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Adoption law in US

Adoption law in US

  • Articles are written by guest users. Turkey Law Firms does not accept any liability on article contents. This website is not aiming to give any Law Support Online. All articles are forum discussion summaries.
  • Feb 7, 2021

Question 1: What is Adoption?

Adoption is the establishment of a child-parent relationship by providing legal ties between the child who is suitable for adoption and the person / spouses who are suitable for adoption.

Question 2: Can I Apply for Adoption?

You and your spouse are over thirty years old or you can apply for adoption if you have been married for at least five years.

Question 3: Can Every Child Under Protection Be Adopted?

- In order for a child to benefit from the adoption service, whether he is under protection or not, his / her status must be legally appropriate. For this reason, it is not possible for all our children who are under protection and care in our institutions to be adopted. It means that the child's situation is legally appropriate; - Having the consent of the parents of the minor (Article 309 of the Turkish Civil Code), - Declaring the consent in the court of the place where the minor or the parents live, orally or in writing, and recording it in the minutes, must. Or - Not knowing who he is or where he has been living for a long time, or his constant lack of discrimination, - The consent of one of the parents is not sought due to the fact that he does not fulfill his duty of care against the minor (Article 311 of the Turkish Civil Code).

Question 4: Can an Unmarried Person Apply for Adoption?

It is required that the person who wants to adopt and who is not married must be over thirty years old. Unmarried people cannot adopt together.

Question 5: Where Can I Apply for Adoption?

If you are a citizen of the Republic of Turkey and you live in Turkey, in the province in which you reside Family, Labor and Social Services Provincial Directorate for e-Government or out of the first application If you reside abroad, to the transnational adoption center authority / competent unit of your country, you must apply.

Question 6: Are There Any Documents I Should Bring When Coming To The Application Appointment?

There is no document you need to prepare and bring with you before you come to the information application.

Question 7: What is the Application Appointment?

The adoption unit will generally assess your eligibility for the adoption application. If you meet the appropriate conditions for application, the interview will continue. In the meeting to be held; You will be thoroughly informed about the characteristics of minors to be adopted, the social and legal consequences of adoption, and the conditions for adoption. You can share your questions about adoption with the relevant officer in our provincial directorates.

Question 8: What are the Documents to be Prepared?

The following documents are requested from the person or spouse applying for adoption: -Collection event registration sample issued by the registry office, - Criminal records of the applicant and his family members with whom he lives with, including the deleted records included in the Criminal Records Law No. 5352 dated 25/5/2005, - Documents showing the wealth, income and social security status, - Settlement document to be obtained from the headmen or population directorates that can produce documents from the Identity Sharing System, Document showing the education status, -Health committee report stating that he / she does not have a physical, mental and mental disability, a contagious or chronic disease that requires constant care, and he is not addicted to alcohol or drugs, foreign nationals living outside their homeland or residence permit in Turkey living in Türkiye citizens and small to enter the country and accept that there will be continuous document that he or allowed to reside.

Question 9: Is There A Certain Time For The Submission Of The Documents?

- You must complete and submit the requested documents within two months at the latest from the date of application. -Applications of those who do not submit their documents within this period will not be processed. - The date and time where the documents are submitted are taken as a basis for the adoption order.

Question 10: What is the Social Review Process?

- If, as a result of the examination of the documents, it is decided to continue the proceedings of the file, the social review process is initiated about you. - Unannounced visits will be made by the adoption unit of the provincial directorate. • Visits to be made; It can be in your home, social circle, work environment… etc. In the social examination process, your status and conditions of being a suitable parent for the child / children to be adopted are examined and evaluated in detail.

Question 11: When will the child be placed in the adoptive family?

- If the eligibility of your file is decided, your application will be queued as of the document delivery date. Your waiting time in the queue depends on the age and gender of the child to be adopted.

Question 12: How will the child be placed next to me?

-When your turn comes, the officer responsible for the processing of your file will contact you. - You will be directed to the institution to be introduced to the child. - For older age group children to be adopted, the comparison process can also be planned before the adaptation process. - If the result of the joint evaluation between the provincial directorate and the organization is deemed appropriate, a "Adoption Temporary Care Agreement" is signed between you and the Provincial Directorate of Family, Labor and Social Services. -The child is placed with you after the necessary work and procedures are completed.

Question 13: Can I Adopt a Child Immediately?

-The adoption of a minor is subject to the condition that the adopter has been cared for and educated for a year. (Article 305 of the Turkish Civil Code) - The adoption case cannot be opened before the end of one year. - At the end of the one-year period, your file must be evaluated positively as a result of the monitoring made by the provincial directorate in order to file an adoption case. - This period may be prolonged for reasons such as the legal procedures of the child.

Question 14: What are the Legal Conditions for Adoption?

