Recent Constitutional Court Decision on The Renunciation Of Paternity
Article 286/1 of the Turkish Civil Code No. 4721 (“TCC”) provides that “husbands may rebut the presumption of paternity by filing a lawsuit for the renunciation of paternity. This lawsuit is filed against the mother and the child.” As per the respective provision, the individuals entitled to file a lawsuit for the renunciation of paternity are exhaustively listed, and the mother of the child is not among these persons. Accordingly, the Ankara 18th Family Court applied to the Constitutional Court to annul Article 286/1 of the TCC on the grounds that it is in violation of Articles 2 (Qualities of the Republic), Article 5 (Fundamental objectives and duties of the State), Article 10 (Equality before the law), Article 13 (Restriction of fundamental rights and freedoms), and Article 36 (Right to an effective legal remedy) of the Constitution.
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