Paternity Case Petition Sample
A paternity case (babalık davası) is a legal proceeding filed to establish a legal father-child relationship when the child is born outside of marriage. This guide by Attorney Hakan ÖZDEMİR explains the legal framework, who can file, the required documents, and the case process under Turkish law.
What is a Paternity Case?
A paternity case is regulated under Articles 301-304 of the Turkish Civil Code. When a child is born out of wedlock and the father does not voluntarily acknowledge paternity through a recognition declaration (tanıma), a paternity case can be filed before the court to establish the legal relationship between the father and the child. Once paternity is established by court order, the child gains all legal rights associated with the father-child relationship, including inheritance rights, the right to use the father's surname, and the right to child support.
Who Can File a Paternity Case?
The following persons have the legal standing to file a paternity case:
- The Mother: The biological mother of the child can file the case against the alleged father
- The Child: The child has an independent right to file the case, which can be exercised through a legal representative if the child is a minor
- The Guardian: If the child is under guardianship, the appointed guardian may file the case on behalf of the child
The case is filed against the alleged father, or against his heirs if the alleged father is deceased.
Filing Deadlines (Statute of Limitations)
The statute of limitations for a paternity case is as follows:
- For the mother: The case must be filed within one year from the date of the child's birth
- For the child: The case must be filed within one year from the child reaching the age of majority (18 years old), meaning the child has until age 19
- If there is a justifiable reason for delay, the court may accept the case even after the limitation period, provided it is filed within one year of the justifiable reason ceasing
Required Documents
The following documents are typically required when filing a paternity case:
- Petition (dava dilekçesi) addressed to the Family Court
- Birth certificate of the child
- Identity documents of the plaintiff (mother or child)
- Evidence of the relationship between the mother and the alleged father (photographs, messages, witness statements, etc.)
- DNA test request (if not previously obtained)
- Medical records or hospital birth records, if available
- Power of attorney if filed through an attorney
Case Process
The paternity case follows these procedural steps before the Family Court:
- The petition and supporting documents are filed with the competent Family Court
- The court notifies the defendant (alleged father) and requests a response
- A preliminary hearing is held to determine the disputed and undisputed facts
- The court typically orders a DNA paternity test, which is the most decisive evidence
- Witness testimony and other evidence are evaluated at the main hearing
- If paternity is established, the court issues a decree establishing the father-child relationship
- The decree is sent to the civil registry for the child's records to be updated
For legal assistance with paternity cases in Elazığ, contact Attorney Hakan ÖZDEMİR for a confidential consultation. Elazığ Law Office provides professional legal support in paternity cases and all related family law matters.