Constitutional Court finds article denying right to disavow paternity unconstitutional

Ankara 18th Family Court, during a trial it was presiding over, filed an objection claiming that the first paragraph of Article 286 of the Turkish Civil Code No. 4721, which "grants the right to file a lawsuit to disavow paternity to the husband and the child, but not to the mother," is unconstitutional.

It was decided that the provision in question is unconstitutional and should be annulled, with the annulment decision to take effect in 9 months. The decision was published in today's Official Gazette.

INCOMPATIBLE WITH THE RULE OF LAW

The following statements were included in the decision:

"In the Constitutional Court's annulment decision, it is noted that the persons who can file a lawsuit to disavow paternity between the child and the husband are limitedly determined by law, but this right is not granted to the mother.

Accordingly, the mother, who is not included among the persons who can file the lawsuit, does not have the opportunity to apply to judicial authorities by claiming that the child she gave birth to is not from her husband.

In the petition, it was stated that this situation is incompatible with the principles of the rule of law and equality, and that the freedom to seek justice is also violated because the mother cannot apply to judicial authorities with a request to disavow paternity."

News Source: 12punto