Research and development in private law

Research and development in private law

How to affect the parent's marriage on the citizenship of the children in the Iranian legal system with a look at the Turkish Legislation System

Document Type : Original Article

Authors
Hamid Ganjizadeh 1
Nejadali Almasi 2
1 Master's degree in Private Law, Tarbiat Modares University
2 Professor of Faculty of Law and Political Sciences, University of Tehran
10.22034/jpl.2025.2056363.1200
Abstract
One of the key issues for governments in the international arena is distinguishing their own nationals from those of other countries and determining their legal rights and obligations. Among the factors that can affect the acquisition of Iranian citizenship is the method of acquiring citizenship through marriage, which can directly or indirectly influence an individual's nationality. In Iran's legal system, there is no uniform approach regarding the granting of citizenship to children based on their parents. If the father of the born individual is Iranian, regardless of whether the child is born in Iran or abroad, they are considered an Iranian national under Iranian law. However, if the mother is Iranian, the child is not automatically considered Iranian and must meet additional conditions, one of which is birth on Iranian soil. In contrast, in Turkey's legal system, marriage alone does not grant citizenship; additional conditions must be met. Moreover, unlike Iranian law, there is no distinction between Turkish men and women in this regard. This analytical-descriptive research examines the impact of marriage on the citizenship of children in the legal systems of Iran and Turkey, focusing on the transmission of nationality. It can be stated that what matters to the Iranian legislature is the validity of the parents' marriage according to religious and legal standards, as well as the distinction made between an Iranian father and an Iranian mother. In contrast, Turkey's legal system does not differentiate between men and women, and for acquiring Turkish citizenship through marriage, regardless of whether the marriage is religiously solemnized, certain conditions must be fulfilled.
Keywords
Citizenship
Marriage
Iranian Father
Iranian Mother
Child
Subjects
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