In contemporary societies, the diversification of family structures and individual relationships can lead to an increase in the number of children born out of wedlock. This situation brings with it the necessity for the clear establishment of the said children's legal identities, rights, and lineage ties with the father. Many fundamental issues, such as the child's surname, citizenship, inheritance rights, maintenance claims, and most importantly, the right to establish personal contact with the father, depend on whether a legally valid lineage tie has been established with the father. One of the most common methods for establishing this tie, based on the father's will, is the "recognition" procedure. In this comprehensive analysis, the process of recognition of a child born out of wedlock by the father, its conditions, methods, legal consequences, potential problems related to recognition, and their solutions will be examined in detail.

1. What is Recognition? Its Legal Nature and Purpose

Recognition, as regulated in Article 295 et seq. of the Turkish Civil Code (TCC), is a unilateral, strictly personal, and formal declaration of intent by the biological father, by which he legally accepts his child born out of wedlock as his own.

• Unilateral Legal Act: Recognition is effected by the father's will; it is not contingent upon the acceptance or consent of the mother or the child (if the child has the capacity of discernment). However, the mother and the child reserve the right to later object to this recognition (to file an action for annulment of recognition).
• Strictly Personal Right: The right of recognition is unique to the father's person. Therefore, the father cannot exercise this right through a representative (agent). The father himself must personally make this declaration of intent. However, a minor or a person under guardianship who possesses the capacity of discernment may exercise this right without the consent of their legal representative (TCC Art. 16), as it is a strictly personal right. The legal representative cannot make a declaration of recognition on behalf of the minor or the person under guardianship.
• Constitutive Effect: Valid recognition establishes a lineage tie between the child and the father retroactively (ex tunc), that is, effective from the child's birth.
• Formal Act: The law mandates compliance with specific formal requirements for recognition to be valid.

The primary purpose of recognition is to rescue the child born out of wedlock from legal uncertainty by establishing a lineage tie with the father, thereby enabling the child to acquire fundamental rights such as identity, surname, inheritance, and maintenance. It is also a means for the father to assume his parental rights and responsibilities over the child.

2. Conditions for the Validity of Recognition of a Child Born Out of Wedlock by the Father

For a recognition procedure to be considered legally valid and to establish a lineage relationship, the following conditions must be met cumulatively:

• The Recognising Person Must Be the Child's Biological Father: It is essential that the man making the declaration of recognition is the child's genetic father. At the time of recognition, definitive proof of this biological tie is not required; the father's declaration is sufficient. However, if it subsequently emerges that this declaration is contrary to fact (e.g., through a DNA test), an action for annulment of recognition may be filed. This condition is the most fundamental material requirement for recognition.
• The Child to be Recognised Must Not Have a Lineage Tie with Another Man: At the time of recognition, the child must not have an existing legal lineage tie with another man (e.g., due to being born while the mother was married to another man, thus establishing paternity with her husband, or due to a previous recognition or paternity judgment). The principle of "unicity of lineage" applies in Turkish law; a child cannot have more than one father simultaneously.
• If the child was born during the mother's marriage to another man (presumption of paternity), this presumption must first be rebutted through an "action for disavowal of paternity," and the lineage tie with the current legal father must be severed. Only after this action results in the termination of the existing lineage tie can recognition be made by the biological father.
• Similarly, if the child has previously been recognised by another man, or if a paternity judgment has been rendered for another man, these lineage ties must first be invalidated through actions for annulment or termination.
• The Declaration of Intent for Recognition Must Be Made in Accordance with the Procedures Specified in the Law (Formal Requirement): For the father's declaration of intent for recognition to be legally valid, it must comply with one of the formal requirements listed in TCC Art. 295. A declaration of recognition made outside these forms (e.g., an oral declaration or an ordinary written document) is legally invalid and does not establish a lineage tie. These methods will be examined in detail below.
• The Recognising Father Must Possess the Capacity of Discernment: As recognition is a significant act in terms of its legal consequences, the father making the declaration of recognition must possess the capacity of discernment (temyiz gücü) to comprehend the meaning and consequences of this act. Recognition made by a person lacking the capacity of discernment is invalid.
• Situation of Minors: A minor (under 18 years of age but capable of understanding the meaning of their actions) who possesses the capacity of discernment can make a recognition without the consent of their legal representative (parent or guardian). This is because recognition is a strictly personal right.
• Situation of Persons Under Guardianship: A person under guardianship who possesses the capacity of discernment can also make a recognition. However, a person under guardianship who is permanently devoid of the capacity of discernment (e.g., due to mental illness) cannot make a recognition; nor can their legal representative perform this act on their behalf.

The absence of any of these conditions may lead to the nullity (absolute invalidity) or voidability (annullability) of the recognition procedure.

3. Methods of Recognition (TCC Art. 295)

The Turkish Civil Code provides four different ways for a father to recognise his child born out of wedlock. All these ways produce the same legal outcome, and the father can choose any of them:

• 3.1. Written Application to the Civil Registrar:
• Procedure: The father applies to the civil registry office with a petition prepared with his identification. In the petition, he must clearly state the identity information of the child he is recognising (date of birth, mother's name, etc.) and declare that he recognises the child. The civil registrar checks the compliance of the declaration with formal requirements.
• Competent Civil Registry Office: Essentially, the civil registry office of the father's, mother's, or child's place of residence is competent. However, the application can be made to any civil registry office; in this case, the documents are sent to the competent office.
• Notification: After the recognition procedure is completed, the civil registry office notifies the child, the mother, and, if the child is under guardianship, the guardianship authority of the recognition (TCC Art. 296). The consent of the mother or child is not sought, but the notification gives them the opportunity to exercise their right to object.
• 3.2. Written Application to the Court (Father's Recognition Action):
• Procedure: The father applies to the competent Family Court with an application prepared in the format of a statement of claim. This is not technically a "lawsuit" but a "non-contentious jurisdiction" matter conducted without a defendant. The father declares in his petition that he recognises the child and requests the court to register this recognition.
• Competent Court: The Family Court of the father's or child's place of residence. In places where there is no Family Court, the Civil Court of First Instance acts as the Family Court for this matter.
• Role of the Court: The court examines the father's declaration and the submitted documents (identity card, child's birth certificate, etc.). It generally does not conduct an investigation but focuses on the validity of the father's declaration of intent. The decision is sent to the civil registry office for registration.
• This method may be preferred, especially if there is hesitation at the civil registry office or if the father wishes to follow a more formal procedure.
• 3.3. Declaration in an Official Deed (Recognition at a Notary Public):
• Procedure: The father applies to a notary public and declares that he wishes to recognise the child. The notary public draws up an "official deed" (recognition deed) containing this declaration by the father. This deed is signed by the father and certified by the notary.
• Notary's Responsibility: The notary is obliged to send the prepared recognition deed to the relevant civil registry office. The civil registry office registers the recognition based on this deed.
• This method may be preferred by fathers who particularly want to increase the legal certainty of the procedure and possess an official document.
• 3.4. Declaration in a Will:
• Procedure: The father may, in a will he draws up during his lifetime (holographic, official, or in exceptional cases, oral will), declare that he recognises his child born out of wedlock.
• Conditions for Validity: For this recognition to be valid, the will must first comply with the formal and substantive conditions stipulated in the TCC (e.g., the testator must be at least 15 years old, possess the capacity of discernment, and the will must be drawn up in accordance with legal forms). A declaration of recognition in an invalid will is also generally invalid.
• Emergence of Legal Consequences: Recognition made by will produces its legal consequences after the father's death, upon the opening of the will and completion of legal processes. In this case, the lineage tie is established retroactively to the moment of the child's birth.
• • This method can be an option in cases where the father does not wish to make a recognition during his lifetime or postpones it for various reasons. However, it has the disadvantage that the child's legal status remains uncertain until the father's death.

The choice of method depends on the specifics of the situation and the father's preferences. What is important is that the chosen method fully complies with legal requirements.

4. Legal Consequences of Recognition

A valid recognition procedure produces comprehensive legal consequences between the child and the father, effective from the moment of the child's birth:

• Establishment of Lineage Tie: The most fundamental consequence is the establishment of a legally valid lineage tie between the child and the recognising father. The child is registered in the recognising father's household.
• Surname: If the mother and father are not married and custody is with the mother, the child bears the mother's surname. After recognition, by the joint decision of the mother and father, or by court decision if the child's best interests so require, the child may take the father's surname or use the father's surname together with their own surname. A separate lawsuit or procedure may be required for a change of surname.
• Inheritance: To The recognised child becomes the legal heir of the recognising father, just like a child born in wedlock. In the event of the father's death, the child receives a share of his inheritance. Similarly, the recognising father may also be the legal heir of his child (if the child predeceases him and has no descendants)
• Maintenance Obligation: With recognition, the father becomes obliged to contribute to the child's care, education, and upbringing expenses. The mother or the child may claim participation maintenance from the father.
• Citizenship: If the father is a Turkish citizen, the recognised child may acquire Turkish citizenship by birth (Article 7 of the Turkish Citizenship Law No. 5901). This situation is of critical importance for the child's citizenship status, especially when the mother is a foreigner.
• Right to Establish Personal Contact: The father acquires the right to establish personal contact with the child he has recognised. This right is regulated by considering the child's best interests. Even if custody is with the mother, the father can see his child at times determined by the court.
• Custody Right (Indirect Effect): Custody of a child born out of wedlock is generally with the mother (TCC Art. 337/1). However, since recognition establishes a lineage tie between the father and the child, in cases where the mother is unable to fulfill her custody duties (such as being a minor, under guardianship, deceased, or if custody is removed from the mother), the judge may grant custody to the father or appoint a guardian according to the child's best interests (TCC Art. 337/2). For the father to be able to claim custody, a lineage tie with the child must first be established.
• Social Security Rights: The child may have the opportunity to benefit from the father's social security (health services, etc.).
• Correction of Civil Registry Records: The recognition procedure is recorded in the civil registry records of the child and the father. The child's identity card can be reissued accordingly.

These consequences significantly improve and secure the child's legal and social status.

5. Conclusion

The recognition of a child born out of wedlock by the father is an extremely important legal institution that secures the child's legal status, grants them many fundamental rights, and establishes a legal bridge between them and the father. The Turkish Civil Code has meticulously regulated how this process will operate, its conditions, consequences, and solutions to potential problems. The declaration of intent for recognition in accordance with the procedures and conditions specified in the law is essential for the sound establishment of the lineage tie. In cases of defect of will or if the recogniser is not the biological father, annulment of recognition is possible. If the father refrains from recognition, the child's rights can be protected through a paternity suit. In all these processes, the child's best interests must always be considered as a priority principle, and conducting legal procedures under expert guidance is of great importance for the manifestation of justice and the prevention of loss of rights.