Age Correction Lawsuit – Sample Court Judgment

In the age correction lawsuit filed due to the incorrect recording of the date of birth during the transition to Turkish citizenship, the Büyükçekmece 4th Civil Court of First Instance ruled that the dates of birth of the two plaintiffs be corrected and registered based on the accurate dates. In the judgment dated March 21, 2025, with Docket No. 2024/451 and Decision No. 2025/184, population records, naturalization documents, and birth date information obtained from the Afghan consulate were evaluated together.

In the case file conducted by their counsel, Atty. Batın YILMAZ it was claimed that the dates of birth of two individuals who were born abroad and subsequently acquired Turkish citizenship were erroneously recorded with a one-year discrepancy during the naturalization process. Determining that the relevant documents supported the actual dates of birth, the court ruled for the acceptance of the lawsuit with respect to both plaintiffs.

Key significance of the decision: The request for age correction was not based solely on the statements of the individuals. By examining the Turkish civil registry tables, naturalization documents, and information obtained from the consulate of the foreign state, the court concluded that the date of birth must be corrected in the civil registry. This article discusses the reasoning of the decision regarding two plaintiffs whose personal data has been redacted, and its significance in terms of aliens and citizenship law.

Age Correction Decision by the Büyükçekmece 4th Civil Court of First Instance

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The reviewed reasoned decision contains the names and identification numbers of the plaintiffs. However, in this article, names, identification numbers, exact dates of birth, places of birth, and detailed civil registry information are not shared in order to protect the privacy of the children and their families.

Case in Point: Date of Births Incorrectly Recorded During Naturalization

The plaintiffs were born in a foreign country and subsequently acquired the citizenship of the Republic of Turkey. It was alleged that their date of birth information in the Turkish civil registry was recorded differently from their actual date of birth during the naturalization procedures. The petition for the lawsuit requested that the birth years of both individuals in the civil registry be accurately advanced by one year requested.

The discrepancy of a person's date of birth in their passport, foreign birth record, and Turkish civil registry is not merely a formal clerical error. This discrepancy may create contradictions in the assessment of age-dependent rights and obligations, in the harmonization of identity documents, in school records, and in subsequent official proceedings.

However, it should not be presumed that such consequences occur in every specific case file. The issue subject to the lawsuit here is the accuracy of the date of birth in the Turkish civil registry.

Counsel for the plaintiff Atty. Batın YILMAZ The lawsuit filed by does not pertain to a request for the revocation of citizenship or the granting of re-citizenship, but rather to the correction of the date of birth information contained in the Turkish civil registry. This distinction determines both the competent court for the case and the scope of the legal review.

Requested Correction Regarding the Two Plaintiffs

In the petition, it was stated that the year in the civil registry did not reflect the truth for both plaintiffs. By the ruling of the court, the dates of birth of both individuals were corrected in accordance with the date asserted in the petition and verified by the submitted documents.

The issuance of a decision for a one-year correction for both dates of birth demonstrates that the request was evaluated separately for multiple individuals.

It is understood that there is no request for any change regarding the day and month of birth of the individuals. The dispute, as indicated in the decision, is the birth years being recorded incorrectly.

Chronology of the Case and Documents Examined by the Court

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Since the text of the decision does not include details such as the specific day each document reached the case file or the number of hearings held, additional chronological information in this regard has not been included. On the other hand, the document groups relied upon by the court in rendering its judgment are clearly stated in the reasoning.

Why Were the Date of Birth Records Obtained from the Consulate of Afghanistan Decisive?

One of the most notable groups of evidence in the decision is This information was obtained from the Afghan Consulate regarding the plaintiffs' dates of birth. Foreign-sourced information related to the individuals' births was also examined in order to evaluate whether the civil registry in Turkey reflects the actual situation.

The court did not state that it evaluated the consular information solely and independently of other documents. The reasoned decision indicates that the civil registry table and naturalization documents were also requested and examined, and the entire scope of the case file and the evidence were evaluated together it has been stated.

In this respect, the basis of the decision is the comparison made among multiple records.

Does Every Document Issued Abroad Automatically Change the Civil Registry Record?

No. The presence of a birth certificate obtained from a foreign state authority does not mean that the Turkish civil registry record will be changed automatically in every case.

