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Can Divorced Parents Include Children in Citizenship?

Can Divorced Parents Include Children in Citizenship?

Published November 11, 20264 min read
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In a Turkish citizenship by investment application, an investor's spouse and children under 18 can generally acquire citizenship in the same file without making a separate investment. For divorced or separated parents, including a child also requires documents relating to the other parent.

 

For divorced or separated parents, however, including your children in the file rests on something the applicant does not fully control: documents from the child's other parent. In our experience this is where otherwise straightforward applications slow down, and it is far easier to address before an investment is made than after.

 

Including Your Children: What Do Authorities Ask For?

For a child from a marriage that ended in divorce, the application generally requires the following:

  • the child’s birth certificate;
  • the final divorce and custody decisions;
  • the other parent’s consent to the child acquiring Turkish citizenship; and
  • the applicant’s own marital-status document.

A death certificate may replace consent where the other parent has died.

 

The Regulation on the Implementation of the Turkish Citizenship Law sets out a separate document list for a child born in a marriage that ended in divorce. Alongside the child's birth certificate, the applicant must submit the divorce decision, the custody decision showing who holds parental responsibility, and the other parent's consent to the child acquiring Turkish citizenship. The applicant's own marital status document, which for a divorced applicant is the proof of divorce, completes the set.

 

The point that surprises clients most is that custody and consent are listed as two separate documents. A parent with sole custody can usually travel with a child or enrol them in school without the other parent's signature, so it is natural to assume the same applies here. In citizenship files it generally does not, and applicants should plan on obtaining both. Where custody is shared, the consent is required in the same way, and the custody decision or agreement should still be submitted so the authorities can see how responsibility is divided. If the other parent has passed away, their death certificate takes the place of the consent.

 

The same logic applies to a spouse's children from an earlier marriage. They can be included, but their custody decision and the consent of their other parent will be needed, together with the applicant's marriage certificate.

 

How Should the Other Parent’s Consent Be Prepared?

 

The consent, known in Turkish as a muvafakatname, is a formal statement in which the other parent agrees that the child may acquire Turkish citizenship. It should name the child clearly and state that it is given for that purpose. A general travel consent, or one prepared for another procedure, will not be accepted.

 

How it is signed depends on where the other parent lives. The simplest route is usually a Turkish consulate in their country of residence, since a consent issued there needs no apostille. Alternatively, it can be signed before a local notary or competent authority and then apostilled, or legalised by the consulate if the country is not party to the Hague Apostille Convention. A parent who can travel to Türkiye may sign before a Turkish notary. Whichever route is used, a document issued abroad must be translated into Turkish by a sworn translator and the translation notarised.

 

The divorce and custody decisions go through the same chain. Two details matter here. The decision must be final, and it must reflect the current arrangement. If custody was changed after the divorce, it is the later decision that counts, and submitting the original one is a common reason for a request for further documents.

 

What Happens If the Other Parent Will Not Cooperate?

 

The hardest cases are those where the other parent refuses to sign, cannot be located, or has no contact with the family. Depending on the country and the facts, it may be possible to obtain a court decision that stands in for the missing consent, but this takes time and the outcome is not guaranteed. Meanwhile, the child's part of the file may fall behind the rest of the family's. Anyone in this position should raise it with their lawyer before committing funds, so that the timeline and the family's expectations are set on a realistic basis.

 

How Can You Plan Ahead for Your Child’s Application?

 

Most of the difficulties we see are avoidable. Consents written for the wrong purpose, outdated custody decisions, missing apostilles and names spelled differently across birth certificates, passports and court decisions all cause delays that a document review at the start would have caught. At POA Law Firm, we review the family's documents before the investment stage, prepare the consent text in Turkish and English for the other parent to sign, advise on the fastest signing route in their country, and arrange the sworn translations and notarisation in Türkiye. Readers planning the wider process may also find our practical guide to Turkish citizenship by investment helpful.

 

 

This article is for general information and does not constitute legal advice. Requirements may change, and each family's documents should be assessed on their own facts.

Frequently Asked Questions

An eligible child does not generally need a separate investment if included in the investor's family application. Meeting the requirements for including the child and providing the necessary family documents remains essential.

The child may be included if they meet the relevant age and family-status requirements. Proof of parentage and custody documents, as well as the other parent's consent where applicable, are generally required.

The absence of consent may affect whether the child can be included or the timing of the application. The available options depend on the custody order and the law of the country with jurisdiction over the family matter; therefore, the case must be assessed individually before making the investment.

If the other parent has died, the death certificate is generally the relevant document to establish that their consent cannot be provided. The document must be usable in the application in accordance with the applicable translation and certification requirements.

It is preferable to begin before making the investment or scheduling the application appointment. Custody orders, consents, and foreign documents may take time to obtain, update, or prepare for use in Türkiye.

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