For a foreign child in Türkiye with no responsible adult at their side, the first concern is ensuring their safety and protecting them as a child. Investigating identity or age must not become a reason to postpone shelter and healthcare. International protection, legal representation and any deportation proceedings are assessed separately from one another. That a child entered irregularly does not remove child protection safeguards.[1–3]
In a file concerning an unaccompanied child, a decision cannot be based on a passport or a restriction record alone. The child’s location, relationship with the adult who appears with them, age, care needs, whether it is safe to reach the family, and whether the child can explain their views in a language they understand must be examined together. This guide explains the difference between the special provisions on children who apply for international protection and the rules protecting all unaccompanied children.
Who is considered an unaccompanied child?
Under the Law No. 6458 on Foreigners and International Protection, a child is a person who has not yet reached eighteen years of age and has not attained majority. An unaccompanied child is a child who arrives in Türkiye without the accompaniment of an adult responsible for them by law or by custom, or who is left unaccompanied after entry. Having crossed the border with the family does not prevent a child who later becomes separated from the family from being assessed under this category.[1, Article 3]
The presence of a relative or acquaintance alone is also not a sufficient explanation. It is examined whether this person actually assumes the child’s care, whether they have authority to represent the child, and whether they pose a risk to the child. A declaration of kinship does not make the child’s own will and a safety assessment unnecessary. Where a child hesitates to speak in front of an adult who presents themselves as the child’s relative, the need for an independent interview should be specifically considered.
Applying for international protection and child protection measures are not the same procedure. Article 66 of the YUKK contains rules specific to unaccompanied children who apply for protection. Article 123 of the Implementing Regulation, by contrast, provides that child protection legislation applies in the proceedings of unaccompanied children regardless of whether an international protection application exists.[1–2]
What steps should be taken after the initial identification?
The priority is to take the child to a safe place and to notify the competent child protection units. The identity and status procedures carried out with the migration authority should proceed in coordination with the care and protection procedures carried out by the units of the Ministry of Family and Social Services. Urgent healthcare needs and any signs of violence or abuse should be recorded separately.
The Child Protection Law No. 5395 regulates measures of counseling, education, care, health and shelter. Which measure is necessary depends on the child’s specific needs. In cases requiring urgent protection, the Law’s special procedure applies. The purpose of a decision concerning the child is not limited to completing a handover to an institution; continuity of care, education and safe representation should also be monitored.[3, Articles 4–9]
| Area of review | What should be recorded | Legal significance |
|---|---|---|
| Safety and health | Location, urgent needs, signs of violence or exploitation | Determining the protective measure without delay |
| Identity and age | Declaration, existing documents, earlier records, interpreter details | Applying the child procedure and preventing recording errors |
| Family and accompaniment | Identity of relatives, relationship and care conditions | Safe placement and assessment of representation |
| Ongoing proceedings | Migration decision, service of notice, application and referral records | Preserving separate filing periods |
This table does not mean that the same list of documents is mandatory for every child. The protection needs of a child who has no passport or who cannot give a detailed account because of trauma cannot be disregarded on the ground of missing documents.
How is age assessment carried out?
Article 66 of the YUKK regulates age assessment in health institutions where physical appearance and the declared age are found not to match. Article 123 of the Regulation provides for a comprehensive examination, including a physical and psychological assessment, for persons whose age cannot be proven by documents and who may be suspected of being over eighteen. It is therefore not enough to record a person as an adult by looking at appearance alone, or to assume that a single measurement carries indisputable certainty.[1–2]
Documents and the medical report are assessed together
There may be differences between a birth certificate, school records, family records, earlier migration records and a medical assessment. In that case, the source of each document and the conditions in which it was issued should be explained. A conclusion that the declaration is unreliable should not be reached without investigating a mistranslation, the use of a different calendar, or differences in the spelling of names.
The purpose and process of the examination should be explained to the person. It should be visible in the file which methods the report relied on, whether it includes an age range or uncertainty, and why it differs from the other documents. The legal effect of the medical assessment is determined by the actual content of the report; scientific uncertainty should not be turned into a single definite date of birth.
