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Denial of Paternity and Paternity Case: DNA Test, Periods and Results (2026) TMK art. 285-304, Presumption of Paternity, Denial of Paternity, Recognition, Paternity Case and HM Code Art. Genetic Analysis According to 292 Updated as of 2026
The father of a child born within marriage is considered the husband by law. This presumption can only be refuted by a lawsuit to deny lineage. The lineage between the father and the child born outside of marriage is established through recognition or paternity suit. In both cases, the decisive evidence is the nearly conclusive DNA test; The parties are obliged to endure this review. The husband's lawsuit period is one year from the date he learns the truth. Paternity cases filed on behalf of the child are not time-bound as a result of the decisions of the Constitutional Court.
TMK m. According to Article 282, the lineage between the child and the mother is established at birth. The lineage between the child and the father is established by marriage with the mother, recognition or a judge's decision. Adoption also establishes family ties. Pedigree; Since it forms the basis of many rights such as birth registration, surname, custody, alimony, inheritance and citizenship, its establishment and elimination are subject to strict rules of form and duration.
birth within marriage Spontaneously with the presumption of paternity (TMK article 285) Case for denial of paternity (TMK article 286)
Birth outside marriage, father agrees Recognition (TMK article 295) Case for cancellation of recognition (TMK article 297)
Birth outside marriage, father does not accept Paternity case (TMK article 301) It is established by final judgment
The father of the child born during the marriage or within three hundred days after the marriage ends is the husband (TMK article 285). If the husband thinks that he is not actually the father, he can refute this presumption with a lawsuit to deny paternity. The lawsuit is filed against the mother and child. After the child reaches adulthood, he can file this lawsuit against the husband and mother. Periods for filing a lawsuit (TMK article 289)
For the husband: One year, starting from the date of birth and the date he learned that he was not the father or that the mother had sexual intercourse with another man at the time of conception. The phrase "in any case, five years starting from birth" in the article was annulled by the decision of the Constitutional Court dated 25.06.2009, numbered 2008/30 E., 2009/96 K.; Therefore, there is no absolute upper limit for the husband that operates from birth.
For the child: One year starting from the age of majority.
Just cause: If the delay is based on a just cause, the period starts to run as soon as this reason disappears.
Death of the husband: If the husband dies before the filing period expires, his absence is determined, or he permanently loses his power of discernment, the descendant, mother, father or the person claiming to be the father may file a lawsuit within one year from the date they learn about the situation (TCC Art. 291).
If the conception took place through a third person with the consent of the husband, the husband does not have the right to reject paternity (TMK article 287/2).
The father may recognize a child born out of wedlock by making a written statement to the civil registry officer or the court, in an official deed or in a will (TCC Art. 295). Recognition is a right closely tied to the individual. The mother, child or those concerned may file a lawsuit for the annulment of recognition, claiming that the person who recognized him is not the father. If the person who recognized him/herself made the recognition under the influence of mistake, deception or intimidation, he/she may request annulment.
The mother and the child may request that the lineage between the child and the father be established by court decision. The lawsuit is filed against the father or, if the father is dead, against his heirs (TCC Art. 301). The public prosecutor and the Treasury are notified that the case has been opened. The fact that the defendant had sexual intercourse with the mother between the three hundredth day and the one hundred eightieth day before the birth of the child creates a presumption of paternity (TCC Art. 302).
TMK m. According to Article 303, the lawsuit can be filed before or after birth; The duration of maternal care is one year from birth. Regarding children, the time limits were canceled by the Constitutional Court's decisions dated 27.10.2011, numbered 2010/71 E., 2011/143 K. and dated 15.03.2012, numbered 2011/116 E., 2012/39 K.. The 2nd Civil Chamber of the Supreme Court of Appeals also accepts that, after these decisions, paternity cases filed by or on behalf of the child are not subject to any limitation period.
Along with the paternity suit, the mother may request birth expenses, living expenses for six weeks before and after birth, and other expenses required by pregnancy and birth (TCC Art. 304). Child support is also requested for the child.
In cases related to paternity, the judge decides on genetic examination ex officio. HMK m. Pursuant to Article 292, parties and third parties are obliged to endure the collection of blood or tissue for genetic examination to the extent that it is necessary to determine lineage and does not pose a health hazard. If the examination is avoided without a justified reason, the judge may decide to conduct the examination by using force. If the father is dead, examination can be done by opening the grave or using samples taken from close relatives.
Since DNA analyzes performed by the Forensic Medicine Institute or authorized university laboratories provide over 99.99 percent reliability, in practice, the outcome of paternity cases largely depends on this report. Tests carried out by the parties themselves in private laboratories are not binding on the court; However, it may be important in the decision to file a lawsuit and in determining the beginning of the period.
The husband, registered as the father of a 7-year-old child born during marriage, learned from his wife's correspondence during the divorce process that the child could be from another man. The husband secretly took a test in a private laboratory and got the result that he was not the father.
The fact that seven years have passed since the birth of the child does not eliminate the right to sue due to the annulment decision of the Constitutional Court dated 2009. What is decisive is the date on which the husband learns that he is not the father; A case for denial of paternity must be filed within one year from this date. Private laboratory results alone are not sufficient; The court orders a new examination through the Forensic Medicine Institute. If the rejection decision becomes final, the husband may also consider the possibility of making a claim against the relevant parties for the alimony he has paid, in accordance with the provisions of unjust enrichment.
If the decision to reject paternity is made, will the child's surname change?
Yes. Since the lineage is terminated retroactively, the child, as a rule, takes the mother's surname and the population register is corrected accordingly.
In a paternity case, does the child inherit from the father?
Yes. The lineage established by the paternity clause has all its consequences; The child becomes the legal heir of the father, can take his surname and request alimony.
Can the biological father file a lawsuit to replace the husband?
The biological father's right to file a lawsuit for rejection of direct lineage is only within the scope of Turkish Civil Code art. It is limited to the exceptional cases listed in 291. After the husband's lineage is rejected, the biological father can establish lineage with the child by recognition.
Will avoiding DNA testing prevent a lawsuit?
No. The judge may decide to take a sample by force; Additionally, avoidance without justified reason may be considered as adverse evidence.
Waiting for years after suspicion occurs; The one-year period runs from the date of learning.
Considering the secretly performed test as conclusive evidence and not requesting court review.
Overlooking the necessity of appointing a trustee when filing a lawsuit on behalf of the child.
Forgetting to claim the mother's birth and living expenses in the paternity case.
Trying to combine the denial of paternity case with the divorce case in the same petition; The cases must be filed separately.
Paternity cases are cases in which short and strict periods of time and advanced genetic evidence are evaluated together, and their results last for generations. Correctly determining the date on which the period runs and conducting the review process in accordance with the procedure determines the fate of the case. Küheylan Law Firm handles denial of paternity, cancellation of recognition and paternity cases confidentially and sensitively, in the light of current Constitutional Court and Supreme Court case law.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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