Adoption is a crucial notion in family law, establishing an artificial lineage between the adoptive parent(s) and the adoptee. It should not be abused and obscure the registered filiation in national laws. Therefore, the conditions for adoption are regulated in detail in every national civil code. The conditions of the stepchild’s adoption are recon0 sidered regarding the changing needs of society in civil law countries. In 2023, the Turkish Constitutional Court issued an outstanding decision against the rigid conditions for adoption. Exploring the legal background of the decision is possible using the comparative law method. The conditions have become suitable for different partnerships in Swiss, German, and French family law. Also, the stepchild’s adoption is eased with restrictive exceptions, starting with the age difference between the adoptive parent(s) and adoptee. Establishing the families and evaluating the principles of child law must be preferred in the adoption process. Insisting on strict legal conditions without exception could damage the child’s best interest and right to be heard. Like the other national family laws, Turkish law stepped a little further with the decision to legalise de facto families and provide a safe, peaceful, and consistent family environment for the adoptee.
Adoption age difference adoptive parent stepchild child’s best interest
| Birincil Dil | İngilizce |
|---|---|
| Konular | Aile Hukuku |
| Bölüm | Araştırma Makalesi |
| Yazarlar | |
| Gönderilme Tarihi | 6 Mayıs 2024 |
| Kabul Tarihi | 25 Temmuz 2025 |
| Yayımlanma Tarihi | 21 Ocak 2026 |
| DOI | https://doi.org/10.26650/annales.2025.78.1557559 |
| IZ | https://izlik.org/JA86XY95CX |
| Yayımlandığı Sayı | Yıl 2025 Sayı: 77 |