If doubt cannot be resolved, the person is treated as a child
Article 123(2)(c) of the Regulation provides that, if doubt about age cannot be resolved at the end of the assessment, the person is treated as a child. Until a final report is issued, shelter is also provided by the competent public institution or at a place deemed appropriate. Keeping a person in the same conditions as adults while the age examination is awaited is a separate problem that must be assessed on its own.[2]
When objecting to the age record, a copy of the report, the documents that were not taken into account and the specific consequence arising from the record should be shown together. The age assessment, the population register entry and the migration decision based on this assessment may be different acts. It should not be assumed that a single filing period applies to all of them.
How do the duties of the guardian, the curator and the lawyer differ?
Article 404 of the Turkish Civil Code regulates placing a minor who is not under parental custody under guardianship (vesayet). A guardian (vasi) protects the child’s interests concerning their person and property and assumes the duty of representation in legal transactions. Where there is a need for representation in a specific transaction or a conflict of interest, appointment of a curator (kayyım) may also arise separately. The guardianship authority is, as a rule, the civil court of peace; in files with an international element, jurisdiction and the applicable law are examined separately.[4, Articles 397, 403–404, 426]
Article 7(7) of the Child Protection Law grants the juvenile judge who issues a protective and supportive measure the authority to decide also on custody, guardianship and curatorship alongside that measure. It therefore cannot be said that only one court may be approached for every need for representation; the existing child protection file and the nature of the decision sought must be examined together.[3]
A social services officer’s involvement with the child does not mean that the officer is automatically the guardian for every legal transaction. Appointment of a lawyer by the bar association also does not by itself resolve the question of custody or guardianship. The lawyer conducts the lawsuits and applications; the legal representative performs the duties of representation and consent according to the child’s legal situation. Where necessary, both kinds of support must be provided together.
Hearing the child’s views does not mean leaving the whole responsibility for the decision to the child. The explanation should be given in a manner appropriate to the child’s age and maturity; communication should be established through an interpreter; and the options for care, application and return should be explained in an understandable way. A child’s silence or compliance with an adult’s direction should not be accepted as a free and informed choice.[5, Articles 3 and 12]
Which criteria matter in placement and family tracing?
Under Article 66 of the YUKK, placement in suitable accommodation, with adult relatives or with a foster family may be considered, taking the child’s views into account. Siblings staying together, reducing changes of placement, continuity of care and interviews with specialist personnel are also addressed in the Regulation.[1–2]
Finding the family does not mean in every case that the child will immediately be handed over or returned. Domestic violence, forced marriage, exploitation, human trafficking or the risk that could arise from disclosing the child’s whereabouts must be investigated. Family unity and safety must be protected together. Instead of publicly sharing the child’s photograph, name or location, the secure communication channels of the competent institutions should be used.
Statements in earlier regulations about accommodating children who have reached sixteen in certain centers cannot be read as a general administrative supervision power. Under the current Law, the child protection framework, the purpose of the act and the legal basis of any measure restricting liberty are assessed separately. Calling a place “shelter” does not remove review of liberty where exit is in fact prevented.
How are international protection and deportation proceedings followed?
If the child fears returning to their country or faces a risk of serious harm, the need for international protection is investigated separately. Under Article 79(4) of the YUKK, applications of unaccompanied children cannot be placed in an accelerated assessment. This safeguard does not mean that every application will be accepted; it requires an age-appropriate procedure and an individual examination.[1]
Merely applying for protection is not a ground for administrative detention. Protective measures and less restrictive options must be assessed separately for the child. If there is a deportation decision, the child’s best interests, safe access to the family, health condition and the risks in the place of destination must be reflected concretely in the decision file. The principle of non-refoulement in Article 4 of the YUKK also applies to children.
| Procedure | Path to follow | Distinction to note |
|---|---|---|
| Protection and care needs | Competent child protection units and necessary court measures | The outcome of the migration application is not awaited |
| Lack of representation | Review for custody, guardianship or curatorship; lawyer support | Appointment of a lawyer does not resolve every representation problem |
| Deportation decision | Following the special seven-day litigation route from service | An application to social services or the bar association does not stop this period by itself |
| Administrative detention | Review by the criminal judgeship of peace (sulh ceza hâkimliği) under the relevant YUKK provision | A review of liberty separate from the deportation action |
During the filing period in Article 53 of the YUKK, and, if an action is filed, until the proceedings are concluded, there is a safeguard against deportation, without prejudice to the provision on the person’s consent. No conclusion should be drawn from a return form without separately examining consent, representation and best interests with regard to the child. Where there is an urgent risk, the decision, the notices, the referral information and the risk documents should be delivered to the lawyer together.
