Children’s status after parents’ naturalization in Turkey raises recurring questions under Law No. 5901 and its implementing regulation. In short, a child does not automatically become a Turkish citizen merely because a parent naturalizes; acquisition depends on custody, consent, inclusion in the decision file, and the child’s age at the relevant dates.
LEGAL BASIS
Under Law No. 5901, Article 20 governs effects of a parent’s acquisition on minor children; Article 17 covers adoption; Articles 7, 11–13 explain birth, general, exceptional, and re-acquisition routes. The Ministry of Interior decides, following governorate review and security checks, and administrative discretion remains subject to judicial review under general administrative law.
WHEN BOTH PARENTS NATURALIZE
If both parents acquire Turkish citizenship together, their minor child may acquire with them in the same decision, provided civil-status records and custody are clear. Inclusion is procedural, not automatic; the child must be identified in the file, and records must be translated, legalized, and matched to MERNİS.
WHEN ONLY ONE PARENT NATURALIZES: CONSENT AND CUSTODY
Where only one parent naturalizes, the child may acquire if that parent has custody and the other parent consents. Absent consent, authorities rely on a competent court order (recognizing custody or permitting acquisition) consistent with the child’s best interests. If custody is shared or unclear, the safer practice is to resolve custody first, then proceed with the citizenship inclusion.
CHILD NOT INCLUDED OR WHO REACHES MAJORITY
If a minor child is not included when the parent naturalizes, the child can still apply later—either as a minor via consent/custody documents, or after turning eighteen under general naturalization (Article 11). A person who acquired through parents may later renounce by right of choice within three years after majority, provided statelessness does not occur.
ADOPTION AND BIRTHRIGHT DISTINCTIONS
Adoption is distinct: an adoptee under eighteen may acquire from the adoption date, subject to public order and national security checks (Article 17). Do not confuse later acquisition with birthright citizenship: children born to a Turkish parent are citizens by descent (Article 7), though paternity establishment and recognition rules can affect timing and proof.
EVIDENCE AND PROCEDURE
Key documents include passports, birth certificates, full civil registry extracts, custody or guardianship judgments, consent declarations, proof of lawful residence, address registration, and—where foreign—apostilles or consular legalizations with sworn translations. Applications are filed at provincial directorates in Turkey or Turkish consulates abroad; files undergo neighborhood verification, database vetting, and inter-agency security screening before a ministerial decision.
COMMON PITFALLS AND REMEDIES
Frequent obstacles are gaps in residence that interrupt eligibility, inconsistent name spellings and dates, unrecognized foreign divorces or custody orders (which may require recognition under private international law), and failure to secure the non-custodial parent’s consent or a substitute court order. If refused, applicants may pursue administrative judicial review; interim measures can be sought where delay causes irreparable harm.
TIMELINES, FAMILY MEMBERS, AND DUAL CITIZENSHIP
Processing times vary by province and route; six to eighteen months is typical, but custody or foreign-judgment recognition can extend schedules. Eligible spouses and minor siblings may be added if the legal ground allows, yet each person’s screening is independent. Families should weigh dual-citizenship effects (tax, military, travel) and update civil registrations after approval.
CONCLUSION
In practice, Children’s Status After Parents’ Naturalization in Turkey turns on paperwork discipline: identify the correct legal ground, confirm custody and consent, and ensure the child is explicitly included with complete, legalized records. Where inclusion did not occur or the child has reached majority, chart a separate path and document eligibility from the ground up.
Turkish lawyer Ferhat Küle, provides legal consultancy on children’s status after parents’ naturalization in Turkey.
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