KÜHEYLAN HUKUK
Legal Status of a Foreign Child Born in Türkiye: Residence Permit, Population Registration and Turkish Citizenship of a Stateless Child Turkish Citizenship Law No. 5901, art.7, art.8; Law No. 6458 art.22, art.34, art.50 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Being born in Türkiye does not alone grant Turkish citizenship. The child is subject to the legal status determined according to the nationality of his/her mother or father. The exception is the provision in Article 8 of Law No. 5901: A child born in Türkiye who cannot acquire the citizenship of any country at birth due to his foreign parents is a Turkish citizen from birth. For foreign children, additional procedures such as residence permit, population and identity records must be carried out. In accordance with Article 22 of Law No. 6458, a residence permit application for a child born in Türkiye can be made to the governorship from within Türkiye.
Can a child born in Türkiye become a Turkish citizen?
No, as a rule it doesn't happen. Turkish citizenship is acquired through lineage or place of birth in Law No. 5901. In terms of lineage, a child born within marriage becomes a Turkish citizen at birth if his or her parents are Turkish citizens. The birth of a child of foreign parents in Türkiye does not alone provide citizenship.
The only exception to the place of birth principle is Article 8 of the Law. A child born in Türkiye who cannot acquire the citizenship of any country at birth due to his/her foreign parents is a Turkish citizen from birth (Art. 8/1). A child who has been in Türkiye is deemed to have been born in Türkiye unless proven otherwise (Art.8/2). In other words, the criterion is that the birth takes place in Türkiye and the child cannot acquire the citizenship of any state at birth.
How to Assess the Situation of a Stateless Child?
If the country of which the parents are citizens grants citizenship to the child by birth, the child is a citizen of that country and Article 8 of the Law does not apply. In cases where the parents cannot pass on their nationality to the child or the parents are stateless, the child may remain stateless. In this case, the relevant country's nationality law and consular correspondence are required to document the child's statelessness. Lack of foreign identification documents or failure of the parents' country to register the birth may result in additional investigations.
For foreigners who cannot benefit from Article 8 of the Law and are considered stateless, Article 50 of Law No. 6458 regulates the stateless person identification document. This document is renewed every two years. Determination of statelessness and the status of the child is determined by examining the civil registry office and immigration administration records together. This is why it is important that the records in the files are compatible with each other.
How to Obtain a Residence Permit for a Foreign Child?
Article 22 of Law No. 6458 regulates that the application for a residence permit for a child born in Türkiye can be made to the governorship from within Türkiye. The child's residence permit is often linked to the residence permit of his or her parents within the scope of family residence. For a family residence permit, the conditions of a supporting mother or father are required. Family residence permit is issued for a maximum of three years at a time and cannot exceed the residence permit period of the sponsor (Art. 34). The child has the right to primary and secondary education until the age of eighteen (Art. 34/4).
If one of the parents is in Türkiye with a work permit, the work permit replaces the residence permit and a family residence application can be made for the child. The application period and required documents may vary depending on the current demands of the provincial immigration administration directorates. In order to avoid interruption of the right to stay after birth, registration and residence permit application must be made without delay. Details regarding family residence are explained in a separate guide.
How to Register a Child's Population and Birth?
The birth of a foreign child born in Türkiye is notified to the civil registry office and the child is given a foreign identification number. Birth registration may be required at the consulate of the child's country. Birth certificates, parents' passports, marriage certificates and, if necessary, ancestry documents may be requested. Since the notification period and document list may vary depending on the civil registry office, current requests should be learned.
For a child born out of wedlock, lineage can be established through recognition or a paternity lawsuit. Ancestry may affect a child's nationality. If one of the parents is a Turkish citizen, the child's citizenship should be examined separately.
Is it possible for a child to acquire Turkish citizenship in the future?
A child whose parents are foreigners does not automatically become a citizen because he was born in Türkiye. A child can acquire citizenship in accordance with the provisions of the law when his parents acquire citizenship through investment or general residence. If the parents acquire Turkish citizenship, the minor child may also be included in this scope under certain conditions. These topics are discussed in detail in separate guides.
Exceptional A child who cannot acquire the citizenship of any country by birth is a Turkish citizen (Art.8/1)
found child Unless proven otherwise, he is deemed to have been born in Türkiye (Art.8/2).
Residence permit application It can be made to the governorship from within Türkiye (Art.22)
Family residence period Maximum 3 years each time; cannot exceed the sponsor's leave period (Art.34)
Event Summary Form: Fictional example: A foreign couple living in Türkiye with a residence permit has a child in Türkiye. Since the parents' country does not grant citizenship to the child at birth, the child's birth record and nationality remain uncertain. The child's residence permit was not issued either. Process: The lawyer examines the citizenship law of the parents' country, the consulate's attitude towards birth registration, and civil registration records. An application for a residence permit is being made for the child. Result: If it is documented that the child has not acquired the citizenship of any country, Article 8 of Law No. 5901 comes into question. Otherwise, the child is evaluated within the framework of the nationality and residence permit status of the parents.
Does a foreign child born in Türkiye automatically become a citizen?
No. In Türkiye, birth alone does not provide citizenship. The exception is if the child cannot acquire citizenship of any country by birth. Is a stateless child considered a Turkish citizen? According to Article 8 of Law No. 5901, a child born in Türkiye and who cannot acquire the citizenship of any country at birth due to his foreign parents is a Turkish citizen from birth.
Is a residence permit required for a foreign child born in Türkiye?
Yes. A residence permit application must be made for the child. The application can be made to the governorship from within Türkiye within the scope of Article 22 of the Law.
Does the child's residence permit depend on the permission of the parents?
The family residence permit cannot exceed the residence permit period of the sponsor and is granted for a maximum of three years at a time.
Is a found child considered born in Türkiye?
Yes. According to the law, a child who has been in Türkiye is deemed to have been born in Türkiye unless proven otherwise.
Where is the child's birth registered?
The birth is reported to the civil registry office. Additional registration may be required at the consulate of the child's country. Current document and duration information must be confirmed by the civil registry office.
It is believed that birth in Türkiye will automatically grant citizenship.
Delaying the child's residence permit application.
Failure to examine the nationality law and consular records of the parents' country.
Conducting a transaction based on false declaration without documentation of statelessness.
Failure to correct the child's population and birth registration deficiencies in a timely manner.
The legal status of a foreign child born in Türkiye depends on the nationality of the parents and the citizenship law of their country. Birth registration, residence permit and possible statelessness should be addressed together after birth. Küheylan Law Firm provides legal support in following the population and residence procedures of foreign children born in Türkiye, determining Turkish citizenship in case of statelessness and carrying out relevant administrative applications.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK