LEGAL RIGHTS OF CHILDREN BORN OUT OF WEDLOCK ACCORDING TO THE TURKISH CIVIL CODE

Abstract

This research aims to analyse the legal rights of children born to unmarried parents as outlined in the Turkish Civil Code. Data was gathered from several sources, encompassing books, legislation, and scholarly journals. Following the establishment of the Republic in Turkey in 1923, the Turkish Civil Code of 1926, which was based on the Swiss Civil Code with some minor adjustments, was implemented. Turkish Civil law predominantly adheres to the principles and regulations of Western legal systems. In this context, the legal status of children born to unmarried parents has become a subject of debate in Turkey and has found its place in the Turkish Civil Code. To establish the lineage between the mother and the child, it does not matter whether the child is born outside of marriage or not. Custody of a child born out of wedlock belongs to the mother. Nevertheless, the lineage of children born out of wedlock with their fathers can be established through recognition and lineage. Official recognition of paternity occurs when the father registers the child. Court-ordered paternity determination usually happens when the paternity bond is proven through scientific methods such as DNA testing. With the new Civil Code, when children born outside of marriage are officially recognised, their inheritance rights are regulated in the same way as children born within a marriage, according to the Turkish Civil Code.