IDENTIFICATION OF CHILDREN BORN IN TURKEY.

 

 

Terms of Recognition

 Recognition; It is the father’s declaration in an official deed or will that the child is his own by applying in writing to the registrar, court, notary or consulate. 

If the person making the declaration of recognition is minor or limited, the consent of the parent or guardian is also required. 

 

The child who has a lineage with another man cannot be recognized unless this link is invalidated and the identity of the mother is determined. 

 

A certificate of recognition is not issued for children who have a pedigree with another man and whose mother’s identity is unknown. Recognition certificates sent in this way are registered by the civil registry offices, the situation is transferred to the Public Prosecutor’s Office without registration, and the action is taken according to the court decision.

 Notice Obligation

 The civil registrar, magistrate, notary public or the judge who opened the will notifies the registry offices where the father and child are registered. 

The civil registry office where the child is registered also notifies the child, his/her mother, and if the child is under guardianship, the guardianship authority.

Principles Regarding Registration of Recognition

 If the recognized child is not yet registered in the family registers;

1. By issuing the birth form, the child is registered in the father’s household with the surname of the father, and a bond is established between the mother and the child.

2. If the father is a foreign national, a bond is established between the mother and the child by registering with the surname of the father at the end of the administrative unit where the mother is registered.

If the recognized child is registered in the celibacy household of his mother,

1. His registration in this household is closed and he is registered with his father’s surname in his father’s household.

2. If the father is a foreign national, the surname of the father is transferred to the end of the administrative unit where the mother is registered, and a bond is established between the mother and the child.

If the recognized married woman is a married woman, the recognition event is processed in her husband’s record, and a bond is established between her and her father. If the marriage is terminated for any reason, he returns to his father’s house, who recognizes him with his father’s surname.

 

If the recognized married man is a married man, he should register with his father’s surname to the register of his wife and minor children, if any; If the recognizing father is a foreign national, the records with the surname of the father are moved to the end of the administrative unit where the mother is registered. A bond is established between him and his mother. 

 

Registration of persons over the age of 18 who were born out of wedlock from a foreign woman and recognized by a Turkish citizen man is carried out in accordance with the instructions given by the Ministry.

Register of Recognition

 Recognition letter or court decisions or testament regarding recognition (death disposition) sent by the authorities with the obligation to notify are recorded in the family registers as specified in Article 192 of this Directive. A copy of the recognition certificate or court decision or the will related to recognition will be combined with the recognition or cancellation of recognition form obtained from the computer and sent to the other personal status changes special log, and the second copy will be combined with the recognition or cancellation of recognition form obtained from the information processing environment and sent to the General Directorate for archiving. Any other personal status changes are stuck in the private log.

Registration procedures regarding the recognized child are carried out in accordance with the procedures and principles specified in the “Birth” section of this Directive.

If there are men, married and children who are recognized by the Civil provisions of the Turkish Law No. 743, but whose recognition has not yet been registered in the family registers, the birth records of himself and his wife and children, the form used for registration and other changes in personal status, can be accessed from the data processing environment with a serial number. The recognition/cancellation of recognition form received is combined with the court decision and added to the other personal status changes special register.

Census Directorate, where the population registration is located, processes the identification information specified in the end-of-day list into the paper record of the relevant person(s). After this process, the end-of-day list is signed by the registration officer and approved by the population manager, and inserted into the end-of-day list file.

Revocation of Recognition

 Revocation of Recognition; It is the abolition of the paternity established between the child and the acquaintance due to recognition by the court.

 The Circumstances Requiring the Annulment of Recognition and the Power to File a Lawsuit, Termination Period

Conditions Requiring Revocation of Recognition 

 

The recognizer can sue for the annulment of the recognition due to mistake, deception or intimidation. 

Power to Litigation and Obligation of Proof 

Acknowledgment’s Power and Obligation to File a Lawsuit 

Annulment lawsuit is filed against mother and child. 

The Right of Action of Interested Persons 

In the event of the death of the mother, child and child, the descendants, the public prosecutor, the Treasury and other interested parties can sue for the annulment of the recognition. 