The issuing authority, content, accuracy, and consistency of the document with other records, as well as its proper submission, are evaluated.

If the erroneous record is merely a clerical error made during registration, administrative correction may be possible in certain cases; in other circumstances, a court order may be required.

In the examined case file, the court reviewed the foreign consulate information and naturalization documents, reaching the conclusion that the actual dates of birth of both individuals could be determined.

This decision should not be interpreted to mean that a consular letter alone will be sufficient in every age correction lawsuit.

Why Did the Court Grant the Age Correction Lawsuit?

The Büyükçekmece 4th Civil Court of First Instance stated in its reasoning that the plaintiffs' civil registry records were obtained through UYAP, and that the naturalization documents and birth date information obtained from the Afghan consulate were brought into the case file and examined.

Upon reviewing the documents evaluated by the court, it was observed that the plaintiffs' birth dates were recorded as the requested correct dates.

Upon this finding, the court "accepting the filed lawsuit" rendered a judgment to correct the birth date of both plaintiffs in the civil registry based on the accurate dates. ruled. The corrections to be made in the judgment were indicated separately for each plaintiff.

The representative of the defendant civil registry administration, on the other hand, stated according to the text of the judgment "discretion rests with the court" .

This statement should not be considered solely as grounds for accepting the lawsuit. The court based its decision on the examination of the documents brought into the file and the comprehensive evaluation of all evidence.

Is There a Medical Board or Bone Age Report in the Judgment?

In the reasoned decision text, a medical board report, bone age determination, or radiological examination was not indicated as the basis for the judgment.

In this specific case, the grounds explicitly stated by the court, are official civil registry records, naturalization documents, and consular information.

However, this does not mean that medical evaluation will never be resorted to in other age correction lawsuits. The court's method of investigation may vary depending on the nature of the dispute and the documents in the case file.

Legal Basis of the Age Correction Lawsuit: Article 39 of the TMK and Law No. 5490

Date of birth is among the fundamental registry information concerning a person's civil status.

Article 39 of the Turkish Civil Code No. 4721, governs the principle of a court decision for corrections in the civil status registry.

Article 35 of the Population Services Law No. 5490 also contains the general rule regarding the correction of civil registries and the exception for material errors.

Pursuant to Article 36 of Law No. 5490 , lawsuits for the correction of civil registry records shall, as a rule, be filed before the competent civil court of first instance located at the place of residence. is heard.

The hearing of this case before the Büyükçekmece 4th Civil Court of First Instance is consistent with the nature of the dispute as a correction of civil registry records.

Is It Always Necessary to File a Lawsuit for an Incorrect Date of Birth?

No. Article 35 of Law No. 5490 allows clerical errors made during the registration of an event in the family registry to be corrected by the civil registry office in accordance with the underlying document.

However, in disputes requiring determination and judicial evaluation regarding the actual date of birth, lawsuit for the correction of civil registry records comes to the agenda.

Administrative correction and court judgment procedures must not be confused with one another. A mere clear clerical or numerical error made by the civil registry office during record transcription may not be the same as documents from multiple countries indicating different dates.

The procedure utilized and accepted in this lawsuit is the action for age correction filed before the civil court of first instance.

Evidentiary Value of Official Documents in Lawsuits for the Rectification of Population Records

Since civil registry records are related to public order, establishing the correct registry is of great importance when investigating an age correction request.

In Court of Cassation jurisprudence, it is explained that in lawsuits for the correction of civil registry records, the court may collect necessary evidence pursuant to the principle of ex officio investigation and evaluate official records together with other evidence.

In this lawsuit as well, the court did not rely solely on the statements in the petition. The Turkish civil registry table, Turkish citizenship acquisition records, and information obtained from the foreign country's consulate were examined within the same case file.

Particularly when identity information from one country is transferred to the civil registry system of another country during the acquisition of citizenship, comparison of prior and subsequent records with each other may be of significance in the resolution of the dispute.

Whether the relevant foreign document is subject to apostille, consular legalization, or translation requirements must be evaluated separately based on the country of issuance, the type of document, and applicable international regulations.

