Protection of the rights of children born out of wedlock has a special place in the Turkish Civil Code. In this context, recognition and annulment cases offer important legal tools for both the father and the child.
What is Recognition?
Recognition is the process by which a man declares that he is the father of a child born out of wedlock. This declaration can be made at the civil registry office or through a notary. The declaration of recognition creates a legal consequence regarding the child’s paternity and establishes a legal bond between the father and the child.
What is Cancellation of Recognition?
An action for annulment of recognition is the process by which a man proves, through a court decision, that he is not the father of a child born out of wedlock. This lawsuit can only be filed under certain conditions.
When is the Case for Cancellation of Recognition Filed?
A lawsuit for cancellation of recognition can be filed in the following cases:
• If the recognizer made a declaration of recognition due to mistake, deception or intimidation.
• If the recognizer has a disability of will.
• If the mother and/or the child provides evidence that the person who knows is not the father.
Who Can File a Case for Cancellation of Recognition?
The following people can file a lawsuit for cancellation of recognition:
• Recognizer
• Mother
• Child (after reaching adulthood)
• In case of death of the child, descendants
• Public prosecutor
• Treasury and other relevant parties
Which Court is in Charge of the Recognition Cancellation Case?
The competent court in the case of cancellation of recognition is the Family Court.
What is the Evidence in the Recognition Cancellation Case?
In the case of cancellation of recognition, evidence such as DNA test, witness statements and date of birth can be used.
What are the Consequences of Cancellation of Recognition?
If the case for annulment of recognition is accepted, the legal bond between the father and the child ends. This situation may lead to consequences such as changing the child’s surname and eliminating the right to alimony.
