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Adoption is a process that permanently transfers all the legal rights and responsibilities of being a parent from the child's birth parents (their biological parents) to the adoptive parents.

The adoption process has started to become more common in our society. Adding a child to your family is a big event. Adding a child through adoption is even more momentous, both for the child, for you as parents, and for your wider circle of friends and family. In this article, we will look at the main steps that are taken during the adoption process. After the application and formalities of the Social Services Department are completed, you can apply to a lawyer and initiate your proceedings before the Family Courts.

Who can adopt?

Under the Adoption Act, persons who live in the Turkish Republic of Northern Cyprus or who have resided in the Turkish Republic of Northern Cyprus in the last two years prior to the date of application may adopt. However, if the applicant is a foreigner; unless the applicants are at least twenty-eight years of age and at least eighteen years older than the minor; or if the applicant is a relative of the minor; until the age of twenty-one years; or, if the applicant is neither the mother nor father of the minor, an order of adoption shall not be made regarding a minor.

The application can be made by both of the spouses or it can only be made by only the husband or only the wife. However, in respect of a minor who is a girl, the Court will not make an order to adopt a child, in favor of the sole applicant, unless the Court is satisfied that there are special circumstances which justify granting an order of adoption as a special measure.

How to apply?

First of all, a lawyer will submit an application containing a request for adoption and an interview 3 months after the filing date. In addition, a further application shall be sent with a request for a social worker to appoint a guardian for a period of 3 months.

During this 3-month waiting period, the Social Services Officer will do a detailed examination of the housing, economic and social situation of the family as well as the social situation of the minor to be adopted. The Social Services Officer will then submit a report which will reflect their views on these matters in detail, to the Court.

In what conditions does the Court grant the adoption order?

In this respect, the Court considers that the person, whose consent is required under the law and whose consent has not been exhausted, has given consent to the adoption order. If the order is given, the order shall be for the happiness and well-being of the minor to be adopted, and the age of the minor and the ability to understand and be understood. For this purpose, if the wishes of the minor have been taken into consideration and the applicant is satisfied that he has not made any payment or has not agreed to do so, he shall be granted the order of adoption.

Results of Adoption Case

At the end of the adoption case and the adoption decision, some legal matters will change. It is possible to list them as follows:

  • The rights and obligations of the mother and father shall be given to the adopter.
  • The adopted will be the heir of the adopters
  • If the adopted is a minor, he/she will take the adopter's surname. Adopters may request a new name to be given to the child.
  • If the adopted is mature, he/she may take the surname of the adopter on his/her own will.
  • The new mother and father is written on the birth certificate of the adopted.
  • The identity information of the adopted are transferred to the identity registry.
  • The Court is obligated to keep the documents confidential if the adoption process is requested to be confidential by adopter or adopters.
  • Gürkan&Gürkan
  • March 2019