Turkey citizenship by birth and its provisions are explained in the Turkey Citizenship Law No. 5901. According to Article 5 of the Law, Turkey citizenship is acquired by birth or later.
In terms of acquiring Turkey citizenship by birth, two binding points are envisaged. These are the principles of lineage and place of birth. Turkish citizenship is not considered to be acquired by birth for any reason other than these two binding points.
If Turkish citizenship is acquired by birth, citizenship becomes valid from the moment of birth. The person is considered a Turkish citizen from the moment of birth and will have all the constitutional rights provided by Turkish citizenship.
In this article, we will examine the issues and details about the acquisition of Turkey citizenship by birth. If you have a question regarding the acquisition of Turkey citizenship by birth, stay with us and keep reading.
Turkey Citizenship by Birth on the Basis of Descent
Article 7 of the Turkish Citizenship Law No. 5901 examines the acquisition of Turkey citizenship by birth through descent. Regarding the acquisition of Turkey citizenship by birth through descent, a distinction should be made between child born within the marriage or out of wedlock.
We should state that when the child is born out of wedlock, the mother or father will be the determining factor in acquiring Turkey citizenship by birth.
Within the Marriage
The first thing we should mention the acquisition of Turkey citizenship by birth is that the child born within the marriage acquires Turkey citizenship by birth. If the child was born within the marriage, it is sufficient for one of the parents to be a Turkish citizen in order to acquire Turkey citizenship on the basis of descent.
Out of Wedlock
A distinction has been made regarding the acquisition of Turkey citizenship by birth of a child born out of wedlock. The provision of Article 7 of the Turkish Citizenship Law has attributed different results to the cases which the mother is a Turkish citizen or the father is a Turkish citizen.
If the mother of the child who born out of wedlock is a Turkish citizen and the father is a foreigner, the child acquires Turkey citizenship, without the need for any procedural transaction.
If the father of the child born out of wedlock is a Turkish citizen and the mother is a foreigner, p the principles and procedures regarding the determination of descent must be met.
Determination of Descent
In order for the child born out of wedlock to a foreign mother and a Turkish citizen father to acquire Turkey citizenship by birth, some procedures must be met. There are three ways to do this.
The first of these is to marry the mother. If a foreign mother and a Turkish citizen father get married, the child is considered to have acquired Turkey citizenship by birth directly.
The second of these ways is to open the actio de liberis agnoscendis, which is also called the paternity suit among the people.
The third way is adoption. If the Turkish father recognizes the child born to the foreign mother, the child acquired Turkey citizenship by birth.
Turkish Citizenship by Birth on the Basis of Place of Birth
The second binding point stipulated in the law in terms of the acquisition of Turkey citizenship by birth is the place of birth. Article 8 of the TNL deals with the acquisition of Turkey citizenship by birth on the basis of place of birth. In this way, in terms of acquiring Turkish citizenship, one of two different situations must be met.
First of these situations is that, in order to acquire citizenship by birth on the basis of place of birth, the child mustn’t be able to acquire the citizenship of his mother or father for any reason. Children who acquire a citizenship cannot acquire Turkey citizenship by birth, even if they are born in Turkey.
The second condition is that the mother or father of the child must not be known, and the child must be found in Turkey.
Conclusion about Turkey Citizenship by Birth
There are two ways to acquire Turkey citizenship by birth. These ways are the place of lineage and birth. In order for the child to acquire Turkey citizenship on the basis of lineage, the child must either be of a Turkish mother or father within marriage, or be born of a Turkish mother out of wedlock, or be recognized by being of a Turkish father out of wedlock.
In addition to all these explanations, if you want to get detailed information about the acquisition of Turkey citizenship by birth, you can contact us with the expert lawyers of Topo Law Firm.
FAQ About Turkish Citizenship by Birth
1. What are the required documents for registration?
Registration application form, residency or identity documents of parents, child’s birth certificate, marriage certificate of the spouse, registration fee payment.
2. If I have baby in Turkey, shall my baby acquire Turkey citizenship by birth?
It depends on whether your baby acquires the citizenship of either parent at birth. A child who acquires the citizenship of the mother or father at birth cannot acquire Turkish citizenship even if the baby is born in Turkey.