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UK Adoption Orders in the Turkish Civil Registry

How a UK adoption order is apostilled, recognised by a Turkish court and then registered with the Turkish population directorate (nüfus müdürlüğü).

A UK adoption order is not entered in the Turkish civil registry on its own. Under Law 5490 Article 30/2, a final foreign adoption decision can be carried out in Türkiye only after a competent Turkish court grants recognition (tanıma) or enforcement (tenfiz). Article 60/1 of the Population Services Implementing Regulation also requires recognition or enforcement before a District Population Directorate can process a final foreign court decision. The provisions of international conventions to which Türkiye is a party are reserved.

Preparing the order in the UK

An adoption order is a court document. The Legalisation Office of the Foreign, Commonwealth & Development Office legalises court documents that carry a wet ink court seal. You apply online, either for a paper apostille or for an e-Apostille. An e-Apostille is available for PDF documents electronically signed by a UK notary or solicitor. If you need a certified copy of the order for legalisation, a notary based in the UK must make it.

The Turkish court also needs proof that the order is final. Article 53/1 of Law 5718 (MÖHUK) asks for one of two things. The first is the original order, duly approved by the UK authorities. The second is a copy approved by the court that issued it. The court also needs an approved document showing that the decision is final. Each item needs an approved translation (onanmış tercüme). The quoted texts do not say which UK document serves as proof of finality. Confirm this with the Turkish court before you apply for the apostille.

Recognition and registration in Türkiye

Anyone with a legal interest can apply by petition (MÖHUK Article 52/1). The Civil Court of First Instance (asliye mahkemesi) handles enforcement. Under Article 58, recognition requires the court to find that the enforcement conditions are met. The reciprocity condition in Article 54/1-a does not apply to recognition. Recognition of non-contentious decisions follows the same rule. Where such a decision has no opposing party, the service provision does not apply (Article 55/1).

Once the court grants recognition, the population directorate can process the adoption. Abroad, a Turkish mission can do this. Article 59/1 of the same Regulation covers originals issued under international treaties to which Türkiye is a party. If they bear the signature and seal of the competent authority, they are processed without further certification. Article 30/1 of Law 5490 adds a condition for adoptions carried out before foreign authorities. They are valid in Türkiye only if they comply with Turkish law on the essential requirements.

If the adoptive parent is a Turkish citizen and the child is a minor, the child may acquire Turkish citizenship from the date of the decision. This applies provided there is no obstacle on national security or public order grounds (Law 5901 Article 17/1). The Ministry of Interior is the authority for this step. The court and the directorate decide on acceptance. The sworn translation is made in Türkiye by translators sworn before a Turkish notary.