Acquisition of Turkish Citizenship by Birth
According to the Turkish Citizenship Law No. 5901, one of the ways to acquire Turkish citizenship is through birth. In this article, we will focus on the acquisition of citizenship by a child born to a Turkish citizen mother or father. We will mainly emphasize the scenario where the father is Turkish and the mother is a foreign national. The reason we are writing this article is, of course, not for families where both parties are Turkish citizens.
Being born in Turkey alone does not grant Turkish citizenship!!
Let us immediately state here that individuals cannot acquire Turkish citizenship solely because they were born in Turkey. Turkish citizenship is acquired by birth and through the establishment of a lineage (filiation). If the individual’s mother or father is not a Turkish citizen, that person does not automatically become a Turkish citizen just because they were born in Turkey.
Before explaining the acquisition of Turkish citizenship by birth, here are the general ways of acquiring citizenship;
Turkish citizenship is fundamentally acquired in 2 (two) ways;
1- Acquisition of Turkish Citizenship Through Birth
2- Subsequent Acquisition of Turkish Citizenship
– Acquisition of Turkish Citizenship through investment
– Acquisition by residing in Turkey for 5 years
– Acquisition of Turkish Citizenship through marriage
Acquisition of Turkish Citizenship Through Birth
If a baby’s mother or father is a Turkish citizen, the baby acquires Turkish citizenship by birth. It is not required for the baby to be born within a marital union. If the baby is born within a marital union, the mother or father can go to the Civil Registry Office (Nüfus Müdürlüğü) in Turkey to register the child in the family registry, thereby acquiring Turkish citizenship. At this stage, let’s examine the specific examples we may encounter and what needs to be done:
1- How is Turkish citizenship acquired for a baby born within a marital union to a Turkish citizen father and a foreign mother?
If a baby is born within a marital union—meaning the individuals are married—and the father is a Turkish citizen, the child automatically acquires Turkish citizenship by birth. The Turkish citizen father can single-handedly go to the Turkish Consulate (if abroad) or to the Civil Registry Office (if in Turkey) to register the child into the family registry by declaration and obtain the Turkish citizenship ID card.
Required documents;
1- Marriage certificate
2- Child’s birth certificate – if obtained from a foreign country, it must have an apostille or consular approval, along with a notarized sworn translation.
3- Mother’s passport
2- How is Turkish citizenship acquired for a baby born out of wedlock to a Turkish citizen father and a foreign mother?
If a baby is born outside of a marital union and the father is a Turkish citizen, the child still acquires Turkish citizenship by birth. However, in this case, an application for recognition (acknowledgment of paternity) must be filed for the child. After the child is born, the father goes to the Civil Registry Office or the Turkish Consulate to make a recognition application.
The required document here is a certificate of celibacy (single status) for the mother. This certificate must cover the 9-month period prior to the child’s birth. To prevent any confusion regarding lineage, the mother must not have been married to another person before or at the time of giving birth. These documents are required for the mother during the recognition process. The father can perform the recognition alone; the mother does not need to come to the Civil Registry Office.
Required documents;
1- Certificate of celibacy for the mother(Certificate of Single Status) – a document proving she was single during the pregnancy and at the time of birth. It must be obtained from her country’s consulate or from her home country, and it must be apostilled or consular-approved.
2- Child’s birth certificate – if the birth certificate is obtained from a foreign country, it must have an apostille or consular approval, along with a notarized sworn translation.
3- Mother’s passport
Lawyer Cihat BALTAŞ
Lawyer Cihat BALTAŞ graduated from Police College in 2006, Police Academy in 2010, Yalova Law Faculty in 2016 with a degree and has worked and specialised in foreign law throughout his professional life. Cihat BALTAŞ, who is currently working as a lawyer in Kadıköy, Istanbul, is the founder of BaltaşGlobal law and consultancy office.