Right to Turkish Citizenship by Birth or Descent and Application

Introduction

Citizenship of the Republic of Turkey is one of the most fundamental rights an individual can possess, and this right is generally acquired at birth. The Turkish legal system is based on two main principles for the acquisition of citizenship by birth: descent (jus sanguinis) and place of birth (jus soli). Articles 6 to 8 of the Turkish Citizenship Law No. 5901, along with Articles 6 to 12 of the Regulation on its implementation, meticulously regulate the principles and conditions for acquiring Turkish citizenship by birth, and particularly the procedures for notifications made after reaching the age of 18. In this article, SKF Vision Law will, as of 2025, explain how the right to Turkish citizenship by birth or descent arises, who can benefit from this right, the application processes, and important points to consider.

Fundamental Principles of Acquiring Turkish Citizenship by Birth: Descent and Place of Birth

Article 6 of the Turkish Citizenship Law states that Turkish citizenship acquired by birth takes effect automatically from the moment of birth. This acquisition occurs irrespective of the individual's will, provided the legal conditions are met.

1. Acquisition of Turkish Citizenship by Descent (Jus Sanguinis):
   This principle signifies that a child's citizenship is determined by the citizenship of their mother or father. In Turkish law, the principle of descent plays a fundamental role in the intergenerational transmission of citizenship.

   • Children Born In or Out of Wedlock:
     According to paragraph 1 of Article 7 of the Regulation, a child born in or out of wedlock to a Turkish citizen mother is a Turkish citizen from birth. In this case, the father's citizenship is irrelevant, and the child's place of birth does not affect the outcome. A child born within wedlock to a Turkish citizen father is also a Turkish citizen from birth, regardless of whether the mother is a foreign national. However, for a child born outside of wedlock to a Turkish citizen father and a foreign mother to acquire Turkish citizenship, the lineage between the father and the child must be established according to the provisions of the Turkish Civil Code (e.g., through recognition or a paternity lawsuit). Once the lineage is duly established, the child is considered to have acquired Turkish citizenship from birth.

2. Acquisition of Turkish Citizenship by Place of Birth (Jus Soli):
   This principle refers to a child acquiring the citizenship of the country where they were born and is regulated primarily to prevent statelessness.

   • Child Born in Turkey and Unable to Acquire Any Other Citizenship: Pursuant to paragraph 1 of Article 8 of the Law and Article 11 of the Regulation, a child born in Turkey who does not acquire the citizenship of any country by birth due to their foreign mother and father becomes a Turkish citizen from birth. This provision is vital to prevent the child from becoming stateless. Situations such as the child's parents being unknown or stateless, or being unable to transmit their citizenship to the child due to their national laws, fall under this scope.
   • Child Found in Turkey: According to paragraph 2 of Article 8 of the Law and paragraph 3 of Article 12 of the Regulation, children found in Turkey are presumed to have been born in Turkey unless proven otherwise (i.e., unless it is proven that they were born in another country or are citizens of another country) and can acquire Turkish citizenship this way. These children are registered in the family registry according to Article 32 of the Regulation on the Implementation of the Civil Registration Services Law.

Notifications Regarding Birth Made from Abroad After Reaching the Age of 18

Under normal circumstances, birth events must be reported to the relevant civil registration offices within the legal timeframes. However, Articles 8 to 10 of the Regulation provide special provisions, particularly for individuals residing abroad whose births were not reported in due time.

• Who Can Apply and What is the Basic Condition?
  Individuals residing abroad who have completed the age of eighteen but whose birth has not been reported can apply for a determination that they have acquired Turkish citizenship due to their Turkish citizen mother or father. The fundamental condition is to prove that the person was connected by lineage to a Turkish citizen mother or father at the time of birth.

• Application and Procedures (Regulation Article 9):
  On behalf of an individual who has completed the age of 18 and applies claiming to have acquired Turkish citizenship through a Turkish citizen mother or father, the application authorities (usually foreign representative offices) prepare a file consisting of the following documents, which is then sent to the Ministry of Interior (General Directorate of Population and Citizenship Affairs) for a decision:

  1. Application Form (Petition): A petition requesting the determination of citizenship status.
  2. Civil Registration Extract: A civil registration extract of the mother or father alleged to be a Turkish citizen, obtained from the system by the application authorities.
  3. Identity Proof Documents: A document proving the identity of the Turkish citizen mother or father if one or both are also citizens of a foreign state, and a document proving the identity of the applicant if they are also a citizen of a foreign state (passport, ID card, etc.).
  4. Marital Status Certificate: A document showing the person's marital status (marriage certificate if married, divorce decree if divorced, spouse's death certificate if widowed).
  5. Statement Record (İfade Tutanağı): A statement record taken by the application authorities from the person's mother and father, or if one or both are deceased, from their siblings if any, or if no siblings, from third-degree relatives, indicating the lineage, family relations, and degree of kinship. This is important for verifying lineage and family structure.
  6. Birth Certificate: An official birth certificate proving the person's birth (if obtained from a foreign country, with an apostille or certified by the Turkish consulate, along with a notarized Turkish translation).
  7. Birth Record (Doğum Tutanağı): A birth record prepared by the application authority based on the submitted birth certificate.

