ANTALYA FAMILY COURT
PLAINTIFF : ……………….. (T.C. …………………….. )
Address
AGENT : Av…………
Address
DEFENDANTS :
1.
2.
3.
SUBJECT : It is our petition containing our request for the determination of paternity (paternity case).
EXPLANATIONS :
With this petition, we hereby submit to the court our request for the establishment of paternity between the plaintiff and the defendant in line with the client’s request. Our explanations regarding the dispute in question are as follows.
At that time, marriages were made by religious marriage instead of official marriage. In the enquiry we made from the civil registry office, we were informed that there was no official marriage between the client’s father and mother. Since there was no official marriage, a paternity relationship could not be officially established between the child and the father. ” Article 295 of the Civil Code – Recognition shall be made by the father’s written application to the civil registry officer or the court, or by a declaration in an official deed or in his will. ” Since the father is deceased, he could not declare before the civil registry officer that he is his child.
Since there was no official deed or will, a paternity relationship could not be established between the father and the child. The client was registered in his mother’s registry in the civil registry. The client currently has no paternity relationship with any father. Therefore, since there is no paternity relationship established yet, a paternity lawsuit has been filed instead of a lawsuit for correction of the civil registration. Witness statements regarding this process are important and the witness list will be notified to your honourable court.
Since the kinship with the mother is established by birth, ……….. is written in the mother’s name section. ” TMK Article 282- The paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or judgement of a judge. ” However, since his parents are not officially married, ……………… is written in the father’s name section in the population information. ………… is a name written just like that, it is not a person. For this reason, while ………… should be written in the section of the father’s name; since there was no official marriage, the officer wrote the name Abdullah as an ordinary name because the paternity could not be established.
In order to determine that the defendant is the father of our client, we request that a medical examination report be prepared by the Forensic Medicine Institution on the samples taken from the father.
At that time, religious marriages were performed instead of official marriages. We have been informed by the civil registry office that there was no official marriage between the client’s father and mother. My client was registered in his mother’s population. In the father’s section, a casual name was written so that it would not remain blank. Therefore, no paternity was established between my client and the father.
Article 301- The mother and the child may request the court to determine the paternity between the child and the father. The lawsuit shall be filed against the father, or if the father is dead, against his heirs. This provision is applicable.
The client’s paternity with his father has not been established until today. In this case, it has become necessary to file this lawsuit for the establishment of paternity.
LEGAL GROUNDS : Turkish Civil Code Articles 282/2, 301, 303 and related legislation.
LEGAL EVIDENCE : Population records, hospital records, witnesses, expert examination, oath, DNA test, medical examination report and all kinds of relevant evidence.
CONCLUSION-DEMAND : For the reasons explained above and to be taken into consideration ex officio by your honourable court;
Firstly, the heirs should be identified and ………………………….
He’s right ……………….
Determination of the client’s ………………… between……………. and……………………..SINA
All kinds of judgement expenses and attorney fees shall be charged to the other party,
We request a judgement by proxy.
Plaintiff Representative
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