The inheritance rights in Türkiye of a child adopted abroad require first determining by which legal route the adoption relationship takes effect in Türkiye, and then determining the law applicable to the inheritance. The same recognition method does not apply to every foreign adoption. Properly documented proceedings within the scope of the 1993 Hague Intercountry Adoption Convention are distinguished from foreign decisions outside that scope. If Turkish inheritance law applies, the adopted child and the child’s descendants become heirs of the adopter in the same way as blood relatives. [1, 3, 4]
The problem often becomes visible only after the adopter’s death. Although the adopter’s name appears on the child’s foreign birth certificate, the records in Türkiye may differ. Other heirs may object to the relationship or to the finality of the document. In such a file, showing only the child’s passport or new surname may not be enough. The legal source of the adoption, its scope and its effect in Türkiye must be documented.
Why are the adoption relationship and inheritance law examined separately?
Article 18 of the Private International and Procedural Law (MÖHUK) contains special conflict-of-laws rules on the capacity and conditions for adoption, the spouse’s consent and the effects of adoption. Inheritance, by contrast, is assessed separately under Article 20. The existence of a recognized adoption relationship does not give rise to the same inheritance share for every asset in every country. The national law of the deceased, Turkish law for immovables located in Türkiye, and the special provisions on the acquisition of an inheritance are considered together. [3]
Under Article 18 of MÖHUK, the capacity and conditions for adoption are governed by the national law of each of the parties at the time of the adoption. For the spouse’s consent to the adoption, the national laws of the spouses apply together. For the effects of adoption, the national law of the adopter is relevant; where spouses adopt jointly, the law applicable to the general effects of marriage is relevant. The review by a court that recognizes a foreign decision should not be confused with the examination of the applicable law when a new adoption is being established. [3]
This distinction is particularly important for full and limited adoption models. In some systems the legal bond with the previous family ends, whereas under the limited model of the Turkish Civil Code the inheritance relationship with the biological family continues. Unless it is determined which family ties are accepted when a foreign decision is recognized, it cannot be said that “the child inherits from both families in every case.” The effect of the decision, the applicable convention and the inheritance status must be read together. [1, 4, 8]
Which adoptions does the 1993 Hague Convention cover?
The subject of the Convention is the process in which a child habitually resident in one Contracting State and a person or spouses seeking to adopt habitually resident in another Contracting State are involved, with the child being moved to the other State either for the purpose of adoption or after the adoption. It is not enough that the child is a foreign national or that the decision was issued by a foreign court. Where the child and the adopters reside in the same country, it cannot be automatically assumed that the proceedings fall within the scope of the Convention. [1]
Age, timing and applicability between States are also checked. Article 3 of the Convention takes as its basis that the agreement of the relevant authorities under Article 17(c) is reached before the child attains the age of eighteen. Adoption proceedings concerning adults cannot be brought directly within this child protection regime. The temporal application condition in Article 41, together with the accession and entry-into-force dates of the States Parties and any reservations or objections, is also important. [1]
The official status table of the HCCH shows 1 September 2004 as the date of entry into force of the Convention for Türkiye. The fact that a country has merely signed does not show that the requirements of party status and entry into force have been completed. For this reason, the relevant dates of both Türkiye and the other State, and the treaty relationship between them, must be checked in the file. The 1993 Adoption Convention should not be confused with the 1996 Child Protection Convention, which regulates other matters. [2]
What does the Article 23 certificate provide?
Under Article 23 of the Convention, an adoption certified by the competent authority as having been made in accordance with the Convention is recognized by operation of law in the other Contracting States. The certificate also states when and by whom the agreements given under Article 17(c) were made. Accordingly, for a properly documented adoption within the scope of the Convention, a separate MÖHUK recognition action should not be assumed to be necessary, as it would be for all foreign decisions. [1]
This certificate is not the same as an apostille. While an apostille serves a certification function, the Article 23 certificate relates to an adoption made in accordance with the Convention. Recognition by operation of law also does not mean that no documents will be requested in population, certificate of inheritance or land registry procedures. The decision, the certificate of conformity, translations and identity links should be submitted so that the relevant authority can enter the correct relationship in the records. The public policy exception in Article 24, which is framed with regard to the best interests of the child, is also reserved. [1]
How are foreign decisions outside the scope of the Convention assessed?
