An adopted person and their descendants become statutory heirs of the adopter in the same way as blood relatives; the adopted person’s inheritance rights in their own family also continue. By contrast, the adopter and their relatives do not become statutory heirs of the adopted person solely on the basis of the adoption relationship. Nor does the adopted person become a direct heir of the adopter’s parents by taking the adopter’s place. These different aspects require Article 500 of the Turkish Civil Code (TMK) to be read together. [Source 1]
An inheritance calculation cannot rest on the statement “there is an adopted child” alone. The court decision establishing the adoption and the parties to it, the dates of the decision and of each death, the surviving spouse, other children, biological family ties and any will must all be examined. In this article, the term “adopted child” also covers, within the relevant conditions, persons who were adopted as adults for the purposes of inheritance law.
When does adoption create an inheritance relationship?
Adoption is established by a court decision made in accordance with the statutory conditions. Raising a child for years, taking on their care, acting as a foster family or calling a child “my child” within the household does not by itself replace an adoption decision. For an inheritance certificate, the legal relationship must be verified through the decision and the population registry records. [TMK Article 315; Source 1]
If the adopter dies or loses capacity of discernment (ayırt etme gücü) after an application has been filed, this does not necessarily prevent the adoption, provided the other conditions are not affected. This special situation must not be confused with a death that occurs before any application has been made at all. Where an adoption file is still pending, the outcome of the file and the legal effect of the relationship should be assessed before any inheritance proceedings begin.
Adoption proceedings fall within the jurisdiction of the family court. The courts for the certificate of inheritance and for estate disputes depend on the type of claim. In the case of a foreign adoption decision, the applicable law, the recognition of the decision in Türkiye and its entry in the population registry are examined separately. A translation of a foreign document alone may not be sufficient for inheritance proceedings in Türkiye in every case. [Sources 3–4]
Can an adopted child also inherit from their own family?
Yes. Under Turkish law, the adopted person’s inheritance rights in their own family continue. It cannot be said that the adoption completely severs the statutory inheritance link with the biological mother or father. Each inheritance opens separately upon the death of the relevant person and is calculated according to the rights holders in that estate. [TMK Article 500; Source 1]
This result does not mean “two shares automatically taken from the same estate.” When an adopted person inherits from both a biological father and the adopter, this means they hold rights in the separate estates of different decedents. Where the adopter is also a biological relative, the combined application of different grounds of statutory inheritance and the calculation by parentela and stirpes require separate evaluation; shares are not automatically doubled merely because two ties exist.
A comparative study by Burcu Zengin Özküçükparlak, as summarized by the publisher, distinguishes the limited adoption model of Turkish law from the full adoption model of Swiss law. Preserving the bond with the biological family is the defining feature of this outcome under Turkish inheritance law. Rules from foreign systems or from reform proposals should not be carried directly into current Turkish law. [Source 5]
Are the adopted child’s shares equal to those of the adopter’s other children?
The adopted person is a descendant of the adopter and, as a rule, receives an equal statutory share together with other children of the same degree. The fact that a child was adopted does not by itself justify a smaller share. However, a surviving spouse, the descendants of a predeceased child, renunciation, disclaimer or dispositions by will may change the concrete distribution.
| Hypothetical family structure | Statutory shares | Explanation |
|---|---|---|
| The adopter has no spouse; one biological and one adopted child | Each child 1/2 | Assumes there are no other lines of descendants and no special dispositions |
| A surviving spouse and two children, one of them adopted | Spouse 1/4; each child 3/8 | If the spouse has a claim under the matrimonial property regime, it is assessed first, separately |
| A surviving spouse and one adopted child | Spouse 1/4; child 3/4 | The adopter’s parents cannot take a statutory share while descendants exist |
| No spouse; one adopted child only | The child takes the whole | It is not assumed that other relatives hold a reserved portion or a statutory share |
Shares are not applied directly to the gross estate. Estate debts, funeral and statutory expenses, the liquidation of the matrimonial property regime and related additions are examined separately. Hypothetical example: If the net estate is 8 million TL and there is a surviving spouse and two children, the spouse receives 2 million TL and each child receives 3 million TL. This calculation assumes, as with a participation claim, that items arising before the estate have already been separated.
If the adoption decision was made between only one spouse and the person, the other spouse does not acquire the status of adopter merely because they are married. Any direct statutory inheritance right of the other spouse must rest on a separate legal relationship. For this reason, the scope of the court decision matters as much as the family table shown in the population records.
In what circumstances do the adopted person’s children become heirs?
TMK Article 500 also covers the descendants of the adopted person. If the adopted person dies before the adopter, their descendants may take the adopted person’s place under the statutory rules of representation and division per stirpes (kök). The conclusion that “because the adopted person has died, their entire line is removed from the inheritance” is not established.