 

The lawsuit is filed against the person who recognizes it, and if the person who recognizes it is dead, against his heirs. 

The plaintiff is obliged to prove that the recognizing person is not the father. 

The burden of proof in an annulment lawsuit filed by the mother or child with the allegation that the recognizer is not the father arises after the giver shows convincing evidence that he had sexual intercourse with the mother during the pregnancy. 

The period of disqualification 

The person’s right to sue is terminated after one year, and in any case, five years after the recognition, starting from the date on which the reason for annulment is learned or the effect of the fear disappears. 

The right of litigation of the relevant parties is terminated after one year, and in any case, five years after the recognition, starting from the date on which the plaintiff learns to recognize and that the recognizer cannot be the father of the child. 

The child’s right to sue ends with the passage of one year starting from his/her adulthood. 

If there is a reason justifying the delay even though the abovementioned periods have passed, a lawsuit can be filed within one month starting from the disappearance of the reason.

Principles on Registration of Revocation of Recognition

1. If the person whose recognition has been revoked is registered in the celibacy household of his mother, the court decision regarding the annulment of the recognition is recorded in the registry of the recognized person and the recognizing father.

2. If the person whose recognition has been revoked is registered in his father’s household, his registration in the father’s household is closed and he moves to his mother’s celibacy household with his mother’s single surname.

3. In case the recognition of the married woman is cancelled; Annulment of recognition is processed in the records of his mother’s celibacy and his recognizing father’s.

4. If a married man whose recognition is canceled is registered in the father’s household, his registration in the father’s household is closed, and together with his wife and children, if any, he moves to his mother’s celibacy household with his mother’s celibacy surname. The annulment of the recognition is registered in the records of his mother and his father who recognized him.

5. If the recognition of a child born to a Turkish father and foreign mother is cancelled; His registration in the father’s household is closed.

6. If the recognition of a child born to a Turkish father and a woman who is not registered in the family register (hidden population) is cancelled:

• In case of continuing the registered and hidden population records in the person’s registry of the mother of the recognized child whose citizenship status is not correct; The decision to cancel the recognition is registered in the family registers and a copy of the court decision regarding the annulment of the recognition is sent to the Ministry, in order to examine whether the child will retain the Turkish citizenship acquired due to recognition or not. The action is taken in line with the instruction to be given by the Ministry.

Principles Regarding Pedigree

Painage

Passage; It is taken as a basis in determining the surname, citizenship and the place where the child will be written in the family registers. 

The lineage between the child and the mother is established at birth. 

Paternity between the child and the father is established by marriage with the mother, recognition or the judgment of the judge. 

Painage is also established through adoption. 

If the parents of a child born out of wedlock get married to each other, the paternity is automatically resolved.

Children Born in Marriage

Children born within 300 days of the end of marriage or for any reason take the surname of the father and are registered in the family register in the name of their father. 

If the child is born within 300 days of the end of the marriage and the mother remarries in the meantime, the husband in the second marriage is considered the father. If this presumption is disproved, the husband in the first marriage is considered the father.

Children Born Out of Wedlock

Children born out of wedlock or after 300 days from the end of the marriage or rejected by a court decision by the father; It is registered to the celibacy household of the mother with the surname of the mother and the father’s name to be declared by him. 

If the mother is divorced and returns to the celibacy household, the child is registered to the household where the mother is registered with the surname of the mother, but if the mother has a double surname from the previous marriage, the child is registered with the surname of the mother. 

If her mother is still married to someone else, her child from another man before marriage is registered with her mother’s celibacy household, with her bachelor’s surname and the father’s name to be declared by her mother. 

Child born to a Turkish father and a foreign mother outside of marriage; 

1. As a result of the father’s marriage to the mother; According to Article 292 of the Turkish Civil Code, he/she becomes a Turkish citizen and is registered in the father’s house, since he/she will be subject to the provisions regarding children born spontaneously in marriage. 

2. Upon the request of the mother or child; In case his paternity is determined by the court in accordance with Article 301 of the Turkish Civil Code or he is recognized in accordance with Article 295 of the Turkish Civil Code, he becomes a Turkish citizen from his birth, depending on his father as a result of the establishment of the paternity. In this case, it is registered to the father’s household with the surname of the father.

