PROVISIONS OF THE REGULATION FOR IMPLEMENTATION OF CIVIL REGISTRATION SERVICES REGARDING MARRIAGES BEFORE FOREIGN AUTHORITIES AND FOREIGN STATE AUTHORITY DECISIONS (Article 25 and 60)

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In accordance with the decision made with the Presidential Decree, Regulation For Implementation Of Civil Registration Services entered into force by publishing in the Official Gazette on 9 May 2020 with 2505 decision number. The articles subjected to our review are the 11th and 62nd article of this Implementing Regulation and in these articles; the examination of birth records and the authority of the counsels are regulated.

The enforcement of the “Regulation For Implementation Of Civil Registration Services” was decided in accordance with the provisions of the Turkish Civil Code Numbered 4721, the Population Services Law Numbered 5490 and the Turkish Citizenship Law Numbered 5901 and the Articles 258 and 537 of the Presidential Decree Numbered 1.

With the enactment of the Regulation, the Regulation on the Implementation of the Law on the Civil Registration Services which was enacted by the Council of Ministers’ decision dated 29 September 2006 was repealed.

Article 25 of the Regulation for Implementation of Civil Registration Services concerns the obligation to report marriages held before foreign authorities and the registration of these marriages.

In accordance with Article 25 of the Regulation; in case the marriage is reported to the foreign representatives according to the document obtained from foreign authorities, two sample of marriage notifications shall be issued by the foreign representative and the marriage shall be registered through the system.

In case that the marriage held abroad cannot be reported to the foreign representatives for any reason; the marriage notification shall be made by submitting a copy of the notarized document translated into Turkish to the local civil registry together with the original of the marriage document duly approved and received from foreign authorities.

If it is declared that the marriage document issued by foreign state authorities is also used as an identity document, a certified copy shall remain in the special marriage registry and the original shall be given to the concerned individual.

If it is determined during or after the registration of marriage that the identity information of the foreign female or male is missing or that there are material errors due to translation in the marriage document, in case of the submission of the original document issued by the competent authorities of the state where the persons are citizens of and duly approved and a notarized copy of it translated into Turkish; missing information shall be completed or mistake of facts shall be corrected by the General Directorate of Population and Citizenship Affairs. The General Directorate of Population and Citizenship Affairs may delegate this authority.

Article 60 of the Regulation for Implementation of Civil Registration Services concerns the registration of decisions made by foreign state authorities.

In accordance with Article 27/A of Civil Registration Services Law; The decisions made by the judicial or administrative authorities of foreign states regarding divorce, nullity of marriage, annulment of marriage, determination of presence or absence of marriage shall be registered in civil registry records with conditions of that the parties making their application together in person or through their attorneys, or in case one of the parties is deceased or a foreigner, application being made solely by the other party who is a Turkish citizen or his/her attorney, the decision being made by the competent judicial or administrative authority pursuant to the laws of the state where the decision is made and procedurally finalized, and it  is not being explicitly contrary to Turkish public order.

Registrations to be made on the civil registry records shall be made by foreign representatives abroad in the countries where the decision is made and by civil registry offices determined by the Ministry in Turkey.

Recognition of decisions which the registration request has been rejected on the ground that the conditions stated in this article are not made in Turkey shall be made according to the Law No 5718 on International Private and Procedural Law dated 27/11/2007 and also procedures and principles on the application of this article are determined with regulation by the Ministry.

In accordance with Article 60 of the Regulation; In accordance with the provisions of the Law on International Private Law and Procedural Law; it is obligatory for the decisions which are made by the foreign state courts and which are finalized according to the laws of the state concerned to be recognized and enforced by the competent Turkish court for these decisions to be enforced. Provisions of the international agreements which Republic of Turkey is a state party of on this topic are reserved.

In accordance with Article 27/A of Civil Registration Services Law; in line with the procedures and principles determined by the Regulation on the Registration of Decisions Made by Judicial and Administrative Authorities of Foreign States which has entered into force by being published in the Official Gazette dated 07/02/2018 and numbered 30325; the decisions made by the judicial or administrative authorities of foreign states regarding divorce, nullity of the marriage, annulment of the marriage, determination of presence or absence of marriage shall be registered on the civil registry records.

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