Genealogy Lawsuit Petition Sample
ANTALYA FAMILY COURT
PLAINTIFF :……………….. (T.C. …………………….. )
Address
ATTORNEY : Av…………
Address
DEFENDANTS :
1.
2.
3.
SUBJECT : This is our petition for the determination of paternity (paternity lawsuit).
EXPLANATIONS :
With this petition, we hereby submit to the court our request for the establishment of paternity between the plaintiff and the defendant in line with the client’s request. Our explanations regarding the dispute in question are as follows.
At that time, religious marriages were performed instead of official marriages. In the inquiry we made from the civil registry office, we were informed that there was no official marriage between the client’s father and mother. Since there was no official marriage, a paternity relationship could not be officially established between the child and the father. “ Article 295 of the Civil Code – Recognition shall be made by the father’s written application to the civil registry officer or the court, or by a declaration in an official deed or will. “ Since the father is deceased, he could not declare before the civil registry officer that he is his child. Since there was no official deed or will, a paternity relationship could not be established between the father and the child. The client was registered in his mother’s registry in the civil registry. The client currently has no patrilineal relationship with any father. Therefore, since there was no established paternity relationship, a paternity lawsuit was filed instead of a civil registry correction lawsuit. Witness statements regarding this process are important and the witness list will be notified to your honorable court.
Since the kinship with the mother is established at birth, ……….. is written in the mother’s name section. “ TMK Article 282- The paternity between the child and the mother is established by birth. Paternity between the child and the father is established by marriage with the mother, recognition or a judge’s judgment. “ However, since his parents are not officially married, ……………… is written in the father’s name section in the population information. ………… is a name written just like that, it is not a person. For this reason, while ………… should be written in the section where the father’s name is written; since there was no official marriage, the officer wrote the name Abdullah as an ordinary name because the paternity could not be established.
In order to determine that the defendant is the client’s father, we request that a medical examination report be prepared by the Forensic Medicine Institution on the samples taken from the father.
At that time, religious marriages were performed instead of official marriages. We have been informed by the civil registry office that there was no official marriage between the client’s father and mother. My client was registered in his mother’s population. The father’s name was written in the father’s name so that it would not remain blank. Therefore, no paternity was established between my client and the father.
TMK Article 301- The mother and the child may request the court to determine the paternity between the child and the father. The lawsuit is filed against the father, or if the father is dead, against his heirs. This provision is applicable.
The client’s paternity with his father has not been established until today. In this case, it has become necessary to file this lawsuit for the establishment of paternity.
LEGAL GROUNDS : Turkish Civil Code Articles 282 /2, 301, 303 and related legislation.
LEGAL EVIDENCE : Civil registry records, hospital records, witnesses, expert examination, oath, DNA test, medical examination report and all relevant evidence.
CONCLUSION-DEMAND : For the reasons explained above and to be considered ex officio by your honorable court;
We request a decision by proxy.
Plaintiff Representative