In cases where the 1993 Convention does not apply, the recognition provisions of MÖHUK and Article 30 of the Population Services Law No. 5490 are examined together. Article 30 contains a special provision on the substantive conditions of an adoption made before a foreign competent authority and on giving effect in Türkiye to the decisions and documents of foreign judicial or administrative authorities. For this reason, one should not jump to either of two extreme conclusions, such as “an administrative authority issued it, so it cannot be used in any way” or “it is valid in the foreign country, so no procedure is needed in Türkiye.” [3, 5]
In recognition, the finality of the foreign decision (or its legal nature under the relevant special provision), jurisdiction, public policy and the right of defense are assessed. Under Article 58 of MÖHUK, no reciprocity requirement is sought for recognition. A Turkish court does not equate an ordinary recognition review with a new adoption action. Nevertheless, the provision of Article 30 on substantive conditions, the applicable law and, where relevant, the priority of a convention must be addressed separately according to the particular file. [3, 5]
In an application for recognition concerning family law, the competent court and territorial jurisdiction are determined, and the necessary parties are given the opportunity to participate in due form. The death of the adopter may not remove the need for recognition on account of the child’s inheritance right. The standing of the other heirs and the child’s representation must be clarified at the outset. Preparing an application under the heading of a “population registration action” that in reality skips the recognition stage that is actually required may prolong the process. [3, 6]
| Nature of the file | Primary review | Next step |
|---|---|---|
| Within the scope of the 1993 Convention, proceedings with an Article 23 certificate | Scope, relationship between States and certificate of conformity | Use of the recognized status in the relevant records |
| Final foreign decision outside the scope of the Convention | Conditions of MÖHUK and Article 30 of Law No. 5490 | Recognition by the appropriate court and follow-up of registration |
| Only a birth or new identity document | The actual legal basis of the adoption relationship | Obtaining the original decision and supporting documents |
| Foreign document whose finality is uncertain | Verifying the final nature of the decision | Supplementary document from the competent foreign authority |
What does the 2025 Court of Cassation decision say about the certificate of finality?
In its decision of 11.12.2025, E.2025/5584, K.2025/11094, the 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) examined a request for recognition and enforcement of a foreign adoption decision. The court of first instance had granted the request, and the regional court of appeal dismissed the appeal on the merits. The Court of Cassation, however, stated that it could not be understood from the translation in the file whether the decision had become final, requested that the necessary document be obtained, and reversed the judgment. [6]
This result does not mean that the child’s adoption relationship was definitively rejected on the merits. The decision points to the lack of the document needed to reach a legal conclusion. In an inheritance file, if the finality notation has not been translated, one should not proceed on the assumption that it appears on the original document. The certificate of finality obtained from the competent authority and its appropriate translation should be prepared together.
The decision of the 8th Civil Chamber of the Court of Cassation (Yargıtay 8. Hukuk Dairesi) dated 01.06.2020, E.2020/989, K.2020/2694, also shows the importance of reviewing missing documents. At the stage of correction of the decision, the earlier affirmance was set aside, and a reversal was ordered because the case had been decided without the necessary inquiry and documents having been obtained from the foreign authority. This decision cannot be read as “finality is not required.” How a missing document is to be supplied and the substantive and procedural conditions of recognition are separate matters. [7]
What is the adopted child’s inheritance share under Turkish law?