What records should the application file contain?
The file should allow events to be followed in chronological order. Copies of existing documents should be kept, and the reason a missing document could not be obtained should be explained. Before contact is made with an authority that could endanger the child’s safety, the protection need should be assessed.
- Existing documents on identity and date of birth, and copies of earlier records.
- The age assessment report, the method used and explanations of conflicting documents.
- Child protection, placement, custody, guardian or curator decisions.
- Current records showing health, education and care needs.
- Migration decisions, notices of service, interpreter requests and applications for access to a lawyer.
- Information on family ties and the possibility of secure contact, prepared with confidentiality in mind.
These documents are not collected merely to be attached to an application. It should be stated which document supports which request: correcting the age record, safe placement, appointment of a representative, preventing a referral or annulling a decision are different requests.
Conclusion
The file of an unaccompanied foreign child is not a single procedure that starts with identification and ends with a migration decision. Protection of the child, correct assessment of their age, securing legal representation and, where there is a risk of deportation, judicial review must proceed together. The reasoning for every decision concerning the child should be explained with personal needs and safety information. In a legal review, the first step should be to establish the child’s location and the dates of the existing decisions and notices.
Related articles: Foreign victims of human trafficking; Status and identity document of stateless persons; Legal aid, interpreters and representation in migration cases; International protection application, rights and appeal; Service of a deportation decision and the seven-day period; How a Turkish citizen spouse and child affect a deportation decision.
Frequently Asked Questions
Can a child without a passport be recorded as an adult?
The absence of a passport is not proof of adulthood. The declaration, the existing records and the necessary comprehensive age assessment are examined together. If doubt cannot be resolved at the end of the age assessment, the person is treated as a child under the Regulation.
Is protection put on hold while the age examination is ongoing?
The need for protection continues. Until the final report, shelter is provided by the competent public institution or at a place deemed appropriate; urgent health and safety needs are addressed separately.
Is it enough that the child has a relative with them?
No. The reality of the relationship, responsibility for care, authority to represent and safety conditions must be investigated. The child’s views should also be obtained by an appropriate method.
Does appointing a lawyer replace appointing a guardian?
No. The lawyer’s duty of legal assistance and the representation duties arising from custody, guardianship or curatorship are separate. Depending on the file, both may be necessary together.
Can an unaccompanied child’s protection application be accelerated?
Article 79(4) of the YUKK prohibits accelerated assessment of the international protection applications of unaccompanied children. The merits of the application are still examined individually.
Does applying to a child protection unit stop the filing period?
It does not stop it by itself. In particular, the seven-day filing period of a separate deportation decision must be monitored separately. Obstacles concerning representation and interpretation should also be documented.
Is the child sent back immediately once the family is found?
No. Whether returning to the family is safe and the child’s best interests must be assessed. Reaching the family does not replace investigating the risks in the place of destination.
Does a child’s protection in Türkiye confer citizenship?
Not by itself. A child protection measure, migration status and the acquisition of citizenship are separate legal matters.
Sources
- Law No. 6458 on Foreigners and International Protection, in particular Articles 3, 4, 53, 55, 66–70, 79 and 81; the text of Article 66 as amended by Law No. 7196.
- Regulation on the Implementation of the Law on Foreigners and International Protection, Official Gazette, March 17, 2016, No. 29656; in particular Articles 122–123.
- Child Protection Law No. 5395, in particular Articles 4–9; Ministry of National Education legislation text.
- Turkish Civil Code No. 4721, in particular Articles 397, 403–404 and 426.
- United Nations Convention on the Rights of the Child, in particular Articles 3, 12, 20 and 22; UNICEF Türkiye text.