In Turkey, paternity tests are regulated under a framework that combines provisions from civil law, specifically focusing on family law, and regulations pertaining to genetic testing. The key legal instruments include:
- Turkish Civil Code (Türk Medeni Kanunu): The Civil Code, particularly Articles 285 to 309, deals with the establishment of paternity. These provisions allow for the recognition of a child by the father, and also set out the procedures for contesting paternity. The law provides for the possibility of using scientific methods, including DNA testing, to prove or disprove biological relationships. However, such tests are generally ordered by the court in the context of legal disputes concerning paternity.
- Law on Civil Registration Services (Nüfus Hizmetleri Kanunu): This law, among other things, outlines the procedures for the registration of births and the determination of parentage. While it does not directly address DNA testing, it is relevant in the context of establishing paternity for civil status purposes.
- Regulations on Forensic Medicine: These regulations can include guidelines for conducting DNA tests in the context of legal proceedings. The Turkish Forensic Medicine Institute (Adli Tıp Kurumu) plays a critical role in performing such tests when ordered by the court.
- Family Courts Law (Aile Mahkemeleri Kanunu): This law establishes the jurisdiction of family courts in Turkey, which includes cases involving paternity disputes. Family courts are authorized to order paternity tests as part of their proceedings to resolve such disputes.
In Turkey, while private paternity testing is available, the results of such tests may not be legally recognized unless the test was ordered by a court as part of a legal process to establish or dispute paternity. This ensures that the testing process adheres to legal standards and that the rights and privacy of individuals involved are protected.
Court-ordered DNA tests are considered a reliable means of establishing paternity and can be decisive in legal matters related to family law, such as custody, inheritance, and child support.