Significance for Individuals Born Abroad Who Later Acquired Turkish Citizenship

Identity records issued during the residence, employment, or citizenship procedures in Turkey of a person born in a foreign country may be used by different institutions over time.

The date of birth is also at the center of this information. When the person subsequently acquires Turkish citizenship, it is of additional importance that the record in the Turkish civil registry is accurate.

However, the correction of the civil registry and the acquisition or loss of Turkish citizenship or the rejection of a citizenship application are not the same type of lawsuit.

In this file, no new citizenship decision has been rendered regarding the plaintiffs. The court has corrected the date of birth information in the existing Turkish civil registry records.

For application types and procedures regarding Turkish citizenship, citizenship law our page can be reviewed.

whereas various issues that may arise in the residence and identity information of foreigners living in Turkey immigration law is also addressed within the scope of.

Are Age Disputes in Citizenship Applications and Lawsuits for the Correction of Date of Birth the Same?

No. On our website The consequences of turning 18 during the Turkish citizenship application process is explained separately.

The core issue in this dispute is the effect of the person, who was a minor at the application date, reaching the age of majority while the administrative procedure is ongoing.

Also available on our website in the court decision regarding the child's age in the citizenship application, it is discussed as to which date shall be taken as the basis for evaluating the majority of minors.

In this lawsuit, however, what is at issue is not the rejection of the citizenship application or the application date, but the material accuracy of the date of birth in the civil registry is the subject of the lawsuit.

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Which Proceedings Can Be Affected by a Court-Ordered Correction of Date of Birth?

The date of birth is one of the fundamental data used in numerous official transactions depending on the determination of a person's age. The accurate record in the civil registry serves as a reference regarding identity documents and information in other administrative systems.

However, when and how the age correction decision will be reflected in the databases of other institutions is evaluated according to the legislation governing the relevant transaction.

For instance, having the correct date may be important with respect to education, healthcare, passports, travel, military service, or age-dependent special rights.

Nevertheless, the case file does not contain information indicating that there is a separate request or ruling regarding any of these transactions.

Are a Court Judgment and the Application of the Civil Registry Office at the Same Stage?

The court judgment is directed at [updating] the plaintiffs' dates of birth in the civil registry based on the accurate dates. is aimed at.

The updating of the registry, on the other hand, is considered within the scope of the execution of the judicial decision.

The reasoned decision does not contain additional information as to on which day the civil registry record was technically updated or whether a new identity card was issued.

Which Documents May Be Crucial in Similar Age Correction Lawsuits?

While each case must be evaluated according to its own facts, the following categories of documents may come into question for individuals born abroad whose civil registry records have been established in Turkey:

• Current and past certified civil registry transcripts from Turkey,
• Application and registration documents submitted during the acquisition of Turkish citizenship,
• Foreign country birth records and official correspondence from competent authorities,
• Birth date information duly obtained from the consulate,
• Previous passports, foreign identification documents, and the consistency between them,
• Translation, legalization, or document verification procedures when necessary,
• Other evidence deemed necessary by the court depending on the nature of the dispute.

This list does not imply that all documents were necessarily submitted in the case at hand.

The evidence explicitly enumerated in the reasoning of the Büyükçekmece 4th Civil Court of First Instance consists of the population registration table, naturalization documents, and information obtained from the Afghan consulate.

Legal Assessment of the Case Handled by Atty. Batın YILMAZ

This case, pursued by Atty. Batın YILMAZ as counsel for the plaintiff, illustrates court practice regarding the resolution of discrepancies in the identity information of individuals born abroad and subsequently registered in the Turkish civil registry system through the comparison of concrete official documents, demonstrating that such issues can be resolved accordingly.

The prominent aspect of the decision is that the claim was not evaluated as a general request for “age reduction”; instead, the birth date alleged to have been erroneously recorded during naturalization is to investigate its accuracy from official sources.

Instead of relying solely on the plaintiffs' statements, the Court requested the relevant records and ruled in favor of the claims for both plaintiffs.

This outcome does not necessarily mean that an acceptance ruling will be issued with the same evidence in other cases. Another person's civil registry, previous identity records, birth certificates, or the scope of the dispute may differ.

The significance of the decision lies in being a concrete civil registry correction judgment rendered with documentary-based reasoning.

