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Old 31-08-2012, 23:34   #16
Av.Kadir ORUÇ

 
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Alıntı:
Yazan Konuk
I live in Turkey with my boyfriend. We are not married but I am pregnant and was planning to give birth in Turkey in a few months. However, I do not want to raise a child with this boyfriend for very good reasons; I want to move to America after my work contract ends, and I want to take my child with me and have no contact with the father. Is it possible in Turkey to avoid including the father's name on the birth records? How can I eventually leave Turkey to move to America - do I have to get his permission even though we are not married?

Dear Konuk (Guest),

Your child will not acquire Turkish citizenship according to Turkish Citizenship Law since born extramarital (*). But it is a crime to change or to conceal the name of father of a child in declaration by mother at the Official Registry of Birth according to Turkish Criminal Code(**),(***). I am sure there must be similar provisions in your native country.So I recommend you to declare and made registered actual father of the child for both legal and moral reasons.And I do not think you can make your child passed without ID card from the airport. According to Turkish Civil Code, there is no need you to get permission of his/her father you to get your child wherever you go since parental custody of the child will belong to you (****).

Best regards.

(*)Descent (Kinship Tie)
ARTICLE 7: (1) A child born to a married Turkish father or mother, whether in Turkey or abroad, is Turkish citizen.
(2) A child born to a Turkish mother and a alien father out of wedlock is Turkish citizen.
(3) A child born of a Turkish father and an alien mother out of wedlock acquires Turkish citizenship if the principles and procedures regarding the determination of descent are met.

(**)Counterfeiting official documents
ARTICLE 204:(1) Any person who issues or uses a false document, or changes an original document to deceive others is punished with imprisonment from two years to five years.

(***)Changing lineage of a child
ARTICLE 231:(1) Any person who changes or conceals the lineage of a child is punished with imprisonment from one year to three years.

(****)ARTICLE 337:
III. In case mother and father unmarried
If mother and father are not married, parental custody belongs to mother.