If Turkish inheritance law applies, under Article 500 of the Turkish Civil Code (TMK) the adopted child and the child’s descendants become heirs of the adopter in the same way as blood relatives. An adopted child is not placed in a lower statutory share than a biological child merely because of being adopted. In calculating the share, the surviving spouse, the other children, any descendant who died earlier and any dispositions upon death are taken into account together. [4]
In a simple example, the deceased leaves a surviving spouse, one biological child and one adopted child. If Turkish law applies, both children are alive and there is no other circumstance changing the shares, the surviving spouse takes one quarter of the estate; the two children take the remaining three quarters equally, three eighths each. This example concerns the net estate. Debts, the claim arising from the matrimonial property regime, and reserved portion and will issues must be calculated separately. [4]
If the adopted child dies before the adopter, the inheritance rights of the child’s descendants may come into play. However, the fact that the child becomes an heir of the adopter as a blood relative would does not mean that the child automatically becomes a statutory heir of all the adopter’s relatives. In the limited model under Turkish law, the relationship is assessed along the axis of the adopter, the adopted child and the child’s descendants. [4, 8]
Does the adopted child inherit directly from the adopter’s parents?
Under Turkish law, the adoption relationship alone does not, by representing the adopter, give rise to a right to be a statutory heir of the adopter’s parents. By contrast, if the adopter inherited an asset from the adopter’s own mother or father and that asset later became part of the adopter’s own estate, the adopted child may benefit from that estate as the adopter’s heir. Direct inheritance from a grandparent is different from a later inheritance of an asset that had previously passed to the adopter. [4, 8]
Does the adopter become an heir of the adopted child?
Article 500 of the TMK provides that the adopter and the adopter’s relatives will not be statutory heirs of the adopted child. This is the one-sided feature of the adoption relationship under Turkish law with respect to inheritance. Nevertheless, inheritance on another legal ground, for example a valid disposition upon death, may be assessed separately within its own conditions. [4]
Does the right to inherit from the biological family always continue?
Under the Turkish limited adoption model within the scope of Article 500 of the TMK, the adopted child’s right to inherit within the child’s own family continues. However, the same result cannot be generalized to all countries without examining the recognition and effects in Türkiye of a full adoption made in a foreign country. The summary of the comparative study by Burcu Zengin Özküçükparlak particularly notes that the full and limited models produce different results with respect to inheritance. [4, 8]
Article 26 of the 1993 Convention provides that recognition also covers the parent–child relationship and, if the conditions are met, the termination of the previous legal bond. Article 27 addresses the conversion, under certain conditions, of an adoption with limited effect into one with a different effect. For this reason, translating only the part of the decision stating that “the adoption was accepted” may not be enough; the provision on the continuation or termination of the earlier filiation must also be read. [1]
If inheritance is to be claimed upon the death of a person from the biological family, the law applicable to that inheritance is determined separately. The child’s situation in two different death events is assessed in two separate inheritance files. The fact that a population document in one country does not show, or continues to show, the other family tie does not by itself produce a definitive inheritance result under all legal systems.
How are population registration, the certificate of inheritance and asset transactions completed?
First, it is shown that the child’s identity records in different countries belong to the same person. Name changes, the date of birth, and the link between the biological and adoptive parents’ details are established with official documents. Then the registration procedure based on recognition, or on the status recognized under the Convention, is followed up. Updating the information in the population registry and issuing the certificate of inheritance with the correct persons and shares are mutually supportive but separate stages. [3, 4, 5]
| Group of documents | Why is it needed? | Point to check |
|---|---|---|
| Adoption decision and its annexes | Shows how the relationship was established and its effect. | Full or limited effect, operative part and date |
| Certificate of finality or Article 23 certificate | Supports the applicable recognition route. | Types of documents that are not substitutes for each other |
| Identity and population records | Establishes the link between the child and the parents. | Name changes and differing spellings |
| Death and inheritance certificates | Determine the estate and the other heirs. | Omission of the child in an earlier certificate |
| Representation and asset documents | Show who will carry out the transaction. | Conflict of interest in the case of a minor and authority specific to the transaction |
If the child is not included in a certificate of inheritance issued earlier, the invalidity of the certificate or a request for a new certificate is considered through the appropriate route. The existence of a recognition decision does not mean that a bank will automatically transfer the money or that the land registry will automatically transfer the property to the child. For each institution, the inheritance, representation and transaction documents are completed. The special rules on the acquisition of immovable property by a foreign heir are also checked separately. [4]
If the child is a minor, the authority of the parent, guardian or curator is examined according to the specific transaction. The surviving adoptive spouse’s own claim arising from the matrimonial property regime and the child’s share in the estate may conflict. In such a case, it should not be assumed that the same person can represent both interests without difficulty. The necessary representation and permission requirements for partition, sale or settlement transactions are determined separately. [4]
The confidentiality of adoption records must also be protected. Article 314 of the TMK and the provisions of the Convention on the use of personal information require that information not be shared indiscriminately. The necessary documents should be submitted to the institution by a secure method; details concerning the child and the biological family should not be shared in public correspondence or internet comments. [1, 4]
Conclusion
To secure the inheritance rights of a child adopted abroad, the method by which the adoption relationship was recognized, the effects of the recognized relationship and the law applicable to the inheritance must be determined together. A certificate of conformity within the scope of the 1993 Convention and the certificate of finality of an ordinary foreign decision do not serve the same function. The equal share of children under Turkish law also cannot be extended into automatic inheritance from all of the adopter’s relatives.
