The attached surveys of adoption law in Turkey and the United States show similarities between the adoption laws of the two countries.
In the US, the particulars of procedure relating to adoption are left to the states, whereas in Turkey adoption is governed by national law, namely the Civil Code and an adoption statute known as the Statute on Execution of Interventions Regarding Adoption.
Both countries require consent from the biological parents, with certain exceptions. In the US, state laws provide various ways in which the biological parents can waive or forfeit the right to consent. In Turkey, the law provides that consent is not required if the biological parents’ care is not adequate.
Both countries require certain adoptee children to consent. In Turkey the child’s consent is required if he or she has the capacity to act on his or her own behalf. In the US, each state specifies an age at which a child’s consent is required, typically between ten and fourteen years.
In the US, an adoption must be found to be in the best interests of the child. Similarly, Turkish law requires the adoption be for the benefit of the child upon review of all circumstances of the case.
In both Turkey and the US, a probationary period must elapse before an adoption is final. In Turkey the probationary period lasts for one year. In the US, the probationary period lasts between three months to one year, depending on state law. In both countries, during the probationary period, child welfare professionals are provided the opportunity to determine whether the adoption would benefit the child. In both countries, following the probationary period, a court proceeding is necessary to finalize the adoption. Courts in both countries rely on findings by the social services agencies on whether the placement is warranted.
In both countries, adoption results in the child obtaining all rights enjoyed by biological children, including the right of inheritance.
Both countries are party to the Hague Convention on Intercountry Adoption.
Adoptions in the Republic of Turkey are governed chiefly by the Civil Code, the Statute on Execution of Interventions Regarding Adoption, and the Hague Convention on Intercountry Adoption. All adoptions, except those between relatives, must be handled by the General Directorate of Social Services and Protection of Children. (HTML)
Adoption in the US is mostly governed by state law, although federal constitutional principles and limited federal statutes may come into play. General features of adoption law that are common across states include the complete vesting of parental rights with the adoptive parents, the requirement of consent, the best interests of the child standard, the confidential nature of adoption proceedings, and the permanent nature of adoption. (HTML)
Last Updated: 04/09/2014