It should be important in terms of the need for the father to find out if he is the father of the child and the legal consequences of this situation.

2. Child: The lawsuit can be filed from the date the child is born.

3. Indirect Proof: In order to file a paternity lawsuit, paternity must be proven indirectly. In this context:

– Birth Certificate: The information in the child’s birth register is important.

– Witness Statements: Statements by the mother or other persons in support of the paternity claim may strengthen the situation.

4. Legal Competence: The person who will file the lawsuit must have legal capacity. If the child is a minor, a lawsuit must be filed by the mother or her legal representative.

5. Statute of Limitations: A paternity lawsuit must be filed within 5 years of the child’s birth. However, this period may also vary depending on the child’s learning status.

Filing a Paternity Lawsuit

– Petition: The defendant and plaintiff information must be submitted to the court, along with the request for a lawsuit (determination of paternity), a list of evidence (birth certificate, witness statements, etc.), and the necessary documents.

– Competent Court: Paternity lawsuits can be filed in the court of the place where the children are located or in the court of the defendant’s residence; The Family Court has jurisdiction.

Court Process

1. Hearing: After considering the petition, the court sets a hearing date. At the hearing, the statements of the parties, evidence and witness statements are heard.

2. DNA Test: The court may also order a DNA test to be conducted for the purpose of determining paternity. This test is the most reliable method of detecting the biological father.

3. Decision: The court determines paternity by evaluating all the evidence. If paternity is detected, this is recorded and, if necessary, applies to other rights (alimony, inheritance, etc.).

Precedent Decisions

1. Court of Cassation 2006/11894 E., 2007/16147 K.

-Event: The lawsuit was filed with the aim of identifying the biological father of the child. The plaintiff mother was married to a man she did not know before and there is uncertainty about the father of the child.

-Decision: The Court of Appeals ruled that a DNA test should be conducted, and if the test results revealed the defendant as the biological father, then the case should be accepted. If the test results are positive, the determination of paternity will be confirmed.

2. Court of Cassation 2010/15484 E., 2012/15721 K.

-Event: The child is a 5-year-old boy. The mother claimed that the father of the child was the child of another man, even though she was married. A paternity lawsuit has been filed.

-Decision: The results of the DNA test are that the specified spouse is not the father. The Court of Cassation decided to identify the biological father of the child. Here, paternity is considered as a necessity that requires determination in all cases.

3. Court of Cassation 2013/5781 E., 2014/17203 K.

-Event: The lawsuit was filed by the mother of the child in order to identify the father of the child. The biological father wants to take care of the child.

-Decision: The child’s parents have been requested to undergo a DNA test. The Court of Cassation stated that this procedure should be applied as a result of an application to the court, and that the determination of paternity would have a legal result.

4. Court of Cassation 2015/11111 E., 2016/11455 K.

-Event: The child’s mother filed a paternity lawsuit to identify the father of the child born out of wedlock. The defendant contended that this was not accepted.

-Decision: The Court of Cassation emphasized that it is important in terms of public order in the filing of a paternity lawsuit and that the circumstances constitute who the father of a child born out of wedlock is. Here, it was decided that the DNA test performed was important and if it was positive, paternity should be admitted.

Result;

Paternity lawsuits are critical for the protection of the rights of the child and the identification of the biological father of a child in order to establish the legal consequences of this situation.

If such a lawsuit is to be filed, it is important to get legal information and support for the correct execution of the process. In particular, getting help from a lawyer who is experienced in medical tests and procedural procedures that need to be done during the trial can positively affect the outcome of the case.

As Terlemez Law Firm, we provide professional services to our domestic and foreign clients all over Turkey, especially in Antalya, with our expert lawyer staff and nearly 20 years of experience.

The above-mentioned precedent decisions and processes will guide you in terms of protecting your rights in the paternity case process and making a more informed decision. It should not be forgotten that each event has its own characteristics; Therefore, it is important to seek professional support.