Hypothetical example: The adopter has no spouse; a biological child is alive; the adopted child died earlier, leaving two children. If there are no other special circumstances, the surviving biological child takes half of the estate. The two children of the predeceased adopted child divide their parent’s half equally and each takes one quarter. Shares are not divided equally per head at every generation; the lines are preserved.
If the adopted person is alive when the adopter dies, they first acquire the inheritance themselves. If they die later, that property becomes part of their own estate and passes to their own heirs. This second transfer differs from representation of the adopter as a direct heir. The order of death must be established by documents. [TMK Articles 495, 500, 599; Source 1]
Does the adopted child become a direct heir of the adopter’s parents and siblings?
The adoption relationship does not create an unlimited inheritance bond that makes the adopted person a blood relative of all the adopter’s relatives. When the adopter’s parent dies, direct statutory inheritance does not, as a rule, arise by taking the place of an adopter who died earlier. Likewise, a statutory claim to the estate of the adopter’s sibling cannot be expected solely because of this relationship.
In a decision of the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) dated February 29, 2024, E.2023/1144, K.2024/1223, the adopter died in 2017 and the adopter’s mother in 2019. The adopted person’s non-recognition as a direct heir of the adopter’s mother, by taking the place of the adopter, and the instruction to correct the certificate of inheritance accordingly were upheld. The decision shows the limit of direct inheritance toward the adopter’s relatives. [Source 6]
Why can the order of death change the result?
If the adopter’s mother dies first and the adopter acquires her estate, that property enters the adopter’s own estate. If the adopter dies later, the adopted child may inherit from the adopter’s estate. Here the child acquires through the adopter’s estate, not directly from the grandmother.
This distinction is not merely theoretical. Because inheritance is acquired upon death, even where transfer of title in the land registry has not yet been carried out, the intermediate death and the chain of inheritance matter. The fact that the first decedent’s name still appears in the land registry does not mean that later acquisitions never took place. A separate certificate of inheritance for each death, and the establishment of the full chain, may be required.
Can the adopter inherit from the adopted child?
The adopter and their relatives do not become statutory heirs of the adopted person solely by reason of the adoption relationship. When the adopted person dies, their spouse, descendants and other statutory heirs in their own family are assessed according to the rules on order and spouse. The adopter’s long-term provision of care does not automatically reverse this statutory position. [TMK Article 500(2); Source 1]
There are two important limits. First, if the adopter is also a biological relative of the adopted person, a separate inheritance right may exist on the basis of independent blood relationship. Second, within the limits of capacity to make dispositions (tasarruf ehliyeti) and of reserved portions, the adopted person may make a gift to the adopter by will or inheritance contract. Not being a statutory heir does not mean that every gift made on death is prohibited.
A house previously given by the adopter does not automatically return when the adopted person dies. Unless the donation or transfer contract contains valid special provisions, the estate in which the property is located and the heirs are decisive. If a return, usufruct or other security is intended, its lawful form and scope must be established separately.
Is there a reserved portion? Can a will reduce the share?
As a descendant of the adopter, the adopted person enjoys reserved-portion protection. The reserved portion of a descendant is half of the statutory share. It is not an unchangeable half of the estate for each child. The statutory share is calculated first; half of it is then determined. [TMK Articles 505–506; Source 1]
Hypothetical example: With a spouse and two children, each child’s statutory share is 3/8 and their reserved portion is half of that, 3/16. In the example without a spouse and with two children, each child’s statutory share is 1/2 and their reserved portion is 1/4. In calculating abatement, the net estate, gifts that must be added by law and the type of disposition are assessed separately.
The adopter may make gifts to others out of the freely disposable portion. If the reserved portion is infringed, an abatement claim may arise under its conditions. TMK Article 571 provides for a period of one year from learning of the matter and ten years from the relevant statutory starting point. An action for annulment is based on grounds of capacity, intent, unlawfulness and form. Reducing a reserved portion does not by itself mean that the entire will is annulled.
Disinheritance is also possible only on statutory grounds and within the required form. The statement “they are not my biological child” is not in itself a ground for disinheritance. The relevant conditions, such as family obligations or serious misconduct, are examined in concrete terms. Termination of the adoption relationship is, by contrast, a different route in family law from disinheritance.
Older adoptions and termination of the relationship
For adoption agreements concluded before January 1, 2002, Article 14 of Law No. 4722 provides that existing agreements remain valid with all their provisions. A file should not be concluded by a short summary of the current TMK Article 500 without examining the former agreement and any special records relating to inheritance from the older legal period. The date on which the inheritance opened is also assessed under Article 17 of Law No. 4722. [Source 2]
Therefore, for an older adoption, the examination must extend beyond the current population record to the original court decision, the agreement and its annexes. If the document has been lost, the relevant court and archive records may be consulted. The effect of a provision in an older agreement does not mean that the same provision may freely be included in a new adoption.
Termination of the adoption relationship is assessed under the grounds and time limits in TMK Articles 317–319. A simple family disagreement or dissatisfaction with the distribution of an inheritance does not by itself bring about termination. The effect on inheritance of a pending or final termination action is examined together with the dates of the decision and of death. A certificate of inheritance file does not by itself resolve every validity dispute in family law.
