CIU Instructor made explanations about Grievance of Children from an Illegitimate Marriage
Assoc.Prof.Dr.Şölen Külahçı, the Vice Dean and Lecturer of the Faculty of Law, Cyprus International University (CIU) explained suffers that the children have from an illegitimate marriage.
Assoc. Prof. Dr. Şölen Külahçı stated that in order to establish paternity with a father that starts by birth between illegitimate child and a mother, the father has to marry the mother or if this is not possible, a court decision is needed according to the TRNC Law. Külahçı also said that the provisions on the establishment of the genealogy are open to abuse and a child suffers as a result of this.
An article on "Evaluation of Provisions Regarding the Extra-marital Child's Breast in the TRNC Law" by Külahçı, who is CIU Academic, was published in Ankara Bar Journal. Assoc. Prof. Dr. Şölen Külahçı mentioned in her article that it is essential to get the consent of the wife of the father if the father is already married to be able to establish paternity with the father of the child.
Külahçı said that it is wrong to be subject to consent or approval to get paternity because it is a personal right. Küllahçı mentioned that the law calls for a "no religious obstacle" in order to be able to establish a paternity and Küllahçı also pointed out that linking an establishment of a paternity between a child and a father to a condition of belonging to the same religion, does not fit to the contemporary state of law in a globalizing world.
Şölen Külahçı also pointed out that it is a violation of the universal human rights of the decision of the Constitutional Court, which affirms such cases, to bring heavy consequences to the child when it is not the choice of the child to come to the world from an illegitimate the marriage. Külahçı also emphasized that contemporary regulations must be made immediately in the legislation on the issue.