paternity suit

TO THE FAMILY COURT OF THE REPUBLIC OF TURKEY

FILE NO: (To be attached)
PLAINTIFF: ……… (As guardian on behalf of the mother/child) TC: ……… Address: ………
REPRESENTATIVE: Attorney Ferhat Küle – Istanbul Bar Association (Address: ……… / KEP: ……… / Tel: ………)
DEFENDANT: ……… (Possible father) TC: ……… Address: ………
OTHER: ……… Provincial/District Population Registry Office (For correction of population records)

SUBJECT: Our requests consist of: determining paternity (kinship) pursuant to Article 282 and subsequent articles of the Turkish Civil Code ; writing a letter to the Population Registry Office for the correction of the child's birth registration; ordering a DNA/genetic examination ; recovering pregnancy and childbirth expenses, as well as pre- and post-natal care expenses (Article 304 of the Turkish Civil Code) from the defendant; awarding provisional/child support payments in favor of the child ; and ordering the defendant to pay court costs and attorney's fees.

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A) DUTIES AND POWERS

1. This case falls within the jurisdiction of the Family Court pursuant to Law No. 4787

2. According to Article 6 of the Code of Civil Procedure and related special jurisdiction rules, of the defendant's place of residence or the child's/mother's place of residence has jurisdiction. Our case should be heard within the jurisdiction of the ……… Family Court.

B) EVENTS (Summary and Chronology)

1. The plaintiff, ………, and the defendant, ………, maintained a relationship (nature of relationship: emotional partnership/de facto partnership, etc.) between …/…/20… and …/…/20…, during which time the parties met regularly and for an extended period.

2. The plaintiff learned she was pregnant on …/…/20…; pregnancy checkups were regularly performed at …… Hospital/… Clinic. Records of the estimated gestational age and last menstrual period will be submitted to the file

3. Our child was born on …… /…/20… at …… Hospital. Birth certificates and newborn records are attached.

4. The defendant had no involvement, communication, or financial contribution during the pregnancy and childbirth process ; the plaintiff had to cover the expenses with her own means and family support.

5. between the parties (messages, emails, social media correspondence), shared photographs and location data, witness testimonies, records of their joint stays at hotels/residences, and cell tower data matching all prove the relationship and the defendant's paternity.

C) LEGAL REASONS

• Turkish Civil Code Articles 282–304 (paternity, costs, and alimony), Turkish Civil Code Articles 329, 330, 337 (alimony and custody provisions), Turkish Code of Civil Procedure Articles 31, 119, 189, 190, 292 (proof, evidence, and expert opinions), Turkish Code of Civil Procedure Articles 389 et seq. (precautionary measures), Population Services Law and related legislation.

• According to established judicial precedents, DNA analysis is the strongest and most conclusive evidence ; determining paternity through expert/specialist reports is essential. If the defendant refuses to provide a sample, this will be considered an adverse action , creating strong presumptions in favor of paternity.

• According to Article 304 of the Turkish Civil Code, expenses for childbirth and pregnancy, as well as prenatal and postnatal care expenses, can be claimed within the scope of a paternity suit; of alimony in favor of the child of the child's best interests .

D) REQUESTS FOR EVIDENCE AND PROOF

1. Genetic Examination (DNA): The plaintiff requests that blood/epithelial samples be taken from the child and the defendant for DNA analysis at an appropriate healthcare facility; that the report be submitted to an expert witness; and, if necessary, that reports be obtained from the Forensic Medicine Institute or university hospitals.

2. Hospital and Clinic Records: Pregnancy follow-ups, birth report, newborn file.

3. Communication Records: WhatsApp/Telegram/SMS/email correspondence; social media messages and photos; location/sharing data, if any (proper retrieval/determination of data outside of UYAP).

4. Witnesses: ……… (Turkish Republic: ………, Address: ………), ……… (Turkish Republic: ………, Address: ………) – regarding the course of the relationship, time-space intersections, and the defendant's admissions.

