Revista da EMERJ - V. 22 - N.3 - Setembro/Dezembro - 2020

37  R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  As opposed to Turkish public order, has been judged fo- reign judgment determining the maintenance 136 to be paid by the person liable in excess of his monthly income 137 . With regard to adoption, have been judged contrary to Turkish public order, foreign decisions which accept adoption even though there was a difference between the foster parent and the child between the age of less than 18 years 138 or whether the adoption decision was adopted without regard to the inte- rest of the child 139 . Also, as opposed to the Turkish public order, has been considered the recognition of a foreign adult adoption decision by a foster parent who had other natural children 140 , so- mething which is forbidden under Turkish law 141 . In another case, a Turkish Court rejected the request to re- cognize a German gender based Court ruling, considering it to be contrary to public order. The reasoning of the decision was that the recognition of the decision was obviously contrary to public order, since the gender procedure did not follow that pro- vided for in art. 40 of the new Turkish Civil Code 142 . However, the Turkish Court of Cassation withdrawn (by a majority) the decision, considering that the applicant did not obtain permis- sion from the competent Turkish Court on gender reassignment and that the German decision does not refer to a medical opinion does not in itself constitute an opposition to public order and therefore does not prevent the recognition of that decision 143 . 136 J.M. SCHERPE, European family law, vol. II: The changing concept of “family” and challenges for domestic family law, Edward Elgar Publishing, 2016, pp. 356ss. 137 A. SAKMAR, Yabancı İlâmların Türkiye’deki Sonuçları, op. cit., pp. 82ss. 138 Y. 2. HD 12.04.2007 RG 08.05.2007-26516 139 Y. HGK 01.10.2003, in İstanbul Barosu Dergisi, 2007, pp. 708ss. 140 Y. 2. HD 30.6.2003 E.8317/K.8930 (Kazancı Hukuk Otomasyonu) 141 See article 313 of the new Turkish civil law. 142 Article 40 of the Turkish Civil Code provides, inter alia, that, for a change of sex, the person concerned must first have reached the age of 18 and be not married. In order to proceed with the procedure, he must first seek the permission of the Court, in which he must produce a medical opinion from a hospital medical board proving the necessity of the intervention. Only under these conditions is it possible to register the change in the registry after the intervention. 143 Y. 21.12.2009, E. 9678/K. 10608, in İstanbul Barosu Dergisi, 2012, pp. 225