-The minor has been cared for and educated by the adopter for at least one year, - Adoption should be for the benefit of the minor in any case and the benefits of the other children of the adopter are not harmed unfairly, - Obtaining the consent of the minor who has the power to discriminate, - Except for the provisions in articles 311 and 312 of the Turkish Civil Code dated 22/11/2001 and numbered 4721, the minor's parents' consent as specified in article 309, - If the minor is under guardianship, the permission of the guardianship offices stipulated in Article 397 of the Turkish Civil Code, -The spouses have been married for at least five years or both are over the age of thirty, conditions are sought.

Question 15: What is Adoption Temporary Care Q & # 246; What is the duration?

It is a document signed between the Provincial Directorate of Family, Labor and Social Services and you. - The one-year pre-adoption temporary care period starts from the date of the contract. With the Adoption Temporary Care Contract, you undertake the care and education of the child under the supervision of the Provincial Directorate. -This contract undertakes your obligations. The Adoption Agreement continues until the adoption process is completed. -If a negative opinion is reached at any stage of the follow-up or the provisions of the Contract are not respected, the "Adoption Temporary Care Contract" may be unilaterally canceled by the Provincial Directorate of Family, Labor and Social Services.

Question 16: What is the Adoption Monitoring Process?

- Visits are carried out in the process from placing the child next to you until the adoption process is completed. -These monitoring visits to be made can be either informed or unannounced. - Consultancy service is provided when necessary during the monitoring process. - Traces made are reported and added to your file. -The follow-up process and the Pre-Adoption Temporary Care Contract continue until the adoption process is completed. - If it is concluded that this adoption will not be suitable for the child during the monitoring process, the process The child is taken back without waiting for completion.

Question 17: How is an Adoption Relationship Established?

- Adoption decision, the adopter's place of residence; In joint adoption, the seat of one of the spouses is given by the court. - With the decision of the court, an adoption relationship is established. (Article 315 of the Turkish Civil Code)

Question 18: Could the Biological Parent of the Child Be Emerged?

The biological parent of every adopted child can come up one day and call their child. - There is always the risk of giving up the given consent decision.

Question 19: Is the Contact Information of the Family Adopted to the Biological Parent of the Child Provided by the Institution?

-The file information regarding adoption is archived by our Ministry in accordance with the confidentiality principle. - Records, documents and information about adoption cannot be disclosed in any way unless a court decision is made or adoption is requested. (Article 314 of the Turkish Civil Code)

Question 20: How to Register a Child to be Adopted?

The names of the adoptive person / spouses are written as mother and father names in the register of minors who are adopted together by the spouses and do not have the power to discriminate. (Article 314 of the Turkish Civil Code) In order for the adoption, inheritance and other rights not to be damaged and the family ties to continue, all kinds of connections are established between the family registry of the adoptive and the family registry of the adopter. In addition, the final court decision regarding the adoption is recorded in both population registers. (Article 314 of the Turkish Civil Code)

Question 21: When is a Child Adopted?

-According to the studies conducted in the field of child psychology, it should be said at the appropriate age and time that children are adopted so that they do not have problems and do not live by accepting this situation as normal. The most suitable period is the preschool (4-6 years old) age, when the child is not fully open to social life yet and is of primary importance in the life of the mother and father. -Your child; When it is not ready, it is very likely to learn from sources other than you. This will cause irreparable wounds in both your and your child's life. -The weight left on your shoulders by hiding this truth will increase and make you feel more and more every day. - Necessary consultancy services are provided by our provincial directorates to tell the child that they have been adopted.

Question 22: Why should the Child be Adopted S & # 246;

The child has the right to know his parents. (Convention on the Rights of the Child, Article 7). In addition, there is always a risk that the child will learn that he has been adopted. If the child learns this indirectly, it will be destructive and harsh for the family and the child.

Question 23: How Should an Adopted Child Behave When Asks About Their Biological Parents?

- Expressions that denigrate the biological family should never be used. -This situation is of great importance in order to prevent the child's feeling that "my family did not want me" about himself. -These explanations should not cause the child to see his real parent, neither too well nor too badly, and to have false dreams about his biological parents.

Question 24: Can the adopted person have access to file information?

Yes, it can. The archive was created following the Social Services and Child Protection Institution Law came into effect in 1983. Archive information for previous years is limited to the documents transferred by the relevant institutions. An application must be made to the AÇSH Provincial Directorate.

Question 25: Is it legal to register the child directly without a court order for adoption?

Adoption is a legal process and is carried out under the relevant provisions of the Turkish Civil Code. A child can be adopted only on the basis of the court decision given by the relevant Court. Transactions other than this cannot be called adoption. These transactions constitute a crime within the scope of the Turkish Penal Code, since they are within the scope of descent. (In case of changing the descent of the child by registering it directly to the population without the decision of a judge, proceedings are carried out in accordance with the provision in Article 231 of the Turkish Penal Code, "A person who changes or disguises a child's descent is punished with imprisonment from one to three years.")

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