In Turkish law, the decisive criterion in the acquisition of citizenship by birth is not the country in which the child is born but the legal bond between the child and its parents. The Turkish Citizenship Act No. 5901 has expressed this choice clearly and has adopted the principle of descent. The practical consequence is this: a child one of whose parents is a Turkish citizen may acquire Turkish citizenship, whether the birth takes place within the borders of Türkiye or in the territory of another State.
This matter differs in nature from the subsequent acquisition of citizenship. Cases in which citizenship is granted subject to the discretion and decision of the competent administration are not governed by the same legal regime as acquisition operating automatically at the moment of birth. The position of a child born abroad falls within the second category.
Below we examine the citizenship position of a child born abroad by reference to the distinct situations provided for in Article 7 of the Act; we then turn to consular notification, the matter that gives rise to most questions in practice. For the general framework of the subject, our note entitled “Acquisition of Turkish Citizenship” is also complementary.
The Principle of Descent and Births Abroad
Descent denotes the legal relationship arising by birth between a child and its parents. On the mother’s side, this bond is established by the fact of birth itself. On the father’s side the position is different: for the paternal relationship to arise in law, marriage of the mother, acknowledgement by the father or a court judgment is required.
The Turkish Citizenship Act has taken this criterion of descent as the principal rule in the acquisition of citizenship. What is required is that the child be born to a mother who is a Turkish citizen or to a father who is a Turkish citizen. So long as this condition is satisfied, the fact that the birth takes place in a foreign country is no obstacle to the acquisition of citizenship.
Article 7 of the Act provides for three distinct situations, according to the citizenship status of the parents and to whether the birth took place within the union of marriage. Since the consequences of each situation differ, they must be addressed separately.
Child Born in Wedlock to a Turkish Mother or Father
The first paragraph of the Article governs the first situation:
Turkish Citizenship Act No. 5901, Art. 7(1)
“A child born within the union of marriage to a Turkish citizen mother or father, in Türkiye or abroad, is a Turkish citizen.”
As is apparent from the wording of the provision, where the conditions listed come together, no separate application, decision or administrative act is required for citizenship. The State in whose territory the birth took place is in this respect wholly irrelevant.
Accordingly, whether the place of birth is Türkiye or any foreign country, a child born within the union of marriage, provided that at least one of its parents is a Turkish citizen, is deemed a Turkish citizen from the moment of birth. No additional formality is required for the status of citizenship to arise; acquisition takes place automatically and is tied to the moment of birth.
Child Born Out of Wedlock to a Turkish Mother and a Foreign Father
The second paragraph covers cases in which the mother is a Turkish citizen but the birth is not based on an official marriage:
Turkish Citizenship Act No. 5901, Art. 7(2)
“A child born out of the union of marriage to a Turkish citizen mother and a foreign father is a Turkish citizen.”
In this situation too, the legislature has enabled the child to acquire Turkish citizenship upon birth without the need for any additional formality. A child whose mother is a Turkish citizen is regarded as a Turkish citizen even where the child was born in a foreign country and out of the union of marriage. This is what the principle of descent requires: the Turkish citizenship of either parent produces the result that the child is a citizen automatically.
The technical reason behind this solution is that descent between mother and child is established by the fact of birth. In Turkish law, the woman who gives birth is the child’s mother from the moment of birth, without the need for any other legal act. The fact that the birth took place out of wedlock does not affect this result.
A child born to a Turkish citizen mother in a foreign country and out of the union of marriage therefore also acquires the status of citizen.
Child Born Out of Wedlock to a Turkish Father and a Foreign Mother
Unlike the two preceding situations, the final paragraph makes citizenship subject to a condition:
Turkish Citizenship Act No. 5901, Art. 7(3)
“A child born out of the union of marriage to a Turkish citizen father and a foreign mother acquires Turkish citizenship where the procedures and principles enabling the establishment of descent are complied with.”
Where, in births out of wedlock abroad, the Turkish citizen is the father rather than the mother, the acquisition of citizenship is made conditional upon descent having been established between the child and the father. The reason for this difference is again to be sought in the rules on descent in our domestic law.
In Turkish law, no automatic descent based on the fact of birth arises between a child born out of the union of marriage and its father. For this bond to be established, the father must acknowledge the child or a judgment of paternity must be obtained; both routes require the completion of certain procedures and formalities.
Consequently, a child born abroad out of the union of marriage attains Turkish citizenship only on condition that the procedures and principles establishing descent on the father’s side are complied with. Detailed explanations on this subject are set out in our note entitled “Acknowledgement of a Child Born Out of Wedlock”.
The Moment at Which Citizenship Is Acquired
In cases of acquisition by birth, citizenship is deemed to have been acquired as from the moment of birth. In all three situations examined above, the status relates back to the moment at which the birth took place.
It must be underlined at this point that, even where it takes time for it to be officially established that the child falls within one of the situations listed, the fact that this determination was made late does not alter the moment at which citizenship was acquired. The determination is declaratory, not constitutive.
Frequently Asked Questions
Is representation by a lawyer mandatory in administrative proceedings?
Turkish law affords the parties the opportunity to defend and represent themselves in person before the court; save for certain exceptions, representation by a lawyer is not an obligation. Nor is there any obligation to be represented by counsel before the administrative courts.
That said, the scattered and technical structure of administrative law legislation, together with the short and preclusive nature of the time limits in the Administrative Procedure Act, makes it risky for the process to be conducted by persons who are not lawyers. Since consequences that are difficult to remedy may arise in terms of both procedure and substance, it is appropriate to obtain assistance from lawyers practising in the field of administrative law before taking any step.
Within what period must a birth abroad be notified?
Notification must be made to the consulate general within 60 days running from the date of birth.
Who may make the notification?
The power to notify belongs primarily to the child’s mother, father, guardian or trustee. If none of these persons is available, the child’s grandmother, grandfather, adult siblings or other persons who actually have the child with them may also make the notification.
Which documents are required at the time of notification?
The identity cards of the mother and father must be submitted, together with the official document or medical report relating to the birth. Where these documents cannot be produced, a medical report establishing that the child belongs to the mother — or, where there is no mother, to the father — must be obtained.
Independent Legal Assessment
In births abroad, the status of citizenship most often arises automatically; disputes, by contrast, stem not from the existence of the status but from its documentation. Failure to open a civil registry record, delay in consular notification, or the absence of established descent on the father’s side may result in a child who is a citizen in law being unable to benefit from that status in practice.
It should be borne in mind that recourse to the administrative courts is available against unfavourable responses given at the administrative application stage, but that the time limits there are short. In concrete files, the following headings come to the fore:
- Clarifying at the outset which of the parents is a Turkish citizen and whether the birth took place within the union of marriage
- Assessing without delay, in births out of wedlock where the Turkish citizen is the father, the route of acknowledgement or an action for paternity
- Diarising the 60-day notification period running from the date of birth
- Putting birth certificates issued by foreign authorities into proper form as regards apostille and translation
- Not missing the time limit for bringing an action against refusal decisions given by the civil registry authority
Independent Legal provides legal advice at every stage of the process, from establishing the status of citizenship to the civil registry record and, where necessary, conducting proceedings before the administrative courts.