Introduction
Citizenship is the legal bond that connects an individual to a state, granting rights and imposing obligations. Among the various ways of acquiring nationality, citizenship by birth is the most fundamental and widely recognized across jurisdictions. In Turkey, as in many countries, the legal framework of citizenship by birth is codified in the Turkish Citizenship Law (Law No. 5901). For foreigners seeking to understand how their children may acquire Turkish nationality — whether by descent (jus sanguinis) or by place of birth (jus soli) — clarity on the rules is essential. This article explains the legal framework of citizenship by birth, compares Turkish law with international practices, and provides a practical guide for foreigners.
Legal Framework of Citizenship by Birth in Turkey
1. Governing Legislation
The main legal source is Law No. 5901 on Turkish Citizenship (Türk Vatandaşlığı Kanunu), which entered into force in 2009.
- Article 6: Citizenship by birth is acquired automatically at the moment of birth.
- Articles 7–8: Define acquisition by descent (jus sanguinis) and by place of birth (jus soli).
In addition, the Turkish Constitution (Article 66) states: “Everyone bound to the Turkish State through the bond of citizenship is a Turk.”
2. Acquisition by Descent (Jus Sanguinis)
- A child born to a Turkish mother or father is a Turkish citizen from birth, regardless of the place of birth.
- This applies equally to children born abroad. Parents are required to register the child with the nearest Turkish consulate.
3. Acquisition by Place of Birth (Jus Soli)
- Turkey follows a limited jus soli principle.
- A child born in Turkey who would otherwise be stateless is recognized as a Turkish citizen.
- Example: If foreign parents legally residing in Turkey give birth to a child and their own nationality laws do not grant citizenship, the child acquires Turkish citizenship by virtue of being born in Turkey.
International Context: Jus Sanguinis vs. Jus Soli
Globally, two main principles govern citizenship by birth:
- Jus Sanguinis (Right of Blood)
- Citizenship depends on the nationality of parents.
- Predominant in continental Europe, the Middle East, and Asia.
- Turkey, Germany, Italy, and Japan follow this model.
- Jus Soli (Right of Soil)
- Citizenship is granted based on the place of birth.
- Applied broadly in countries like the USA and Canada.
- Encourages immigration and inclusion but raises policy debates on migration.
Turkey primarily applies jus sanguinis with limited jus soli exceptions to prevent statelessness.
Practical Guide for Foreigners
1. If One Parent is Turkish
- The child automatically becomes a Turkish citizen at birth.
- No further application is required, but the birth must be registered with the civil registry.
- If born abroad, parents must apply at the Turkish embassy or consulate with the foreign birth certificate.
2. If Both Parents are Foreigners
- The child does not acquire Turkish citizenship merely by being born in Turkey.
- Exception: If the child would otherwise be stateless, citizenship is automatically granted.
3. Registration Process
- Within Turkey: Birth is registered with the local Population and Citizenship Directorate (Nüfus ve Vatandaşlık Müdürlüğü).
- Abroad: Registration is done at Turkish consulates.
- Required documents include: birth certificate, parents’ identification, marriage certificate (if applicable).
4. Dual Citizenship Considerations
- Turkey allows dual citizenship.
- Children born with multiple nationalities are required to register both.
- Parents should check whether their home country permits dual nationality.
5. Rights and Obligations of Children Acquiring Citizenship by Birth
- Access to free healthcare and education.
- Full civil and political rights upon reaching maturity.
- For male citizens: mandatory military service (unless exempt under dual nationality agreements).
Real Life Applications
- Turkish Parent Abroad
- A Turkish mother in Germany gives birth. The child automatically acquires Turkish citizenship. Parents must notify the consulate to update civil records.
- Foreign Parents in Turkey
- A Syrian couple legally residing in Istanbul have a child. If the child would otherwise be stateless due to gaps in Syrian law, Turkish citizenship is granted by place of birth.
- Dual Citizenship Scenario
- A child born in the USA to a Turkish parent automatically acquires both U.S. and Turkish citizenship. Parents should register with both systems.
Challenges and Practical Issues
- Lack of Registration: If parents fail to register the birth, children may face difficulties later in proving nationality.
- Conflicts of Law: Some countries do not allow dual citizenship, forcing families to choose one nationality.
- Statelessness Risks: Children born to refugees or undocumented migrants may face complex legal procedures to secure citizenship.
Comparative Perspective
- USA / Canada: Citizenship granted simply by being born on the territory.
- Germany / Italy: Citizenship only if at least one parent is a citizen, with limited exceptions.
- Turkey: Balanced approach: prioritizing blood ties but protecting stateless children.
This comparative view helps foreigners better understand how Turkish law aligns with international trends.
Conclusion
The legal framework of citizenship by birth in Turkey is primarily based on descent (jus sanguinis) but provides safeguards under place of birth (jus soli) to prevent statelessness. For foreigners, the key takeaway is that having a Turkish parent ensures automatic citizenship, while being born in Turkey to foreign parents does not normally confer nationality unless statelessness arises. A practical guide for foreigners emphasizes the importance of registration procedures, consular applications, and dual nationality considerations. Understanding these rules ensures that children enjoy their rights from the very beginning of life.
Yanıt yok