Article 17 MÖHUK – Effects of Parentage and Custody

Article 17 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs the effects of parentage (soybağının hükümleri), meaning the rights and duties between parents and child. Parental custody (velayet) is the main example. If you live in Germany or the Netherlands with your child and custody or contact is being argued before a Turkish court, this is the first rule that matters.

Article 17 MÖHUK – text

Unofficial translation:

Effects of parentage
Article 17 – (1) The effects of parentage are governed by the law under which parentage was established. However, where the mother, father and child have a common national law, that law applies to the effects of parentage; failing that, the law of their common habitual residence applies.

Turkish original:

Soybağının hükümleri
MADDE 17 – (1) Soybağının hükümleri, soybağını kuran hukuka tâbidir. Ancak ana, baba ve çocuğun müşterek millî hukuku bulunuyorsa, soybağının hükümlerine o hukuk, bulunmadığı takdirde müşterek mutad mesken hukuku uygulanır.

The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).

Legislative reasoning

According to the reasoning of the government bill, the article is new; the old Law No. 2675 had no such rule. The effects of parentage follow the law that established parentage, so that the applicable law is not split up without need. Where mother, father and child share a nationality or a habitual residence, that law was preferred to keep family relations under one law; the reasoning notes that the place of birth, if parentage was established under it, may be quite accidental. The former Article 19 on custody was deleted because, in the words of the reasoning, custody is an effect of parentage and falls under this article.

Explanation

The order matters. First ask whether mother, father and child all three have the same nationality. If so, that law applies. If not, ask whether all three have their habitual residence in the same country. If neither applies, the basic rule takes over: the effects follow the law under which parentage was established (Article 16 MÖHUK).

Two neighbouring rules mark the limits:

Custody on divorce is not governed by Article 17 but by the law applicable to the divorce (Article 14(3) MÖHUK).
Maintenance, child maintenance included, has its own rule (Article 19 MÖHUK).

So Article 17 mainly covers custody, contact and other parent-child questions while the marriage continues, or where the parents never married. If Turkish law applies, the rules are in Articles 321 et seq. of the Turkish Civil Code (TMK): during the marriage the parents exercise custody jointly (Article 336(1) TMK); if the parents are not married, custody belongs to the mother (Article 337(1) TMK); a parent without custody may ask for appropriate personal contact with the child (Article 323 TMK).

Which date counts for nationality and residence? Article 17 does not say. The general rule then applies: unless provided otherwise, nationality and habitual residence on the date the case is filed are decisive (Article 3 MÖHUK; see Article 3 MÖHUK). If the family moved from Turkey to Germany, what counts is the situation when the case is filed, not before the move.

What this means if you live abroad

Mother, father and child are all Turkish. Living in Germany or the Netherlands does not change the result: the Turkish court applies Turkish law. For dual nationals, Turkish nationality is decisive (Article 4(1)(b) MÖHUK; see Article 4 MÖHUK). If the child also holds German or Dutch nationality, the Turkish court reaches the same result as long as the child is a Turkish citizen.

One family member is only a foreign national (for example a father holding the Blue Card, Mavi Kart). Then there is no common national law. If all three live habitually in Germany, the Turkish court applies German law to custody and establishes its content of its own motion (Article 2(1) MÖHUK). On the content of German or Dutch law, please consult a lawyer admitted in that country.

Unmarried parents. Where Turkish law applies, custody belongs to the mother (Article 337(1) TMK). German or Dutch law may regulate this differently, so the same family can get different answers in two countries.

Treaties. International conventions to which Turkey is a party take precedence (Article 1(2) MÖHUK). If a child protection convention applies to the case, it is checked before Article 17. Which convention is in force between which states, and since when, has to be checked in each case.

Foreign custody decisions. A custody decision given in Germany or the Netherlands has the effect of a final judgment in Turkey only after recognition (Article 58 MÖHUK). If it is to be enforced, an enforcement order (tenfiz) is needed (Article 50 MÖHUK; see Article 50 MÖHUK).

Frequently asked questions

Which law governs custody for a Turkish family living in Germany?

If mother, father and child are Turkish, the Turkish court applies Turkish law (Article 17 MÖHUK). If custody is decided in divorce proceedings, the law governing the divorce applies (Article 14(3) MÖHUK).

Who has custody under Turkish law if the parents are not married?

The mother (Article 337(1) TMK). Whether Turkish law applies at all is decided first under Article 17 MÖHUK.

Which date counts when determining nationality?

Article 17 names no date, so nationality and habitual residence at the time the case is filed are decisive (Article 3 MÖHUK).

Sources

Questions about your case

If you would like to know which law a Turkish court would apply to custody of or contact with your child, given your family’s nationalities and where you live, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for custody proceedings before German or Dutch courts, please consult a lawyer admitted there. The child’s birth certificate, the Turkish civil registry extract, both parents’ nationality details, where the family has lived in recent years and any foreign custody decision are useful to have ready.