Adoption and Divorce in Turkey: Family Law

Published on October 4, 2025 and written by Cyril Jarnias

Diving into Turkish Legislation

This article explores the essential dimensions of Family Law in Turkey, with particular emphasis on the complex aspects of adoption and divorce.

The Turkish legal system, marked by a rich mosaic of traditions and modern influences, contains fascinating particularities that deserve to be discovered.

While adoption involves journeys marked by meticulous administrative procedures, divorce often stands at the crossroads of tradition and modernity, thereby reflecting contemporary challenges and legislative evolutions in Turkish society.

This examination of the laws offers valuable insight into the daily realities of Turkish families facing these pivotal life stages.

Family Law in Turkey: A General Overview

General Overview of Family Law in Turkey

Family law in Turkey underwent profound transformation in the 20th century, shifting from a system dominated by sharia to a secular legal framework, primarily driven by Kemalist reforms.

Historical Background and Major Reforms

• 1926: Adoption of the Turkish Civil Code
  Inspired by the Swiss Civil Code, it abolished polygamy, prohibited repudiation, and established the right to divorce. Religious influence on family law was significantly reduced in favor of a civil system.
• 1934: Surname Law (Soyadı Kanunu)
  Every Turkish citizen was required to adopt a surname, strengthening national unity and equality before the law.
• Recent Reforms
  The evolution toward greater equality between men and women continues, particularly regarding women’s right to choose their surname after marriage, a subject of recent debates and constitutional decisions.

Role of Religious and State Institutions

• Before 1926: Religious Predominance
  Religious courts (sharia) governed marriage, divorce, and adoption.
• Since 1926: Primacy of the Secular State
  Only civil unions are recognized. Religious institutions no longer have an official role in enforcing family law, although customary practices persist in some rural areas.

Main Laws Governing Marriage, Divorce, and Adoption

Theme	Main Provisions of the Turkish Civil Code
Marriage	Minimum age of 18 (exceptions possible from age 17 with judicial authorization). Civil marriage mandatory. Mutual consent required. Polygamy prohibited.
Divorce	Divorce possible for fault, incompatibility, de facto separation, or by mutual agreement. Rights to custody, alimony, and property division according to the children’s best interests and equity.
Adoption	Strict civil procedure, with verification of the child’s best interests. Married couples or single persons may adopt.

Recent Developments and Influencing Factors

• Social Changes: Urbanization, rising women’s education, and pressure from feminist movements promote equal rights within the family.
• Political Factors: Debates on the role of religion in public life persist, but legislation remains fundamentally secular.
• Economic Factors: Women’s increasing participation in the labor market influences discussions on sharing parental responsibilities and child custody.

Unique Characteristics of the Turkish System and Comparisons

Secular and Centralized Nature: Unlike other Muslim-majority countries, Turkey only permits civil marriages and prohibits polygamy. Family decisions fall exclusively under civil courts.

Gender Equality: Despite notable progress, some areas – such as married women’s surnames – remain subjects of controversy and evolution.

Regional Comparisons:

Criterion	Turkey	Other Regional Countries (e.g., Egypt, Iran)
Mandatory Civil Marriage	Yes	No, religious marriage often recognized
Polygamy	Prohibited	Permitted (in some countries)
Women’s Right to Divorce	Recognized	Often restricted or conditional
Secular Adoption	Yes	Sometimes limited or religiously regulated

Turkish family law illustrates the state’s will for modernization and secularization, while remaining marked by tensions between patriarchal heritage, feminist movements, and socioeconomic changes.

Adoption Procedures in Turkey: What Expatriates Need to Know

Key Elements of Adoption Procedures in Turkey for Expatriates

Legal Requirements for Foreigners

• Minimum Age of Adopter: 30 years
• Marital Status: Marriage of at least 5 years mandatory for couples; adoption possible for singles
• Turkish Residence Permit Required
• Consent of Biological Parents or Child’s Legal Guardian Necessary
• Psychological and social evaluation is systematic, conducted either by local social services or via embassy/consulate if the file is opened from abroad

Required Documents to Provide

• Identification Documents (passport, national ID)
• Valid Residence Permit in Turkey
• Marriage Certificate (for couples)
• Proof of Income and Stable Financial Situation
• Psychological and Social Report
• Recent Medical Report

Administrative Steps to Follow for an Expatriate

1. Official Submission of File to the Provincial Directorate of Family and Social Services or Competent Family Court
2. Preliminary Review of Compliance with Legal Criteria (age, marital status)
3. Home Study or via Consulate/Embassy Depending on Place of Residence
4. Probationary Period with Temporary Custody Under Supervision for Generally One Year
5. Hearings at Family Court: Individual Interviews/Adopters/Possible Additional Examinations
6. Final Judicial Decision then Registration in Turkish Civil Registry

