Narrow lineage is the link between children and parents only, and in the broad sense, lineage refers to the biological and natural link between the individual and the lineal kinship.
In the lineage organized in the Family Law book of our Turkish Civil Code, narrow lineage is based on.
In article 282 of our law, it is regulated that the lineage bond between the mother and the child will be established by birth, and the lineage between the father and the child will be established by the marriage with the mother or acknowledgement of child(actio de liberis agnoscendis) or by desicion of the judge.
In addition, with the adoption, it is possible to establish the lineage between the adopted child and those people who adopt without blood.
It is not important whether the mother is married or not in the lineage relationship between mother and child, which is established by birth.The only thing that is important is that it is determined that the mother gave birth to the child.
If the father and mother are married before the birth of the child, or if they are married after the birth of the child, the lineage bond with father may be established by marriage with the mother.
If the marriage took place before birth, in the relationship between the father and the child, the father of the child, who is married to the mother before birth, is considered as father because of the the "presumption of paternity". In addition, because of the presumption of paternity, the father of the child who is born within three hundred days starting from the end of the marriage is the husband.
In the establishment of a lineage bound by adoption, a court decision must be taken.
In the type of case called “paternity suit” where a lineage bond is established between the child and the father by court decision, the lineage bond(?) between the child and the father is determined by the court. In this lawsuit, the plaintiff is the mother or child. Paternity suit can be opened before or after birth. the right of the mother to open a paternity suit is over after one year, starting from birth.However, if there is a paternity relationship between the child and another man within one year, the beginning of the one-year period begins to run from the date when the paternity relationship with another man ends.The law-maker stated that in cases where the one-year period was missed for good reasons, a lawsuit could be opened within one month following the disappearance of the reasons.
Recognition is another legal way regulated in article 295 of our Law and the following, which is also stated in the establishment of the father's child and affiliation.
turkish civil code article 295
"Recognition shall be made by the father's written application to the civil servant or court, or by a declaration to be made in the official deed or testamentum."
If the person making a recognition statement is young or limited, the consent of the parent or guardian is also required.A child who has a paternity relationship with another man cannot be recognized unless this bond is invalidated."
The recognition statement is a unilateral, formative right and declaration of willpower that is effective in the past. Recognition and the paternity relationship between the father and the child prevails from the moment of birth.
The most important point to be noted here is that a lineage bond(?)(paternity?) cannot be established with the father with the recognition of a child whose mother is not known.It is not logically possible to say that the child is his own without knowing who child's mother is.
If the declaration of recognition has been made invalid, that is, if the legally stipulated form of conditions has not been fulfilled, then this declaration is a simple acknowledgement that there is a sexual relationship between the person who claims to be the father and the mother, and that the child is also made up of this relationship.
For example, if the father's testament does not have a clear statement that the child is his own child and if he has shown the child as his heir, this cannot be accepted as a recognition statement.
Recognition validity conditions can be counted as civil liability, requirement as to form, absence of paternity relationship of a child with another man.
A minor or restricted person cannot make a recognition statement through their parent or guardian.It is also sought the parent or guardian's consent for the declaration of will, which must be made by the minor or restricted person.
The form requirement relates to the necessity to make the declaration of recognition in the form of a written application to the civil servant or court, or in the form of a will or official deed.
The fact that the recognized child was born as a result of sexual intercourse or adultery between persons who are forbidden to marry, the mother or child's refusal to recognize does not eliminate the consequences of recognition.
If the child has a paternity relationship with another man, then the first thing to do is to open the lawsuit of the rejection of the lineage bond or the annulment of the recognition and the abolition of lineage bond.The recognition declaration made with a unilateral declaration of will without regard to these is not considered valid.
the child can be recognized before born - after falling into the womb - or after died, it can be recognized and established a lineage relationship.
The father, who has made a recognition statement, can open a lawsuit by requesting the cancellation of the recognition process.In this case, the case must be directed against the mother and the child, and there is compulsory joinder(?) between the mother and the child.
Other persons who can request the cancellation of the recognition process are also listed in our law.However, in the event of the death of the mother and child; sub-lineage, Public Prosecutor, Treasury and other interested parties can sue.If the person who knows is dead, a lawsuit may be opened against the heirs of the person.
The right of the mother or child to sue the cancellation of recognition is a strict right to a person. So they can sue the cancellation of recognition even without the consent of their legal representative.It is possible for legal representatives to open this lawsuit instead of mothers or children only in case of absolute disability.
In the event of the death of the child, it is stipulated that the sub-lineage may open a lawsuit for cancellation of recognition.Sub-lineage, in order to open a lawsuit, the child must die before the cancellation time has elapsed, and if child did not die, it must be proved that child will sue for the cancellation of recognition.This condition is not sought in recognition processes made after the child dies.the sub-lineage has the right to open a direct lawsuit for annulment within the lapse of time.
The fact that the Treasury has been given the right to open a cancellation lawsuit also indicates that it is aimed to prevent the damage of the inheritance right granted to the Treasury with malicious intent.It is clear that the right to open a annulment suit given to the public prosecutor also respects public order.
The law-maker states that other interested parties may also be sued, and it allows people who have been damaged by the decision to recognize them to open a lawsuit if they prove that interest.
The burden of proof in the annulment of the recognition: it is clearly regulated that the person who sued has to prove that the recognizer is not the father.(Turkish Civil Code article 299)
term of litigation for opening the lawsuit of annulment of the recognition:
In 300. articles of our law, the right of father to open a lawsuit, it is stated that the lawsuit right will fall at the end of the one year starting from the date when the reason for the cancellation is learned or the effect of fear disappears, and after all, five years after the recognition. the right of others to open a lawsuit falls one year from the date when they learn about recognition and that the recognizer cannot be the father of the child, and in any case falls after five years after recognition.The child's right to sue falls after one year, starting from her adulthood, and it is anticipated that a lawsuit may be opened within one month from the end of the reason that justifies the delay even after these periods have passed.
The meaning of learning that the recognizer is not a father refers to the formation of a certain opinion, not any assumptions.only doubts and assumptions can not starts term of litigation
In the lawsuit of the cancellation of recognition that opened by sub-lineage, It should be observed that the durations will start working from the date of death, since the child must be dead.
There is no other legal way to open a paternity suit, except those listed in the law.
The judge has the authority to investigate ex officio in the case.