Events
B., who is married to the applicant’s motherEvents
B., who is married to the applicant’s mother.V. The applicant filed a lawsuit in the family court requesting adoption. Thevents
B., who is mavents
B., who is marrEvents
B., who is married to the applicant’s mother.V. The applicant filed a lawsuit in the family court requesting adoption. The court found that the applicant had been living with B.V. and her mother is F.K. that he lives with, B.V.nin decided to grant permission for the applicant’s adoption by stating that the applicant had covered all kinds of educational and maintenance expenses, and that it was in the minor’s best interest to establish an adoption relationship.
Upon notification from the district civil registry office to which the decision was sent, the Chief Public Prosecutor’s Office stated that the adoption relationship could not be established because the age difference between the applicant and B. was below the limit specified in the lawUppon notification from the district civil registry office to which the decision was sent, the Chief Public Prosecutor’s Office stated that the adoption relationship could not be established because the age difference between the applicant and B. was below the limit specified in the law.V. he demanded the Decertification of the adoptive relationship between them. Examining the request, the family court decided to accept the case and cancel the adoption relationship on the grounds that there is no legal requirement that the adopted person must be at least eighteen years younger than the adoptee, on the grounds that there is no legal requirement that the adopted person must be at least eighteen years younger than the adoptee. The appeal filed after the regional court of justice rejected the appeal application on the merits was also rejected and the decision was finalized.
The AllegationsThe appeal filed after the regional court of justice rejected the appeal application on the merits was also rejected and the decision was finalized.
The Allegations
The applicant claimed that his right to respect for family life had been violated due to the decision to remove his adoptive relationship.
The Court’s Assessment
The fact that there is at least an eighteen-year age difference between the adop Decedent and the adopted is included as a final and general condition in the law. During the trial process, which is the subject of the concrete application, evaluations were made by the courts of instance regarding the legal regulation regarding the age difference that should exist between the adop Decedent and the adopted one.he fact that there is at least an eighteen-year age difference between the adop Decedent and the adopted is included as a final and general condition in the law. During the trial process, which is the subject of the concrete application, evaluations were made by the courts of instance regarding the legal regulation regarding the age difference that should exist between the adop Decedent and the adopted one. It has been stated by the courts that the age difference in question protects the adoption institution, prevents abuse, and is in accordance with universal reality and the best interests of the child when considerations such as the child’s physical development, the age of marriage are taken into account. The mentioned reasons emphasize the necessity and importance of the general rule.
However, the most important issue in terms of evaluating the concrete application is whether the regulation regarding the age difference required in adoption is definitive and whether the absence of exceptions in legal regulations constitutes a violation of the state’s positive obligation to make legal regulations within the scope of the right to respect for family life.owever, the most important issue in terms of evaluating the concrete application is whether the regulation regarding the age difference required in adoption is definitive and whether the absence of exceptions in legal regulations constitutes a violation of the state’s positive obligation to make legal regulations within the scope of the right to respect for family life. It is likely that the precise regulation of the minimum age difference requirement and the fact that no exceptions to the minimum age difference are included in our law will lead to grievances in some mandatory cases where the best interest of the child requires. There is no regulation in the legislation that would be an exception to the rule, specific to exceptional situations such as when the age difference is at a reasonable level and when the decision to adopt is necessary to a degree, especially in terms of protecting the best interests of the child.here is no regulation in the legislation that would be an exception to the rule, specific to exceptional situations such as when the age difference is at a reasonable level and when the decision to adopt is necessary to a degree, especially in terms of protecting the best interests of the child. This deficiency may constitute a violation of the state’s positive obligation to establish legal rules that determine and regulate the place of children in the family and society.
In the present case, the applicant was exposed to B. from the age of fourIn the present case, the appIn the present case, thelicant was exposed to B. from the age of four.V.he knew yi as his father, B.V.The father had provided caIn the present case, the applicant was exposed to B. from the age of four.V. the present case, the applicant was exposed to B. from the age of four.V.he knew yi as his father, B.V.The father had provide the present case, the applicant was exposed to B. from the age of four.V.he knew yi as his father, B.VThe father had provided care the present case, the applicant was exposed to B. from the age of four.V.he knew yi as his father, B.V.The father had provided care and supervision to the applicant for many years, and even the applicant later changed his surname to B.V.When the issues that B. acquired the surname of the applicant are taken into account,V. It is clear that a natural and real child-parent relationship has actually been established between them. On the other hand, B.V. He also claimed that he could not be a biological father due to the traffic accident he had. In addition, the applicant stated that B.V. he claimed many times that it would be in his best interest to establish an adoption relationship with him, and it was determined by the public authorities that adoption would be in the best interest of the applicant and would contribute to the protection of family relations.
The fact that the current rule is absolute and general, and that it does not allow any exceptions, harms the principle of protecting the best interests of the child and family life relations, as in the concrete case.he fact that the current rule is absolute and general, and that it does not allow any exceptions, harms the principle of protecting the best interests of the child and family life relations, as in the concrete case. In the light of these evaluations, it was concluded that the positive obligations of the state to create legal regulations required by the right to respect for family life were not fulfilled due to the fact that the regulation does not contain any exceptions and does not leave discretion to practitioners in the face of mandatory situations. It was concluded that the right to respect for family life was violated due to the failure to fulfill the said obligation and that the violation was directly caused by the lack of justified and acceptable exceptions in the regulation regarding the minimum age difference in Law No. 4721.ed that the right to respect for family life was violated due to the failure to fulfill the said obligation and that the violation was directly caused by the lack of justified and acceptable exceptions in the regulation regarding the minimum age difference in Law No. 4721. Since it was determined that the violation was caused by the law and in order to prevent similar violations, it was decided to notify the decision to the Turkish Grand National Assembly. In addition, Article 152 of the Constitution in accordance with Article 90 of the Constitution, an appeal may be filed with the Constitutional Court for the annulment of the relevant legal provision or. considering that the last paragraph of the article can be applied, there was also a legal benefit in holding a retrial.ccordance with Article 90 of the Constitution, an appeal may be filed with the Constitutional Court for the