Denial of Parentage and Paternity Actions in Türkiye

In Turkish law the legal tie between a child and a parent is called "soybağı" (parentage), and it is the source of the child's most fundamental rights: maintenance, inheritance and surname. Sometimes an existing parentage does not reflect biological reality, and sometimes a paternal bond that was never formally created must be established through the courts. The Turkish Civil Code (TCC, Law No. 4721) provides two distinct actions for these situations: the denial of parentage action, which rebuts an existing presumption, and the paternity action, which establishes a father-child bond outside marriage. This article explains the legal basis, deadlines and consequences of each.

The Paternity Presumption and How Parentage Arises

Under TCC Article 282, parentage between mother and child arises automatically at birth, while parentage between father and child is established through marriage to the mother, acknowledgment, or a court judgment. For children born within marriage the law creates a paternity presumption: under Article 285, the husband is the father of a child born while the marriage subsists or within three hundred days of its termination. A child born after that period is attributed to the husband only if it is proven that the mother conceived during the marriage.

Strong as it is, this presumption is not conclusive. Where the husband is not in fact the father, the presumption can be rebutted, but the only route to do so is the denial of parentage action described below. Until it is rebutted, the husband remains the legal father.

The Denial of Parentage Action (TCC Arts. 286-289)

The denial of parentage action seeks to remove the paternity presumption linking a child born in wedlock to the husband. Under Article 286, as amended by Law No. 7531 of 7 November 2024, this action may be brought by the husband, the mother, or the child, and is directed against the other persons entitled to sue. Since the mother previously had no independent right of action, this amendment is a significant practical development.

The burden of proof depends on when the child was conceived. Under Article 287, if the child was conceived during the marriage, the claimant must prove that the husband is not the father. Under Article 288, if the child was conceived before the marriage or during a period of living apart, the claimant need not bring further proof; however, if there is convincing evidence that the spouses had relations during the conception period, the presumption stands.

The most critical point is the limitation periods. Under Article 289, the husband must file within one year of learning of the birth and of the fact that he is not the father, or that the mother had relations with another man around the time of conception. The mother must sue within one year of the birth, and the child within one year of reaching majority. Where the delay is justified, the period runs from the date the impediment ends. Because missing the deadline leads to dismissal, dating these events precisely is essential.

The Paternity Action (TCC Arts. 301-304)

Where there is no marriage and therefore no paternity presumption, the paternity action allows the parentage between a child and the man believed to be the biological father to be established by court order. Under Article 301, the mother and the child may seek this determination; the action is brought against the father or, if he has died, his heirs, and is notified to the public prosecutor and the Treasury.

Article 302 treats it as a presumption of paternity that the defendant had relations with the mother between the three-hundredth and the one-hundred-and-eightieth day before the birth. The defendant defeats the presumption by proving that it is impossible for him to be the father, or that a third party is more likely to be. Today the strongest tool for this proof is DNA (genetic) testing. Under Article 284 the judge investigates the material facts of his own motion, and the parties and third persons must consent to examinations that pose no health risk; if the defendant refuses to provide a DNA sample, the judge may treat the expected outcome as established against him.

As for time limits, Article 303 provides that the action may be brought before or after the birth; the mother's right lapses one year after the birth. Because the Constitutional Court annulled the limitation applicable to the child, no strict one-year deadline applies to the child.

Legal Consequences of the Actions

Both actions fundamentally affect the child's status through parentage. Once a denial judgment becomes final, the legal tie between child and husband is extinguished retroactively, ending the related maintenance obligation, inheritance right and surname link. A successful paternity action produces the opposite result: the child acquires parentage with the father, may claim child maintenance from him, becomes his heir and that of his lineage, and as a rule gains the right to bear his surname. Article 304 further allows the mother to claim, together with or separately from the paternity action, the costs of birth and her living expenses before and after it.

Practical Guidance for Foreign Parents

In provinces such as Antalya, with their large foreign populations, parentage disputes involving a non-Turkish party are increasingly common. The applicable law is determined under the Turkish Code on Private International Law and Procedure (Law No. 5718), and the child's habitual residence or nationality is often decisive. Foreign parents should note the following: birth, marriage or acknowledgment documents issued abroad must bear an apostille and be translated into Turkish by a sworn translator; foreign court judgments must go through recognition and enforcement to take effect in Türkiye; the logistics of DNA testing for a party living abroad should be planned in advance; and limitation periods continue to run even while a party is out of the country. These cases are heard by the family courts, and a foreign party may be represented by counsel at hearings.

Frequently Asked Questions

What can be done if a married woman's child was fathered by someone other than her husband? First, the husband, mother or child must file a timely denial of parentage action to rebut the presumption. Once it is removed, acknowledgment by or a paternity action against the real father can follow.

Is a DNA test mandatory in a paternity action? Because the judge investigates the facts of his own motion, DNA testing is frequently used. If the defendant refuses to give a sample, under Article 284 that refusal may be weighed against him.

If I miss the deadline, is my right to sue lost entirely? As a rule yes, but if the delay rests on a justified cause, the period restarts when that cause ends. This is why the deadlines should be assessed with a lawyer.

Does a paternity judgment give the child inheritance rights? Yes. Once parentage is established, the child becomes a legal heir of the father and his lineage, and also acquires maintenance and surname rights.

How Mona Hukuk Can Help

Denial of parentage and paternity actions combine sensitive limitation periods with technical issues such as DNA evidence and the foreign element. At Mona Hukuk we assist our clients with the correct calculation of deadlines, the gathering of evidence, adapting foreign documents to Turkish law, and representation before the family courts.

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