Certificate of inheritance, documents and dispute routes
The application should check the parties to the adoption decision and its finality, current population records, all dates of death, and marriage and descendant information. Where there is a foreign decision or an older adoption agreement, these must be submitted separately. Whether a notary or a Civil Court of Peace (sulh hukuk) route is available depends on the nature of the file. A dispute, a foreign element or uncertainty in the registry may require judicial review. For files in which the adopted child is a foreign national, the article on a foreign heir obtaining a certificate of inheritance in Türkiye may also be consulted.
An incorrect certificate of inheritance may be challenged as invalid. However, if title has been transferred or money has been distributed, correction of the document must be accompanied by the appropriate return, registration or claim for payment. Actions such as recovery of estate property (istihkak) and abatement have their own time limits; learning of the family relationship later does not automatically eliminate every time limit.
Confidentiality of adoption records is also protected. Article 314 TMK limits the disclosure of the relevant records and information to a court decision or to the request of the adopted person. Legal channels should be used when conducting inheritance research, and personal information about family members should not be shared on public platforms. A document and timeline that contain no unnecessary personal data protect both the follow-up of the file and privacy.
Conclusion
The inheritance rights of an adopted person must be evaluated in three separate respects: descendant inheritance toward the adopter, rights that continue in their own family, and the limit of direct inheritance toward the adopter’s relatives. The adopter’s reverse statutory inheritance is not the same. For an accurate calculation, the court decision, older agreements, the order of death, the spouse and other descendants, and the reserved portions must be examined together. On the relevant aspects of the topic, see our articles on the effect of filiation actions on inheritance and the equalization claim of descendants, and our page on inheritance law and inheritance proceedings.
Frequently Asked Questions
Does an adopted person also inherit from their biological parents?
Their statutory inheritance in their own family continues. The estate of each decedent is calculated separately.
Does an adopted child receive the same share as a biological child?
As a rule, they receive an equal statutory share as a descendant of the same degree toward the adopter. The surviving spouse, other descendant lines and special dispositions are assessed separately.
Can the children of an adopted person become heirs of the adopter?
Yes. TMK Article 500 covers descendants; the order of death and the rules of representation determine whether inheritance arises.
Can an adopted child inherit directly from the adopter’s mother?
Solely on the basis of the adoption relationship, they cannot take the place of the adopter who died earlier and inherit directly as a statutory heir. Independent blood relationship or a disposition on death is assessed separately.
If the grandmother dies first and then the adopter, is the result different?
If the adopter acquired the grandmother’s estate, that property enters the adopter’s own estate. The adopted child may later inherit from the adopter’s estate.
Does the adopter inherit from the adopted person?
Not solely on the basis of the adoption relationship. An independent blood relationship or a valid will may provide another basis.
Does an adopted child have a reserved portion?
As a descendant toward the adopter, they have a reserved portion equal to half of the statutory share. The concrete statutory share must be calculated first.
Does being a foster family confer inheritance rights?
Not by itself. An adoption decision or another statutory or death-based disposition is required.
Do the same rules apply to adoptions made before 2002?
The full content of the older agreement and the transitional law must be examined. The current rule should not be applied to an older file without its documents.
If the adopter dies while an adoption application is pending, does the process necessarily end?
No. Under TMK Article 315, death may not prevent the adoption if the other conditions are not affected. The outcome of a pending file must be taken into account in inheritance proceedings.
Sources and legal bases
- Law No. 4721 on the Turkish Civil Code (Türk Medenî Kanunu), Articles 305–319, 495, 498–500, 505–506, 510–513, 571, 598–599, 637–639. Accessed October 13, 2026.
- Law No. 4722 on the Enforcement and Implementation of the Turkish Civil Code (Türk Medenî Kanununun Yürürlüğü ve Uygulama Şekli Hakkında Kanun), Articles 14, 17. Accessed October 13, 2026.
- Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts (Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun), Articles 2, 4. Accessed October 13, 2026.
- Law No. 5718 on Private International Law and Procedure (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), Articles 18, 20, 50 et seq., 58. Accessed October 13, 2026.
- Burcu Zengin Özküçükparlak, “On the Consequences of Adoption for Inheritance Law: A Comparative De Lege Ferenda Assessment with Swiss Law” (Evlat Edinmenin Miras Hukuku Açısından Sonuçları Üzerine İsviçre Hukukuyla Karşılaştırmalı De Lege Ferenda Bir Değerlendirme), Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi (Marmara University Faculty of Law Journal of Legal Research), 2023, 29(1), 631–644, DOI: 10.33433/maruhad.1278006. The comparison in the publisher’s summary is relied on.
- Court of Cassation, 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi), February 29, 2024, E.2023/1144, K.2024/1223; full text of the decision accessed. Examined with regard to direct inheritance rights toward the adopter’s relatives.