Frequently Asked Questions

Can a date of birth be corrected if it was incorrectly entered while acquiring Turkish citizenship?

Yes. Depending on the nature of the error, a clerical error correction at the civil registry office or a civil registry correction lawsuit before the civil court of first instance may be brought. In the examined case, the court granted the birth date correction requests of both plaintiffs.

Can a birth date certificate obtained from a foreign consulate be used in court?

Information obtained and submitted from foreign authorities in due form can be evaluated in proving the concrete case. In this case, the Büyükçekmece 4th Civil Court of First Instance examined the information obtained from the Afghan consulate together with other records.

In which court is a lawsuit for the correction of age filed?

As a rule, the court of jurisdiction for civil registry correction lawsuits is the civil court of first instance. Venue is evaluated in accordance with the rules set forth in Article 36 of Law No. 5490.

How many individuals' dates of birth were corrected in this court decision?

The lawsuit was filed on behalf of two individuals, and the court ruled to sustain the claims for both plaintiffs. It was ordered that the birth years of both individuals be advanced by one year and registered as corrected in the civil registry.

Was a bone age assessment or a medical board report obtained in this lawsuit?

No such report is mentioned in the explanatory grounds of the reasoned decision. The court stated that it evaluated the civil registry records, naturalization documents, and consular information.

Does a lawsuit for the correction of date of birth restore Turkish citizenship?

No. This lawsuit is not related to the granting or revocation of Turkish citizenship. Its subject matter is the correction of an erroneous birth date in the Turkish civil registry.

Is it strictly necessary to file a lawsuit to correct an erroneous civil registry record?

Not always. Pursuant to Article 35 of Law No. 5490, material errors made during registration can be corrected by the civil registry office in accordance with the underlying document. Depending on the nature of the dispute, a court order may be required.

Does the identity card change automatically after the court decision?

The execution of the court decision in the civil registry and the renewal of the identity document may be separate procedures. The reviewed reasoned decision does not contain information regarding when the new identity card was issued or when the administrative record was updated.

Conclusion: Dual Requests for Correction of Date of Birth Based on Foreign Birth Certificates Were Granted

With the decision of the Büyükçekmece 4th Civil Court of First Instance, dated 21.03.2025, numbered E.2024/451 and K.2025/184, ruled for the correction of the birth dates, which were incorrectly recorded during naturalization, of two individuals born in a foreign country who subsequently acquired Turkish citizenship.

Counsel for the plaintiff Atty. Batın YILMAZ in the lawsuit filed and prosecuted by, the court examined the civil registry table, naturalization documents, and information obtained from the Afghan consulate, determining that the birth date of both plaintiffs based on the accurate dates. with respect to both plaintiffs.

The decision serves as an example demonstrating the importance of supporting claims with concrete official documents in age-correction disputes, and particularly of comparing records of foreign state origin with civil registry information in Türkiye.

The requests of other individuals must be evaluated separately within the framework of their own documents and applicable procedural rules.

Legal Resources and Related Articles

• 
  Turkish Civil Code Art. 39 – Correction of the civil status registry
  
• 
  Civil Registry Services Law No. 5490, Arts. 35 and 36
  
• 
  Court of Cassation – Correction of civil registry records and the principle of ex officio investigation
  
• 
  Court of Cassation – Corrections in the civil status registry and the jurisdiction of the civil court of first instance
  
• 
  Turkish citizenship law – Applications and legal proceedings
  
• 
  Immigration Law – Legal Transactions of Foreigners in Turkey
  
• 
  Turning 18 during the citizenship application process
  
• 
  Child's age in citizenship applications – A different court ruling
  
• 
  Citizenship decision approval notification document and civil registry recording process
  
• 
  Sample court decisions and legal analyses
  

Author Information

Atty. Batın YILMAZ
Istanbul Bar Association – Bar Registry No: 77008

Legal disclaimer and confidentiality: This article is a legal review of the reasoned decision of the Büyükçekmece 4th Civil Court of First Instance, dated 21.03.2025, numbered 2024/451 E. and 2025/184 K. Personal information and data that could identify the plaintiffs have not been disclosed. The content is limited to the specific case and does not guarantee the same outcome in other proceedings.