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 subject of our review concerns the paternity and notification period of birth regulated in Article 12 and 13 of this implementing regulation.
Article 12 of Regulation For Implementation Of Civil Registration Services states that the paternity is important in determining the child’s surname, citizenship, and where to write on genealogy. The provisions regarding the child’s paternity are regulated in the Turkish Civil Code, and according to Article 282 of Turkish Civil Code establishment of the paternity is established by birth between the mother and the child, and may established by marriage, acknowledgement of child or with judgment of the judge between father and the child. Adoption is also regulated as another way of establishing the paternity.
Article 13 of the Regulation For Implementation Of Civil Registration Services is related to the notification period of birth. Domestically, the notification that the child who was born alive must be made to any civil registry within 30 days starting from the birth. In the event that the birth takes place in health institutions, the notification can be made to the health institution where the birth takes place within 5 working days starting from the date of birth without leaving the health institution. If the child is born alive in abroad, the notification must be made to the foreign representative within 60 days. However, if this notification has not been made, a notification can be made to any local population directorate in domestic.
Depending on the situation, the notification can be made by the official document showing the birth or verbal statement by the mother, father, guardian, custodian or in the absence of these, by grandmother, grandfather, adult sibling or persons who keep the child. For the child who was born outside the marriage union, it is possible for the notification to be made by the mother, if the mother is under age, under legal disability, dead or the child’s custody is taken from the mother, it is possible to be made the notification by guardian, custodian to be appointed or, in case the custody is given to the father, by the father. In addition to these persons, it is also regulated as possible that the official counsel is able to make the notification on behalf of his client by submitting a power of attorney which indicates the name of the child.