Sahin Sengul, E 
ORCID: 0000-0002-4741-2171
(2021)
'Alman hukukunda küçüklerin evlat edinilmesinde yeni dönem = New era for the adoption of minors in German law.'
Yıldırım Beyazıt Hukuk Dergisi = Yildirim Beyazit Law Review, 6 (1).
pp. 327-364.
Abstract
In relation to the adoption of minors in the article of 1741/II of German Civil Law, a person who is not married may adopt a child only alone. A married couple may adopt a child only jointly. A spouse may adopt a child of his spouse alone. He may also adopt a child alone if the other spouse cannot adopt the child because he is incapable of contracting or has not yet reached the age of twenty-one. In a decision of 26 March 2019, the German Federal Constitutional Court held that the Civil Code provisions violate the equal treatment clause of article 3, paragraph 1 of the Basic Law, because they unjustifiably disadvantage children in families in which the couple are not married and instructed the legislature to enact new provisions by 31 March 2020. This study aims to first examine the conditions for the adoption of minors in German Law in general, then the Court's ruling and the new provision that came into force on 31 March 2020 and the legislative intention.
| Item Type: | Article |
|---|---|
| Note: | Article written in Turkish with the abstract available in English. |
| Keywords: | German family law, adoption, adoption of minors, decision of the Federal Constitutional Court, adoption by non-marital families |
| Subjects: | K Law > K Law (General) |
| Divisions: | Bath Business School |
| Related URLs: | |
| Date Deposited: | 26 Mar 2025 12:30 |
| Last Modified: | 26 Mar 2025 14:49 |
| ISSN: | 2149-5831 |
| URI / Page ID: | https://researchspace.bathspa.ac.uk/id/eprint/16675 |
 |
Request a change to this item or report an issue |
 |
Update item (repository staff only) |
Tools
Tools
