Özet:

As in many legal systems, the establishment of a legal paternal relationship between a father and a child under Turkish- Swiss law is not directly based on genetic lineage. Turkish law, however, generally allows the establishment of a legal paternal relationship between a genetic father and a child. Adoption aside, Turkish law relies on three process to establish legal paternity, marriage with the mother, recognition, and court decision. Under Turkish law a child can only have legal paternity with one male thus, where a child has an existing legal paternity with a non-genetic father it must be annulled first in order to establish a legal paternity between the child and the genetic father. This study looks firstly at the establishment of a legal paternal relationship between a child and a father under Turkish law and the role of being a genetic father in this respect. In the following part, how to challenge a paternal relationship that has been previously established between a child and a non-genetic father is discussed. In this context, the right of the genetic father to challenge the presumption of the husband’s paternity under Turkish Civil Code No. 4721 is discussed in detail (TCC art. 291/I). Finally, it is contemplated whether a genetic father has a right to determine his paternity without legal consequences within the scope of his personal rights and whether he can establish a personal relationship with a child within the scope of TCC art. 325 in the absence of legal paternity. The position of genetic father under Turkish paternity law is examined in general by taking into account the developments in other countries, in particular under Swiss and German laws.

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