The Concept of Lineage, Types of Lineage and a General Evaluation of the Establishment of Lineage

Abstract

The aim of this study is to examine the legal and bioethical problems that arise in the field of lineage in our Civil Law. While these problems were examined, the concept of lineage, its types, the establishment of paternity and its provisions were discussed theoretically. Comparisons were made to better understand the development of the problems. With the entry into force of the new Turkish Civil Code(TCC) No. 4721 on January 1, 2002, very important changes were made. One of the most important changes among these changes is the changes made in the field of "lineage Law". With our new Civil Code, the concepts of valid lineage and non-authentic lineage have been abolished and only the concept of "lineage" has been included. An attempt has been made to envisage common provisions between the child born within marriage and the child born outside of marriage and to minimize privileges. In order for the provisions of lineage regulated in Articles(art.) 321-334 of the Turkish Civil Code to be implemented, lineage must be established between the child and the mother and father. In order to establish lineage in the Turkish Civil Code, a blood bond or an adoption relationship is required between the child and his/her parents. Family lineage based on blood ties; birth from the mother's side, paternal lineage between the child and the father; It can be established through marriage with the mother, recognition, judgement, and adoption. Paternity case; It is filed by the mother and/or the child against the man who is claimed to be the biological father of the child. If the child has a lineage relationship with another man, a lineage relationship cannot be established between the biological father and the child by recognition. In terms of the provisions of paternity in the Turkish Civil Code, no distinction is made according to the way in which the filiation based on blood ties was established between a person and his parents, and whether the person was born within or outside of marriage. Children born within marriage and children born outside of marriage are considered equal in rights and duties in terms of their relations with their parents and are subject to the same provisions. These provisions of the Turkish Civil Code regarding paternity are also applied to the adopted child in cases where there is no special provision regarding adoption. In the study, although it is not very detailed, it has been tried to clarify the solution of the problems related to the determination of lineage by making use of the new Civil Code and the views in the doctrine.