5. Accommodation/Expenses: Hotel records, POS/bill statements, invoices/receipts, proof of presence.

6. Base Station Records: HTS/cell-site data showing that the parties' phones were in the same cell during critical dates of the relationship (to be requested from the relevant operators through the court).

7. Population Records: Family population registration records of the child and the parties; summons from the Population Registry Office.

8. Expert opinion: If necessary, expert examination by an obstetrician/gynecologist and a genetics specialist.

E) REQUESTS FOR TEMPORARY LEGAL PROTECTION (INTERIM MEASURES)

1. Interim Alimony: In accordance with Article 329 of the Turkish Civil Code and Article 389 of the Turkish Code of Civil Procedure, monthly interim alimony of ……… TL the lawsuit.

2. Advance Payments and Maternity Expenses: According to Article 304 of the Turkish Civil Code, pregnancy, childbirth, and postpartum care expenses should be secured provisionally (with or without appropriate security) before the conclusion of the lawsuit

3. Confidentiality and Sensitivity: In accordance with Article 153 of the Code of Civil Procedure, hearings in private ; access to the file must be restricted , and necessary measures must be taken to protect identity and privacy.

F) LEGAL EXPLANATIONS AND CONCLUSION

• In paternity disputes, the most effective way to ascertain the material truth is through DNA analysis , and the defendant is obligated to undergo this examination .

• Once paternity is established, corrections to the population registry are mandatory; therefore, a letter must be sent to the relevant Population Registry Office.

• In the context of child protection, alimony and birth and care expenses (both past and future) should be collected from the defendant.

• If the child was born out of wedlock, custody belongs to the mother according to Article 337 of the Turkish Civil Code; a separate decision on this matter is requested (if the defendant does not request custody).

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G) REQUEST RESULTS

To your esteemed Court;

1. DNA/genetic analysis to be conducted, samples to be provided by the plaintiff, the child and the defendant; and the report to be obtained from an expert witness.

2. Determination of the defendant's paternity (lineage),

3. the ……… Provincial/District Population Registry Office the child's father be registered as the defendant in the population registry and that all necessary corrections be made.

4. In accordance with Article 304 of the Turkish Civil Code, the defendant is ordered to pay pregnancy, childbirth, and care expenses (item by item: hospital, medication, travel, check-ups, basic infant needs, etc.) along with legal interest .

5. The court orders a monthly interim/child support payment of ……… TL (to be increased according to income level/increased by the CPI rate) in favor of the child , and the payment of alimony to commence from the date of the lawsuit .

6. The court costs and attorney's fees shall be borne by the defendant.

7. Measures to ensure that hearings are held in private and that confidentiality is protected in the case file,

8. Considering the plaintiff's economic situation, legal aid requests (Articles 334 et seq. of the Code of Civil Procedure) be accepted.

We respectfully request and demand that a decision be made.
Date
Plaintiff's Attorney
, Ferhat Küle
(Signature)

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H) LEGAL GROUNDS

Turkish Civil Code Articles 282–304, 329–330, 337; Code of Civil Procedure Articles 31, 119, 189–190, 292, 389 et seq.; Law No. 4787; Population Services Law and related legislation, established case law.

I) EVIDENCE

• DNA/Genetic examination report (ATK/University Hospital),

• Hospital/clinic pregnancy and birth records, invoices/receipts,

• Communication records (messages, emails, social media, photos, location),

• Witness statements (names/addresses above),

• Hotel/accommodation and expense records, bank/POS statement,

• Base station (HTS) records,

• Population registration records,

• Expert examination of all legal evidence if deemed necessary.
  (We reserve the right to request a submission order for documents in the possession of the opposing party in accordance with Article 219 of the Code of Civil Procedure regarding the submission of evidence.)

J) APPENDICES

1. Power of attorney sample,

2. Population registration records,

3. Hospital/clinic reports and invoices,

4. Message/communication screenshots and photos (with date/time),

5. Witness list,

6. Fee and expense receipts (if no legal aid request is made),

7. Other documents.