The minor with mental competence shall not be adopted without consent. The minor under guardianship can be adopted through permission of guardianship authorities regardless of whether the minor has mental competence. V. Consent of the mother and father 1.Form Article 309Adoption shall necessitate consent of the mother and father of the minor. Consent shall be granted verbally or in written and be written down in the minutes in the court where the minor or his/her mother and father has domicile. The consent granted shall be valid even if adopters or their names have not been determined or their names have not been specified yet. 2. Time Article 310Consent shall not be given until six weeks have passed as of the birth of the

Consent can be withdrawn within six weeks through the same procedures as of the date when it was written down in minutes. Consent granted again after withdrawal shall be final. 3. Not seeking for consent a. Conditions Article 311Consent of the mother or father shall not be sought for in the following

If it is unknown who he/she is or where he/she resides or if he/she permanently lacks mental competence, 2. If he/she does not undertake due diligence for the minor. b. Decision Article 312If the minor is placed in an institution to be adopted in the future and consent of the mother or father is lacking, upon request of the adopter or intermediary institution for adoption and before placement of the minor as a rule, the court where the minor resides shall decide whether to seek for the said consent or not. In other circumstances, decision about this matter shall be made at the time of adoption procedures. In the case that consent of the mother or father is not sought for as they do not undertake due diligence for the minor, he/she shall be notified of the decision about this issue in written.

B. Adoption of persons of age and under legal disability Article 313(Amended first sentence: 3/7/2005-5399/1 art.) Through express assent of descendants of the adopter a person of age or under legal disability can be adopted in the following circumstances. 1. If the person in question is in constant need of help due to a physical or mental disability and has been cared for by the adopter for at least five years,(1) (1) 2. If the person in question was cared for as a minor for at least five years and provided with education by the adopter, 3. If there are other valid grounds and the person to be adopted has lived for at least five years (1) Through article 1 of Law No 6462 and dated 25/4/2013 the phrase defect featuring in this clause was amended as disability.