Procedure and Procedure in Establishment of Marriage and Pedigree

 Spouses are obliged to notify their common children born out of wedlock, at the time of marriage or after marriage, to the civil registry officer in their settlement or place of marriage. 

If the children whose ancestry is corrected due to the marriage of the parents to each other are registered in the family registers before, the notification form regarding the establishment of the marriage and paternity is filled and signed by the parents and the settlement is given to the population directorate. 

In case of death of one of the spouses before notifying the joint children born out of wedlock during or after marriage, action is taken based on the determination decision of the surviving spouse from the court.

The Establishment of the Pedigree

 Paternity Certificate

The father of the child born during the marriage or within three hundred days of the end of the marriage is the husband.

If the child is born within three hundred days of the end of the marriage and the mother remarries in the meantime, the husband in the second marriage is considered the father. If this presumption is disproved, the husband in the first marriage is considered the father.

Condemnation of Paternity

Condemnation of paternity; In accordance with Article 301 of the Turkish Civil Code, the paternity between the child and the father is determined by the court.

Registration of the Decisions of Conviction of Paternity and Establishment of Pedigree

If the child was previously registered in the mother’s household, the registration of the child is transferred to the father’s household with the surname of the father, based on a court decision, without seeking any other document or statement of the parents.

If the child is not registered, a birth certificate is prepared as specified in the “Birth” section of this Directive and registered with the father’s surname in the father’s household. The necessary lineage is established between the child and the mother.

In case the court decision states that the child’s father is Turkish and his mother is a foreign national, if the child is under the age of eighteen, he is registered with the father’s surname in the father’s household. If it is stated in the court decision that his mother is Turkish and his father is a foreign national, it is registered with the surname of the father at the end of the administrative unit where the mother is registered.

If the child is over the age of eighteen and is not registered in the population, the decision of paternity is sent to the Ministry to determine the citizenship status and action is taken according to the decision of the Ministry. If a registration decision has been made by the Ministry, it is registered to the father’s household from birth. If the father is a foreigner, it is registered to the household after the last digit of the administrative unit where the mother is registered, and a bond is established with the mother’s household.

Rejection of Parenthood

 Definition of 

Rejection of paternity is the removal of the presumption of paternity with a court decision. 

 

The case of denial of paternity can be filed by the husband against the mother and the child, as well as by the child against the mother and the husband.

Principles on Registration of the Decision of Denial of Paternity

The child whose paternity is rejected by the court decision is closed by making a statement to his/her father’s registration, and he/she is moved to the celibacy house of his mother with the surname of his mother.

 In case the celibacy household of the mother of the child whose paternity is rejected cannot be determined; The registration in the household where he is registered is closed and his mother’s surname is registered under a new family sequence number to the end of the administrative unit where he is registered. If the parentage is rejected, the surname field is completed according to the surname that he/she will notify and that the local authority will approve. If the child is not an adult, the situation is reported to the competent guardianship authority in accordance with Article 404 of the Turkish Civil Code so that the child can be placed under guardianship. The deficiency in the surname of the child is completed according to the surname notified by the guardianship authority and approved by the civil administration.

In the event that the mother of the child whose paternity is rejected is stated in the court decision to be a foreign national, or if the mother and father are not registered in the family registers because of the foreign nationality, or if it is determined that the mother and father are foreign nationals; A copy of the family identity record to be issued and a certified copy of the court decision are sent to the Ministry for citizenship examination, and action is taken according to the decision to be made by the Ministry.

In the event that the mother of the child whose paternity is rejected is stated in the court decision that the mother is Turkish and the father is a foreign national, or the father is not registered in the family registers because of his/her foreign nationality; The child whose ancestry is rejected is registered to the celibacy household of the mother with the mother’s celibacy surname.

If the child is registered in the celibacy household of his mother and paternity is established between him and his father, the explanations regarding the rejection of the paternity are made to the registration of the child and his father, and the paternity established before is removed.