Related articles: Inheritance Rights of an Adopted Child: Biological Family, Adoptive Parent and Reserved Shares; Is a Foreign Certificate of Inheritance Valid in Türkiye? Apostille, Court Decision and Manner of Use; Inheritance Transfer in Türkiye for Foreigners and Those Living Abroad: Documents, Procedures and Completion
Frequently Asked Questions
Is it enough for a parent’s name to appear on a foreign birth certificate for inheritance?
Not in every case. The legal basis of the adoption relationship, the route of recognition and the identity links may also be requested. [3, 5]
Is a recognition action filed for every foreign adoption?
No. For proceedings within the scope of the 1993 Convention for which a proper Article 23 certificate exists, recognition by operation of law is provided. In cases outside that scope, the other recognition rules are examined. [1, 3]
Does an apostille replace the Hague certificate of conformity?
No. An apostille relates to the certification of an official document, whereas the Article 23 certificate relates to the conformity of the adoption with the 1993 Convention. [1]
Does an adopted child take the same share as a biological child under Turkish law?
If in the same position as an heir, the adopted child becomes an heir of the adopter in the same way as a blood relative. The share is calculated together with the other heirs and the dispositions upon death. [4]
Does an adopted child necessarily also inherit from the biological family?
Under the Turkish limited model, this right continues. In a foreign full adoption, the recognized effects of the decision, the Convention and the law applicable to the relevant inheritance must be examined separately. [1, 4]
Can recognition be requested after the adopter has died?
A legal interest may exist on account of the inheritance right. The necessary documents, the participation of the other heirs and the child’s representation are assessed. [3, 6]
If the certificate of finality is missing, is the request necessarily rejected?
Completion of the deficiency and the necessary inquiry may come into play. This does not mean that the finality requirement has disappeared. [6, 7]
Is a child living with a foster family also an heir in the same way?
A foster family relationship and adoption are different. A care relationship alone does not by itself establish the status of adopted child under Article 500 of the TMK; any other grounds of inheritance are examined separately. [4]
Sources
[1] HCCH: Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, especially Arts. 2–3, 17, 23–27, 30–31 and 41–44; official text.
[2] HCCH: Status table of the 1993 Adoption Convention, records of party status and entry into force for Türkiye and the relevant States.
[3] Law No. 5718 on Private International and Procedural Law, especially Arts. 1, 18, 20 and 50–59.
[4] Law No. 4721, Turkish Civil Code, especially Arts. 314, 495, 499, 500 and 598; provisions on representation and guardianship.
[5] Population Services Law No. 5490, Arts. 29–30, published consolidated text of the law.
[6] Court of Cassation 2nd Civil Chamber, 11.12.2025, E.2025/5584, K.2025/11094, full text of the decision.
[7] Court of Cassation 8th Civil Chamber, 01.06.2020, E.2020/989, K.2020/2694, full text of the decision.
[8] Burcu Zengin Özküçükparlak, Evlat Edinmenin Miras Hukuku Açısından Sonuçları Üzerine İsviçre Hukukuyla Karşılaştırmalı De Lege Ferenda Bir Değerlendirme, Marmara University Faculty of Law Journal of Legal Research, 29(1), 2023, pp. 631–644; abstract and citation.