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.
According to the Article 11 of Regulation For Implementation Of Civil Registration Services, the authority of examining the birth records is limited to those who have authority to inspect and audit. As a rule, this examination should be made without taking the birth records outside of the provincial directorate, civil registry, foreign representative and authorized institution. However, the courts are excluded from this provision.
If the birth records and the based documents are requested by the court, the relevant documents will be given to the person assigned by the court in return for the record. These documents should be returned to the relevant institution as soon as possible after the examination is concluded. In case of the documents are delivered from the special records, a copy of the document and the court’s request letter are kept in the relevant special record.
In Article 62 of Regulation For Implementation Of Civil Registration Services, the authority of the counsels has been regulated under the provincial and district civil registries. In this context, the counsels has the authority to personally follow-up the works of their clients, to sign the based documents and to take identity register copy in the relevant civil registries, by submitting power of attorney. However in cases where the notification needs to be completed personally (birth, acknowledgement, choice of religion and surname), the power of attorney must be submitted containing the relevant matters, in other words the counsels must be authorized privately. For example, Article 14/3 of the same Regulation, states that it is possible for official counsels to notify the birth on behalf of their clients and regulates the counsel must submit the power of attorney which also includes the child’s name for this action.