Under Turkish law (Civil Code, Articles 282-310, Mevzuat), parentage is determined by:
(a) The birth mother, who is automatically recognized as a legal parent at birth (Article 282).
(b) The biological father, who is presumed to be the legal parent if married to the mother (Article 283) or if he acknowledges paternity (Article 286). For unmarried couples, the father must formally acknowledge the child or establish paternity through court proceedings (Article 295).
In cases of informal sperm donation (e.g., at-home artificial insemination or natural insemination), the donor may be recognized as the legal father if he acknowledges paternity or if a court establishes paternity based on biological evidence or intent to parent (Article 295), particularly if he is involved in the child’s life post-birth.
Assisted Reproduction:
In Turkey, assisted reproduction is regulated under the Regulation on Assisted Reproductive Treatment Centers (2010, Resmi Gazete). “Donor-assisted human reproduction” (DAHR) is explicitly prohibited (Article 18). Note: Informal sperm donation, like all forms of sperm donation, is illegal in Turkey, with strict penalties for violations.
Assisted reproduction is permitted only for married heterosexual couples using their own gametes (Article 4). Single women, same-sex couples, and donor gametes are not allowed, reflecting conservative policies.
Sperm Donor Agreements:
Since DAHR is banned, there are no legal provisions for sperm donor agreements. Any such arrangement, formal or informal, is void. Note: Informal sperm donation is illegal, and donors risk criminal penalties under health regulations (Article 18). Additionally, a donor may still be recognized as the legal father under paternity laws (Article 283 or 295) if paternity is established.
For natural insemination (NI) or informal AI, Turkish law does not provide specific exclusions for donors. A donor could be deemed the legal father if paternity is established, particularly if the mother is unmarried and the donor acknowledges the child. Courts may intervene based on intent or involvement.
Surrogacy:
Surrogacy is illegal in Turkey under the Regulation on Assisted Reproductive Treatment Centers (Article 18). Both commercial and altruistic surrogacy are prohibited, and any surrogacy agreement is void. Parentage defaults to the birth mother.
International surrogacy arrangements are not recognized, and intending parents may face significant legal barriers, often requiring adoption proceedings (Civil Code, Article 314).
Parentage Agreements:
Since DAHR is banned, there are no provisions for formal parentage agreements involving donors. Informal agreements (e.g., co-parenting or donor contracts) lack legal standing in Turkey. Courts may need to intervene under the Civil Code (Article 295) to establish or contest paternity if disputes arise.
Informal arrangements carry significant legal risks, as Turkish law prioritizes biological parentage over intent. A donor could claim paternity, or the mother could seek child support, depending on judicial interpretation. Additionally, participants risk criminal penalties for violating health regulations.