Özet:

According to the Article 284 of the Turkish Civil Code, rejection of genetic examination in the cases for determination of paternity is accepted as boomerang evidence against the party rejecting such an examination. On the other hand, Article 292 of the Civil Procedure Law, which has entered into force ten years after the Turkish Civil Code, confers on the judge the power to compel the parties to the genetic examination under certain conditions. Article 292 of the Civil Procedure Law, which has entered into force after the Article 284 of the Turkish Civil Code is parallel to the current trend in Swiss Law. Thanks to scientific advances, a simple swab taken from the inside of the cheek enables accurate determination of paternity with a rate of 99.73%. Do the hair and nail samples or a saliva swab taken from the inside of the cheek by a simple sterile ear bar violate the body integrity? The possibility of damage to the person by this kind of genetic examination is so low as not to be considered. Taking into account the banality and simplicity of this violation of bodily integrity, criticism against Civil Procedure Law Article 292 based on public order, does not seem accurate

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