Action For Paternity

A paternity case is the legal proceeding through which parentage is established by court judgment between a child born outside marriage and the man alleged to be the biological father. This route is available where the mother is identified and no legal parentage already exists between the child and another man.

For example, if a married woman becomes pregnant by a man other than her husband and the child is born during the marriage, the child is, as a rule, presumed under the Civil Code to be affiliated with the mother's husband. In such a case, filing a paternity case first requires severing the existing legal parentage.

The right to file a paternity case belongs to the mother and the child, under Article 301 of the Turkish Civil Code. A man who claims to be the father has no standing to file this case himself; the legislator instead gives him the option of establishing parentage through acknowledgment, provided the relevant conditions are met.

• The mother and the child may exercise this right jointly or separately.
• A judgment obtained in one action does not bind the other as res judicata; each may pursue their own case independently.
• A waiver or settlement by the mother or the child does not affect the other's right to sue.
• The right to file the action cannot be waived before the case has been filed.

Where the child is a minor, they are generally represented in the proceeding by a court-appointed guardian ad litem. In an action filed by the mother, in addition to seeking the establishment of parentage, certain material damages arising from the birth and support (alimony) for the child's benefit may also be claimed; these items are assessed separately based on the facts of the file.

A paternity case is filed against the man alleged to be the father. If that person has died, the case is directed against his heirs; if there are no heirs, the estate passes to the Treasury, and the case may then be filed against the Treasury. In this sense, the Treasury appears as a party the case may be brought against, rather than as a party that files the case itself.

Because the establishment of parentage is considered a matter of public order, the law requires the party filing the case to notify the Public Prosecutor's Office and the Treasury of the proceeding. Following this notification, the prosecutor's office and the Treasury are kept informed of the case and may become involved on public-order grounds. Failing to comply with this notification requirement may amount to a procedural deficiency, so it warrants attention when the case is filed.

Article 303 of the Turkish Civil Code governs the period within which a paternity case must be filed. The mother may file the case even before the child's birth; as a rule, however, her right to sue lapses one year after the birth. If there is a justifiable reason for the delay, this one-year period begins to run from the date that reason arises or becomes known.

The time limit applicable to a case filed by the child has been the subject of differing practice and higher court rulings over time, so the currently applicable rule should be separately confirmed against the legislation and case law in force at the time the case is to be filed. Because these periods operate as peremptory (forfeiture) periods, missing them can result in dismissal without the merits being examined — which is why it is worth reviewing the applicable time limit with legal counsel based on the specific facts.

DNA testing is one of the methods most commonly relied upon to prove a paternity claim. It can establish the biological relationship between the tested individual and the child with a very high degree of accuracy. The court may order a DNA examination either upon a party's request or, under the principle of ex officio investigation, on its own initiative.

Legally, a DNA report is an expert opinion and does not bind the judge; in practice, however, courts generally decide in line with these results given the scientific reliability of the method. Where a party refuses to provide a sample, the court may order the sample to be taken by force, provided this is necessary to resolve the dispute and does not pose a health risk. Witness statements, correspondence, and other evidence of the relationship may also be taken into account in establishing the presumption of paternity.

Once parentage is established by court judgment, the child acquires the legal status of a child with an established parentage to the father as well. The main consequences can be summarized as follows:

• Support (alimony): Support for the child's care and education may be claimed from the father; the amount and duration depend on the circumstances of the parties and the child.
• Inheritance rights: Once parentage is established, the child acquires statutory inheritance rights with respect to the father.
• Surname and civil registry: Once the judgment becomes final, the father's information is recorded in the child's civil registry entry; the consequences for the child's surname are assessed separately under the applicable legislation.
• Custody and personal contact: The establishment of parentage may also give rise to related claims regarding custody and personal contact.

For more detailed information on support claims and how they are calculated, you can visit our İzmir alimony lawyer page.

The court with jurisdiction over paternity cases is the family court; where no family court exists in a given location, the case is filed with the civil court of first instance acting in that capacity. The authorized court is, as a rule, the court of the domicile of either party at the time the case is filed, or at the time of the child's birth.

Files concerning parentage and the related claims can vary considerably depending on the evidence available and the parties' circumstances. Legal support in family law matters is provided across İzmir, particularly in Karabağlar, Konak, and Buca.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy