KÜHEYLAN HUKUK
Inheritance Rights of an Adopted Child and a Child Born Out of Wedlock: Paternity, Paternity Case and Certificate of Inheritance. Ways to protect the inheritance share and rights of the adopted child, whose paternity is recognized or whose paternity has been determined by decision. Legislation and case law information has been compiled as of October 2026. Decision citations were taken from the decisions of the 2nd and 7th Civil Chambers of the Supreme Court of Appeals dated 2025-2026.
When a child born outside of marriage is established by birth on the part of his mother, or by recognition or by a judge's decision (paternity case) on the part of his father, he becomes an heir on the part of his father, just like a child in marriage (TCC Art. 498). The adopted son and his descendants inherit from the adopter like blood relatives; The adopted child's inheritance in his own family continues, but the adopter and his relatives do not inherit from the adopted child (TMK Article 500). The aspects of these rules that cause the most problems in practice are as follows: if the father is dead, the paternity suit must be filed against all heirs, the inheritance certificate must be canceled later, and the adopted child cannot inherit from the adopter's relatives after the death of the adopter.
The right to inheritance is based on lineage. The lineage between the child and the mother is established by birth, and the lineage between the father and the mother is established by the mother's marriage, recognition or judge's decision. Adoption is also a way of establishing family ties (TMK article 282). Therefore, in order to understand the child's right to inheritance, it is necessary to first look at the way in which the lineage is established.
Child out of wedlock (by father) Recognition or paternity provision Heir as a child within marriage TMK article 498
Adoption (to the adopter) Adoption by court order heir as a blood relative TMK art.314, art.500
Adopted (to birth family) Existing lineage continues His inheritance continues TMK article 500/1
Recognition occurs through the father's written application to the civil registry office or the court, or through a statement made in his official deed or will (TCC Art. 295). A child who is related to another man cannot be recognized unless this connection is invalidated. If the father does not recognize him, the mother or the child can file a paternity suit. The lawsuit is filed against the father or, if the father is dead, against his heirs (TCC Art. 301). The mother's right to sue ceases after one year from birth; The child's right to sue was freed from the time limit with the decision of the Constitutional Court dated 27.10.2011 (TMK article 303).
The most common procedural error in cases filed after the father's death is a trial with an incomplete opponent. In its decision dated 14.05.2025 (E.2025/2998, K.2025/5066), the 2nd Civil Chamber of the Supreme Court of Appeals emphasized that the legal status of the heirs of the deceased would be affected if a decision was made to determine paternity by default, and overturned the decision made without determining all the heirs and including them in the case. In its decision dated 17.12.2025 (E.2025/8124, K.2025/11449), the same chamber requested both the formation of parties and the conduct of DNA examination, and in case the grave is not found, the Forensic Medicine Institute was asked for its opinion on mitochondrial DNA examination among the surviving relatives. This decision shows that technical evidence is available.
When the paternity decision is finalized, the child is considered the father's heir. If the child is not included in the previously obtained inheritance certificate, the document must be canceled and a new document must be issued. The 7th Civil Chamber of the Supreme Court of Appeals discussed exactly this dispute in the file dated 05.05.2025 (E.2025/1409, K.2025/2396): the child, who was not included in the inheritance certificate obtained after the father's death in 2011, requested the cancellation of the document based on the verdict regarding the person who was later determined to be the biological father with a 99.99% probability by the Forensic Medicine report. In its decision dated 18.09.2025 (E.2025/146, K.2025/3729), the Department stated that decisions regarding the inheritance certificate do not constitute a final judgment and that its cancellation can always be requested by claiming that it is erroneous.
Cancellation of the document is not sufficient for the actual use of the rights on the inheritance. After the title of heir is accepted by the court, a lawsuit for entitlement due to inheritance is required against the heirs who hold the estate, and separate transactions are required for the land registry and bank accounts. The limitation periods foreseen for these cases are discussed in a separate guide.
Adoption is established by court decision. Adoption of a minor is subject to the condition that the minor is cared for and educated by the adopter for one year (TMK Article 305). Adoption becomes the heir of the adopter (TMK article 314). As a rule, the following results occur.
The adopted son and his descendants inherit from the adopter as if they were blood relatives; The adopted child is included in the lineage and has a reserved share.
The inheritance of the adopted son in his own family does not end. Adoption is the heir of both the adopter and the birth parents.
The adopter and his relatives do not inherit the adopted child.
This third rule has serious consequences in practice. In its decision dated 04.05.2026 (E.2026/1691, K.2026/2436), the 7th Civil Chamber of the Supreme Court approved the lower-level decisions that found it incorrect to include the adopter's siblings and nephew as heirs in the inheritance certificate upon the death of the adopted child; The real heirs of the adopted son are his mother and brother.
In its decision dated 01.12.2025 (E.2025/1522, K.2025/5106), the same chamber approved the decision regarding the cancellation of the inheritance certificate by accepting that the child adopted by the testator's daughter who died before the testator was not an heir to the testator, and did not find the objection that the relevant expression of TMK Article 500 was unconstitutional.
This situation has an important consequence for the adopted child: If the adopter dies before his or her parents, the adopted child cannot inherit from the grandmother or grandfather through succession instead of the adopter. For this reason, this limit should be known when making an adoption decision and making an inheritance plan, and if necessary, a solution should be found with a will or inheritance contract.
K.A. died in 2025. He actually saw a child named Elif as his own child, but did not make official recognition. K.A.'s wife and two children received an inheritance certificate, but Elif was not included in the document. Elif's mother, K.A. He states that he had an extramarital affair with K.A. and that K.A. is Elif's father.
Elif may request the establishment of lineage by filing a paternity suit. K.A. Since he is dead, the lawsuit must be filed against his wife and two children (all heirs). DNA analysis is performed and, if necessary, comparisons are made with relatives. When the verdict becomes final, Elif is deemed to be K.A.'s heir and the current inheritance certificate is requested to be canceled and a new document is requested. Elif's share is equal to that of other members of the lineage.
Can a child out of wedlock inherit an inheritance even if his father does not know him?
Unless lineage is established, inheritance from the father's side does not arise. If the father is not known, a paternity suit must be filed and the court must determine the paternity. After the verdict is finalized, the child becomes an heir like a child in marriage.
Is there time for a paternity lawsuit?
The mother's right to sue is one year from birth. The time limit for the child's right to sue has been abolished. If the father is dead, the lawsuit is filed against the heirs.
Can an adopted child inherit from both his/her natural father and the adopter?
Yes. The adopted child's inheritance in his/her birth family continues and he/she inherits from the adoptive person as if he/she is a blood relative.
Can the adopter inherit the adopted child?
No. The adopter and his relatives do not inherit the adopted child (TMK article 500).
What happens if the paternity case is won after the inheritance is shared?
It is requested that the inheritance certificate be canceled and a new document be issued. If the sharing is done incorrectly, a lawsuit may be filed against those who hold the estate.
Forgetting that the cancellation of the inheritance certificate and the entitlement case are separate cases.
Taking action in adoption and recognition decisions without foreseeing the inheritance consequences
The inheritance right of an adopted child or a child born out of wedlock depends on the correct establishment of lineage before the court and the inclusion of all heirs in the case. Küheylan Law Firm plans the paternity lawsuit, recognition, cancellation of the inheritance certificate and recovery of the estate processes as a whole and ensures that the rights of the heirs are protected in a timely manner, from the evidence collection stage to the follow-up of the limitation periods. For those making inheritance plans, evaluating the legal consequences of adoption or recognition in advance prevents long-lasting disputes in the future.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
KÜHEYLAN HUKUK