  The Ministry, if deemed necessary, may request the submission of other documents (old passports, school records, documents belonging to ancestors, etc.) that could serve as proof of the person's citizenship, in addition to these documents.

• Decision and Registration Procedures (Regulation Article 10):
  If, as a result of the examination and investigation conducted by the Ministry of Interior, it is determined that the applicant was indeed born to a Turkish citizen mother or father (and lineage was duly established), this person is deemed to be a Turkish citizen from birth and is registered in the family registry. If sufficient information and documents cannot be found to prove that they are from a Turkish citizen mother or father, the person's request in this regard is rejected by the Ministry.

Points to Consider Regarding Citizenship by Birth or Descent

Several important points need attention in the processes of determining and registering the right to Turkish citizenship by birth or descent:

• Notification Periods: Reporting birth events within the legal timeframes (30 days domestically, 60 days abroad) is important to avoid complex procedures in the future.

• Establishment of Lineage: Especially for children born out of wedlock to acquire citizenship through a Turkish citizen father, legally valid establishment of lineage (such as recognition or a paternity judgment) is a critical step.

• Nature and Attestation of Documents: Documents obtained from foreign authorities (birth certificate, marital status certificate, etc.) generally need to be apostilled or certified by Turkish consulates and then submitted with notarized Turkish translations in Turkey.

• Burden of Proof in Applications After Age 18: In citizenship determination applications made after reaching the age of 18, the applicant is expected to prove with clear and unambiguous documents that they were connected by lineage to a Turkish citizen parent at the time of birth. The Ministry subjects such applications to a more detailed examination.

• Multiple Citizenship Status: Children born to a Turkish citizen parent who also acquire the citizenship of another country (e.g., due to place of birth or the citizenship of the other parent) may have multiple citizenship status. It is important to notify the Turkish authorities of this situation as well.

Legal Support Offered by SKF Vision Law in Citizenship by Birth Processes

The processes for determining and registering the right to Turkish citizenship by birth or descent can require legal expertise, especially in cases involving complex past family situations, missing documents, or applications made from abroad. At SKF Vision Law, we provide comprehensive legal consultancy and support to our clients in these important processes on the following matters:

• Detailed analysis of our client's family tree and situation to legally determine whether the right to Turkish citizenship by birth or descent exists.

• Meticulous guidance on collecting all necessary documents (old civil records, official documents to be obtained from abroad, recognition or paternity decisions, etc.), ensuring their legal validity (apostille, consular certification, sworn translation, notarization).

• Preparation of a legally sound, complete, and convincing application file, especially for citizenship determination applications made from abroad by individuals over the age of 18.

• Carrying out necessary legal procedures for establishing lineage for children born out of wedlock, such as recognition procedures or filing paternity lawsuits.

• Due submission of the prepared application file to the relevant civil registration offices or foreign representative offices and close follow-up of every stage of the application process.

• Professional handling of all necessary communication and correspondence with the General Directorate of Population and Citizenship Affairs of the Ministry of Interior.

• Evaluation of legal remedies against possible rejection decisions and, if necessary, providing advocacy services in filing annulment lawsuits in administrative jurisdiction.

Conclusion

Turkish citizenship by birth or descent is a right guaranteed by law, and it is essential that every individual with a Turkish citizen parent possesses this fundamental right from the moment of birth. However, especially in cases where the birth occurred abroad, official notifications could not be made in due time, or there are complex lineage situations, following the correct legal procedures and submitting the necessary proofs for the official registration of this right is of great importance. Since applications made after reaching the age of 18 require a more detailed examination and strong evidence, managing the process carefully and completely under the guidance of a legal expert is critically important to prevent potential loss of rights and to conclude the process most effectively.

SKF Vision Law: Your Expert Support in Citizenship by Birth Rights

You can contact SKF Vision Law for the determination of your right to Turkish citizenship by birth or descent, for making official applications regarding this right, or for any legal questions and consultancy needs related to these processes. Our specialized and experienced lawyers will be pleased to guide you and provide professional support at every stage to help you acquire your citizenship rights as quickly and smoothly as possible. You can obtain detailed information and schedule an appointment by reaching us via our website skfvisionlaw.com.