Step	Involved Authority	Estimated Timeframe
File Submission	Family Directorate/Social Services / Family Court	Immediate
Social Evaluation	Local Social Services / Consulate/Embassy	Several Weeks
Probationary Period	Social Services	Approximately 12 Months
Hearing(s)	Family Court	According to Judicial Calendar
Final Judgment	Court + Civil Registry	Several Weeks

Main Differences with Procedure for Turkish Citizens

• Expatriates must absolutely justify a legal residence permit in Turkey; this is not required for a Turkish citizen permanent resident
• For non-residents, some steps may be coordinated via their embassy/consulate whereas everything is done locally for Turkish citizens residing on-site

Role of Adoption Agencies and Government Authorities

• The official procedure goes exclusively through the Provincial Family Directorate or directly before the competent Family Court; there are no recognized private intermediary agencies as in some Western countries
• Social services conduct all necessary evaluations (social studies, home visits)
• The responsible ministry supervises the entire process until final civil transcription

Typical Expected Timeframes

Generally between twelve and eighteen months from initial submission to final decision in a formal international adoption.

Practical Tips

• Carefully prepare all your official documents before any administrative step to avoid unnecessary delays
• Being assisted from the start by a bilingual specialized lawyer will greatly facilitate exchanges with local administration/courts
• Quickly contact your embassy or consulate which can direct you to the right Turkish contacts and ensure certain mandatory social procedures outside national territory
• Be patient: each step may involve significant administrative waiting due to thorough verifications conducted by the state on each potential adoptive profile

Rigor in file preparation and its official translations will be decisive in your chances of successfully achieving a legally regulated adoption.

Divorce Procedures for Expatriates in Turkey

Legal Conditions for Divorce in Turkey for Expatriates:

• Divorce must be pronounced by a Turkish civil court if the marriage is registered in Turkey, even for foreign citizens.
• The Turkish Civil Code applies to all divorces pronounced on the territory, except for exceptions provided for binational marriages.
• Grounds for divorce include adultery, abuse, abandonment of the marital home, death threats, serious insult, commission of a serious crime, or de facto separation.
• For couples of different nationalities, the judge may apply either the common national law, that of the common residence, or, failing that, Turkish law.

Required Documents to Initiate the Procedure:

• Passports and Identification Documents of Spouses
• Marriage Certificate (translated and apostilled if issued abroad)
• Evidence of Divorce Grounds (testimonies, medical certificates, written evidence)
• Residence Certificate
• Written Divorce Agreement (in case of uncontested divorce)
• Documents Related to Minor Children (birth certificate, proof of schooling)
• Proof of Income and Assets

Role of Local Lawyers and Translators:

The assistance of a Turkish lawyer specialized in family law is strongly recommended to ensure procedural compliance and protect the expatriate’s interests.

Lawyers draft and file petitions, attend hearings, and negotiate terms (custody, alimony, property division).

A sworn translator may be necessary for document translation and accompaniment during hearings, especially if the expatriate does not speak Turkish.

Recognition of Foreign Divorce Decisions:

A divorce pronounced abroad is not automatically recognized in Turkey; it must undergo an exequatur procedure before Turkish courts.

Main Conditions: final decision, absence of exclusive jurisdiction of Turkish courts, respect for defense rights, absence of contradiction with Turkish public order.

Once recognized, the divorce produces its civil and patrimonial effects in Turkey.

Type of Divorce	Conditions	Approximate Timeframes	Particularities
Uncontested	Marriage > 1 year, agreement on all points	Quick (several months)	Requires written agreement
Contested	Disagreement or serious grounds	Longer (several months to years)	Evidence necessary, mandatory hearing

Fiscal and Legal Implications for Minor Children:

• Custody and residence of children are determined by the court, which rules in the child’s best interest.
• Alimony is calculated according to the child’s needs and parents’ financial capacities.
• Decisions concerning children (custody, visitation, alimony) must be enforced in Turkey and may differ from foreign decisions.
• Divorce may impact the family tax regime and inheritance rights.

Practical Tips for Expatriates:

• Entrust case management to a reliable local lawyer, authorized to act by power of attorney if you are not present.
• Prepare all documents with certified translation in advance to avoid delays.
• Plan for legalization or apostille of foreign documents.
• Inquire about the impact of divorce on resident status: a divorce may lead to loss of residence permit based on marriage; it is advisable to anticipate an independent permit application.
• Maintain communication with consular authorities of your country of origin to benefit from administrative support.
• In case of conflict of laws or contradictory decisions, seek specialized advice in private international law.

Key Takeaways:

The divorce procedure for expatriates in Turkey requires anticipation, rigor in file preparation, and professional accompaniment, both for recognition of rights and for preserving resident status and the interests of minor children.