The Hague Convention Framework for Intercountry Adoption in Turkey

An intercountry adoption, where the child and the prospective parents are habitually resident in different states, is governed not only by domestic law but by an international framework built on cooperation between two states. The foundation of that framework is the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Turkey is a party to this Convention, which brings the official authorities of both states into the process in order to prevent the abduction, sale of, or trafficking in children and to bar commercial intermediation. Unlike the general adoption procedure, this article focuses solely on how an intercountry adoption operates strictly between two Hague contracting states.

Turkey's Status as a Party to the 1993 Hague Convention

Turkey ratified the 1993 Hague Convention through Council of Ministers Decision No. 2004/7087 of 5 April 2004, making it part of domestic law. Under Article 90 of the Constitution, a duly ratified convention has the force of law and applies directly.

The Convention applies only where both the State of origin (the child's habitual residence) and the receiving State (where the prospective parents live) are contracting parties. In other words, both the child's country and the family's country must be party to the Convention. In Turkey, domestic implementation is detailed by the Regulation on the Conduct of Mediation Activities for the Adoption of Minors of 15 March 2009, which separately governs the scenarios in which Turkey is either the State of origin from which the child comes or the receiving State to which the child goes.

The Central Authority Mechanism

The most distinctive feature of the Hague Convention is that it obliges every contracting state to designate a Central Authority. Instead of families or private individuals negotiating directly, the process runs through the official cooperation channel between the two states' Central Authorities. Under Article 3 of the Regulation, the unit responsible for intercountry adoption is the Central Authority, which carries out these operations in cooperation with the Central Authority of the State of origin or the receiving State.

In Turkey, the Central Authority function is carried out by the Directorate General of Child Services within the Ministry of Family and Social Services. Applicants living abroad apply not directly to the Turkish administration but to the Central Authority of their own country; the file is then transmitted to the Turkish Central Authority through that authority. This creates a traceable, monitored chain between the official organs of the two states.

The Convention's Core Safeguards

The Convention introduces three complementary safeguards to protect the best interests of the child:

The subsidiarity principle: Intercountry adoption arises only where no suitable domestic placement can be found for the child in the State of origin. In other words, international placement is a secondary route reserved for cases where domestic solutions have been exhausted; it is the exception, not the rule.

Matching and consent procedure: The match between the child and the family is made through the mutual assessment of the two Central Authorities. Article 16 of the Regulation requires that, before the child is handed over, an agreement must have been reached between the Turkish Central Authority and the Central Authority of the receiving State on the adoption. The necessary consents must be given freely and without any material inducement.

Certificate of Conformity: Under Article 23 of the Convention, the competent authority of the state where the adoption took place issues a certificate confirming that the adoption was carried out in accordance with the Convention. This certificate secures the automatic recognition of the adoption in other contracting states, so the family need not litigate afresh in each country.

How the Hague Route Differs from Ordinary Cross-Border Adoption

A Hague adoption in which both states are contracting parties differs procedurally, in significant respects, from an ordinary cross-border adoption based on general private international law. Where one party is not a contracting state, the process runs under Law No. 5718 on Private International Law and Procedure, centred on determining the applicable law and recognising a foreign judgment; the Central Authority channel and the automatic-recognition safeguard do not come into play.

By contrast, under the Hague route the operations run between two official authorities from the outset, agreement is required before the child is handed over, a one-year monitoring period follows the placement, and the completed adoption is recognised in other contracting states through the certificate of conformity. In this respect, the Hague framework offers the family ground that is both more predictable and immune to later challenges to its validity.

Practical Road Map

For foreign nationals living in Hague contracting states who wish to adopt a child from Turkey, the practical steps are: first apply to the Central Authority of your own country and obtain an eligibility decision on the basis of the home-study report prepared there; ensure that this file is transmitted to the Turkish Central Authority through your own state's authority; await the matching and the agreement between the two authorities; complete the handover of the child and the one-year monitoring process; and finally obtain the certificate of conformity under Article 23 of the Convention. In placements from Turkey abroad, the child may only leave the country once the Central Authorities have approved and the requisite court process is complete.

Frequently Asked Questions

Can the Hague route be used for adoption from any country? No. The Hague route operates only where both the child's country and the family's country are parties to the Convention. If either is not a contracting state, the process runs under the general rules of private international law.

Can I apply directly to the Central Authority? As a rule, no. Applicants living abroad first apply to the Central Authority of their own country; the file is then transmitted to the Turkish Central Authority through that authority.

What is the certificate of conformity for? Issued under Article 23 of the Convention, this certificate ensures that the adoption is treated as valid in other contracting states without the need for a separate recognition action.

Why is a Hague adoption different from an ordinary cross-border adoption? Under the Hague route the two states' Central Authorities cooperate officially, matching and consent are supervised, monitoring is provided for, and the decision is recognised automatically. In the general procedure, questions of applicable law and recognition under Law No. 5718 take centre stage.

How Mona Hukuk Can Help

Intercountry adoption within the Hague framework requires coordination between the authorities of two states, the adaptation of foreign documents to Turkish law, and meticulous procedural follow-up. At Mona Hukuk we guide clients through Central Authority applications, support them in the certificate-of-conformity and recognition processes, and provide representation before the family courts.

For consultation in Antalya, you can write to contact@monahukuk.com or call +90 (242) 606 14 32.