INVESTIGATION OF THE ADOPTION OF CHILDREN IN TERMS OF THE HERITAGE LAW AND BIOLOGICAL PARENT'S CONSENT

Abstract

Undoubtedly, the main purpose in the adoption of a child is to protect the best interests of the child. In the United Nations Convention on the Rights of the Child and our legal legislation, the concept of "the best interest of the child" is important in all matters related to the child. In adoption, there are issues that need to be discussed in terms of inheritance. In the event that a person is adopted, the person who was adopted can be the inheritor of both his biological parents and the person or persons who adopted him. However, if the adopted person dies, his heir is only his biological parents. There may be a lot reasons to leave the child to state protection, such as the fact that the parents are in prison, the parents do not fulfill the obligations arising from the family law, or the parents are not known. Considering that the child's most basic need for love is met not by his family, but by an institution and later, if the child can be adopted by the adopters, I think that it is not right for the biological parent / father to have the title of legal heir if the adopted person dies. While the main purpose in adoption is to provide the best interests of the child; The fact that a child, who has been adopted, can be the heir of his biological mother / father is an issue that needs to be discussed. Another issue to be discussed is that the child's biological parent must consent to adoption. In some cases, consent may not be sought. Failure to seek consent causes serious problems in practice. If consent is not sought, a court decision not to seek consent is required. After this decision, if other conditions of adoption exist, it is possible for the child to be adopted by court order. Those who want to adopt have a very difficult time in this process. This process also leads to results that are incompatible with the principle of the best interests of the child. In our study, after examining adoption limited to the adoption of children, we will address the issues that we do not find appropriate in terms of inheritance, and we will bring solutions to the application of not seeking consent.