Article 18 MÖHUK – Adoption under Turkish law

Article 18 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) sets the law that governs an adoption (evlât edinme) with a foreign element. The conditions follow each party’s own national law, the other spouse’s consent follows both spouses’ national laws together, and the effects follow the adopter’s national law. Turkish citizens in Germany or the Netherlands who want to adopt a child, or their spouse’s child, will meet this rule.

Article 18 MÖHUK – text

Unofficial translation:

Adoption

Article 18 – (1) Capacity to adopt and the conditions of adoption are governed, for each party, by that party’s national law at the time of adoption.

(2) As regards the other spouse’s consent to adopting or being adopted, the national laws of the spouses apply together.

(3) The effects of adoption are governed by the adopter’s national law; where spouses adopt jointly, by the law governing the general effects of marriage.

Turkish original:

Evlât edinme

MADDE 18 – (1) Evlât edinme ehliyeti ve şartları, taraflardan her birinin evlât edinme anındaki millî hukukuna tâbidir.

(2) Evlât edinmeye ve edinilmeye diğer eşin rızası konusunda eşlerin millî hukukları birlikte uygulanır.

(3) Evlât edinmenin hükümleri evlât edinenin millî hukukuna, eşlerin birlikte evlât edinmesi hâlinde ise evlenmenin genel hükümlerini düzenleyen hukuka tâbidir.

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

Legislative reasoning

According to the reasoning, the article partly corresponds to Article 18 of the old Law No. 2675, and the changes are mainly about structure. The former third paragraph concerns how an adoption comes about, so it became the second paragraph, and being adopted was included alongside adopting. In the last paragraph the word “spouses” was added, because the law of the general effects of marriage can only be used where a marriage exists.

Explanation

Each paragraph answers a different question.

Who may adopt whom? (para. 1) The adopter and the child are looked at separately; each is subject to his or her national law at the time of adoption, and the conditions of both laws must be met. For a Turkish adopter, the Turkish Civil Code (TMK) applies. Some of its conditions:

• A minor may be adopted only if the adopter has cared for and raised the child for one year (Article 305(1) TMK).
• Spouses may adopt only jointly; unmarried persons may not adopt jointly (Article 306(1) TMK).
• One spouse may adopt the other’s child if they have been married for at least two years or the adopting spouse is at least thirty (Article 306(3) TMK).
• An unmarried person aged thirty or over may adopt alone (Article 307(1) TMK).
• The child must be at least eighteen years younger than the adopter (Article 308(1) TMK).

Spouse’s consent (para. 2). Where a married person adopts or is adopted, both spouses’ national laws together decide whether the other spouse must consent. If either law requires consent, it is required.

Effects (para. 3). The relationship between adopter and child is governed by the adopter’s national law. Where spouses adopt jointly, the law of the general effects of marriage applies (Article 13(3) MÖHUK). Under Turkish law, the parents’ rights and duties pass to the adopter (Article 314(1) TMK).

What this means if you live abroad

Stepchild adoption. This is the most common case for families abroad. If the adopter is Turkish, the time and age conditions of Article 306(3) TMK apply; if the child is a national of another state, that state’s conditions apply as well (Article 18(1)).

Under Turkish law an adoption is created by court decision (Article 315(1) TMK). For an adoption granted in Germany or the Netherlands to take effect in Turkey and be entered in the civil registry, it must as a rule be recognised; this also applies to non-contentious decisions (Article 58(1) and (2) MÖHUK). Under Turkish law the final adoption decision is entered in the registry records of both families (Article 314 TMK).

Inheritance. Where Turkish law applies, the adopted child becomes the adopter’s heir (Article 314(2) TMK). Succession, however, is governed by the deceased’s national law, and Turkish law applies to immovable property in Turkey (Article 20(1) MÖHUK). Whether the adopted child’s right to inherit follows the effects of adoption (Article 18(3)) or the law of succession (Article 20) is disputed where the two laws lead to different results. There is no express rule on this in the law; the distinction drawn here is our own reading of the statutory text, and which approach a court will take in a given case is uncertain.

Treaties. International conventions to which Turkey is a party take precedence (Article 1(2) MÖHUK). For intercountry adoptions, such a convention may provide a special procedure through central authorities; whether it applies between the states concerned must be checked in each case.

On the conditions under German or Dutch law, please consult a lawyer or the competent authority in that country.

Frequently asked questions

Can a Turkish citizen living in Germany adopt their spouse’s child?

Under Turkish law the spouses must have been married for at least two years, or the adopter must be at least thirty (Article 306(3) TMK). The conditions of the child’s national law also apply (Article 18(1) MÖHUK).

Is a foreign adoption valid in Turkey?

To take effect in Turkey and be registered, it must as a rule be recognised (Article 58 MÖHUK).

Which law governs the effects of adoption?

The adopter’s national law; in a joint adoption by spouses, the law of the general effects of marriage (Article 18(3) MÖHUK).

Sources

• Law No. 5718 (MÖHUK) – mevzuat.gov.tr
• Law No. 4721 (Turkish Civil Code) – mevzuat.gov.tr

Questions about your case

If you are thinking of adopting your spouse’s child or another child, or want to know how an adoption granted abroad can be recognised in Turkey, 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 adoption proceedings in Germany or the Netherlands, please consult a lawyer admitted there. The nationalities of everyone involved, the date of marriage and, if there is one, the foreign adoption decision with proof that it is final are useful to have ready.