Foreign baby in Turkey

“Dear Mr. Çektir, I read your column on todayszaman.com with interest and pleasure. At this moment I have two questions regarding an issue that has not been dealt with before. That is why I have decided to approach you directly. I hope you have more of these questions so that I can read a proper answer in one of your collaborations!

“I am not a Turkish citizen and have legal residence and a work permit in Turkey (I live in İstanbul). I do not intend to ask for Turkish citizenship or nationality when the official five years have passed. I am now pregnant, and my question has to do with the registration of my future baby. The father does not want to register the baby in Turkey, so only the mother’s details will be known. The first question is: Is that a problem in Turkey? Can a (foreign) mother alone register a newborn child?

The second question: Will the baby automatically have Turkish nationality because he will be born in Turkey? Or will he carrying my citizenship (because I plan to register it at my country’s consulate)? I have read that Turkish nationality (claims) are only in place if one or both of the parents is Turkish. In my case the father will be ‘unknown’ or ‘missing,’ and I, the mother, am a foreigner. How does that find a place in the applicable law? I would not want to have a boy having to serve Turkish military service. That’s my main concern. Thank you in advance for your attention. Kind regards.”

Dear reader, this matter is governed under the Law on Turkish Citizenship No. 5901, the Law on the Registration of the Population No. 5490 and the Regulation Regarding the Civil Registers of Foreigners Settled in Turkey. In accordance with the provisions of the Law on the Registration of the Population and the relevant regulation, events such as birth, marriage, death, divorce and other personal matters concerning foreigners who have obtained a residence permit in Turkey for at least six months shall be registered at the foreigners’ section of the Civil Registry.

A foreigner is obliged to inform the authorities about these events cited above. The application for information should also include the address of residence and any amendments thereof to the Civil Registry. In the event of a birth, the baby should be registered with this registry.

If you have a residence permit for at least six months, you should register the birth of your child with the relevant Civil Registry office. The absence of the father’s consent does not constitute an obstacle for registration.

In accordance with the provisions of the Law on Turkish Citizenship, Turkish citizenship could be acquired by birth, taking into account the place of birth or consanguinity.

A foreign child born in Turkey can only acquire Turkish nationality if s/he cannot acquire the parents’ citizenship due to the laws of the foreign mother and father’s countries.

In your case, where the father is absent and the mother is a foreign national, it is important to determine whether the child born in Turkey could acquire the foreign nationality according to the laws of the mother’s country. The child can acquire Turkish citizenship only if s/he is not granted the mother’s citizenship under the relevant and applicable laws of the mother’s country.

We don’t know the nationality of the father. If the father is Turkish and wants to get into the family picture, then the baby can acquire Turkish citizenship.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ info@berkcektirlaw.com Photo by photoxpress.com

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