Evlat Edinme Davalarında Türk Mahkemelerinin Milletlerarası Yetkisi

Abstract

Within the scope of this study, the issue of international jurisdiction of Turkish courts in adoption cases with foreign elements was examined. In these cases, the international jurisdiction of Turkish courts is determined within the framework of the jurisdiction rules of article 40 of Turkish Private International Law Act (PILA) and subsequent articles. In this direction, the jurisdiction rules regulated in article 40 of the PILA and article 41 of the PILA, which can find application areas in terms of adoption cases, were first examined. According to article 40 of the PIL, the international jurisdiction of Turkish courts will be determined by the jurisdiction rules of the domestic law. In terms of adoption cases, the rule that shows the jurisdiction in terms of place in domestic law is included in article 315 of the Civil Code. In article 41 of the PILA, on the other hand, a special jurisdiction rule is stipulated in terms of cases related to the personal status of Turkish citizens. Adoption lawsuits are accepted from cases related to the personal status of Turkish citizens. For this reason, if one of the parties is a Turkish citizen, article 41 of the PILA may find application area. Secondly, the adoption system of the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Turkey is a party to it) was examined. And the effects that this system could have on the international jurisdiction of Turkish courts were examined.