Inheritance Rights of Adopted Children in Turkish Law
Inheritance law governs the distribution of a deceased person's assets among their heirs. In this context, the inheritance rights of adopted children play a crucial role in the distribution process, affecting both the adoptive and biological families. According to the Turkish Civil Code, adopted children and their descendants are considered legal heirs of the adoptive parent, similar to biological children. Additionally, adopted children retain their inheritance rights within their biological families. However, the adoptive parent and their relatives do not inherit from the adopted child.
Adopted Child's Inheritance from the Adoptive Parent
Under Article 500 of the Turkish Civil Code, adopted children and their descendants are treated as legal heirs of the adoptive parent, akin to biological offspring. This provision ensures that adopted children inherit from the adoptive parent upon their death, sharing the estate with other legal heirs.
Adopted Child's Inheritance Rights in the Biological Family
Adopted children maintain their inheritance rights within their biological families even after the adoption process. This means that if a biological parent or other blood relative passes away, the adopted child remains eligible to inherit from them. This arrangement allows adopted children to receive inheritances from both their adoptive and biological families.
Adoptive Parent's Inheritance from the Adopted Child
The law stipulates that adoptive parents and their relatives do not inherit from the adopted child. This indicates that the inheritance relationship established through adoption is unilateral: while the adopted child can inherit from the adoptive parent, the reverse is not true.
Inheritance Rights of the Adopted Child's Descendants
The descendants of the adopted child (e.g., their children) can inherit from the adoptive parent. This implies that if the adopted child predeceases the adoptive parent, the adopted child's descendants are entitled to a share of the adoptive parent's estate. However, for the adopted child's descendants to inherit, the adopted child must have predeceased the adoptive parent.
Conclusion
The Turkish Civil Code provides a comprehensive framework for the inheritance rights of adopted children. Adopted children can inherit from both their adoptive and biological families, while adoptive parents and their relatives do not inherit from the adopted child. These provisions aim to ensure a fair and balanced distribution of the estate among all parties involved.