What Is a Name and Surname Change Lawsuit?
A name and surname change lawsuit is a legal action filed by the plaintiff to change the first name or surname recorded in official identity documents, by exercising their personal rights closely tied to their individual identity, as regulated under Article 27 of the Turkish Civil Code. It should be noted that, as a result of this legal procedure, the plaintiff may either completely change their name and surname or add a new name to the existing one.
The Existence of a Justified Reason in a Name and Surname Change Lawsuit
As stated in Article 27 of the Turkish Civil Code (TCC), “A change of name may only be requested from the judge based on justified reasons.” Accordingly, since the term “justified reason” encompasses a broad concept, it is not specifically regulated but generally includes the individual’s subjective or personal reasons.
Based on this, the 8th Civil Chamber of the Court of Cassation, in its decision dated 08.02.2018, File No: 2017/6911, Decision No: 2018/1819, stated the following:
“According to Article 27 of the Turkish Civil Code No. 4721, a change of name may only be requested from the judge based on justified reasons; the change shall be recorded in the civil registry and announced; a name change does not alter the personal status; and those who are harmed by this change may file a lawsuit for the annulment of the change within one year from the date they become aware of it.
Which situations constitute justified reasons shall be determined by the court according to the specific circumstances of each case. In making this determination, the special reasons presented to the court by the applicant should be considered more than the objective conditions.
These personal and unique reasons must be evaluated by the judge, taking into account the personality, social status, and family relationships of the applicant.
A name and surname are inseparable elements of personal identity. A person is known and identified by them. A name or surname has meaning only when it is adopted by the person who bears it.
It is the natural right of someone who does not identify with their name and does not feel it reflects their personality to wish to change it.
In such cases, in lawsuits involving a request for name change, the applicant’s personal choice and desire should be prioritized and primarily taken into account.”
Examples of such justified reasons may include:
Or the official name harming the person’s career or professional image, etc.
The individual not feeling a sense of belonging to their first name and/or surname,
The name or surname being perceived as funny, traumatic, or difficult to pronounce,
Being known by a different name in their social environment than what is written on their ID,
The Duration of a Name and Surname Change Lawsuit
The name and surname change lawsuit, if the procedure is promptly carried out by the authorities, is usually concluded at the first or second hearing. Although the duration of the case may vary depending on the court, it typically takes between 3 to 5 months.
The Competent and Authorized Court in Name and Surname Change Lawsuits
In name and surname change lawsuits, the court of competent jurisdiction is the Civil Court of First Instance, while the authorized court is the court in the place where the plaintiff resides. In this regard, the parties may need an attorney specialized in this area to file and follow up on the case.
Frequently Asked Questions
1. Who Can File a Name and Surname Change Lawsuit?
A name and surname change lawsuit can be filed by the person themselves or by a lawyer authorized through a special power of attorney. In the case of individuals under 18 years old, the right to file a lawsuit belongs to their legal guardians or the lawyers authorized by them.
2. Can the Name and Surname Change Decision Be Appealed?
As regulated in Article 27 of the Turkish Civil Code (TMK); a person who is understood to have been harmed by the plaintiff’s name change can file a lawsuit to annul the relevant change decision within 1 year from the moment they become aware of it.
3. How Is the Name and Surname Change Announced?
The announcement of the name and surname change is regulated as quoted in Article 27 of the Turkish Civil Code (TMK):
“The change of the name is recorded in the population registry and announced on the announcement portal of the Press Advertisement Institution. This announcement includes; the court that issued the ruling, the date the decision was made, the file’s main and decision numbers, the place where the person whose name was changed is registered in the population registry, date of birth, mother’s and father’s names, previous name and surname, and the new name and surname given by the court decision.”
4. Is the Name and Surname Correction Lawsuit Different from the Name and Surname Change Lawsuit?
As mentioned, the name and surname change lawsuit aims for the plaintiff to completely change their name and surname or to add a new name. On the other hand, the name and surname correction lawsuit is filed to fix an existing error in the name. However, both lawsuits share the same legal nature; the only difference is that in name and surname correction cases, errors are generally corrected without the need to hear witnesses.
5. Can I Add a New Name in a Name and Surname Change Lawsuit?
As explained above, in a name and surname change lawsuit, the plaintiff can completely change their name and surname, or they can add a new name to their existing name.
6. What Happens to the Wife’s Surname When the Husband Changes His Surname?
If the husband changes his name and surname through a name and surname change lawsuit and changes his surname, the wife’s surname automatically changes during the marriage period. Similarly, the surnames of minors under 18 or adopted children also change without any additional procedure.
7. Can a Divorced Woman Continue Using the Surname She Used During Marriage or Change Her Surname?
The legislator essentially stipulates in Article 173, paragraph 1 of the Turkish Civil Code (TMK) that a divorced woman will revert to her maiden surname, which will be her widowhood or maiden name. However, in the same article, paragraph 2 states that “if it is proven that the woman has an interest in using the surname of her divorced husband and that this does not harm the husband, the judge may allow her to keep her ex-husband’s surname upon her request.” Thus, under certain conditions, the court may permit the woman to continue using her former husband’s surname by court decision.
Some Supreme Court Decisions Regarding Name and Surname Change Cases
- “In the concrete case, since the plaintiff claimed to the … Directorate that he/she did not make the notification and that the signatures do not belong to him/her, the original birth record of … and, if any, supporting documents in which the signatures allegedly belonging to the plaintiff are found should have been submitted to the file, a signature examination should have been conducted, and after all the evidence was collected, a decision should have been made accordingly. However, it was not considered correct to establish a judgment as written with incomplete examination and investigation. Therefore, without taking into account the principles explained above, the establishment of the judgment as written is incorrect, and since the appeals are justified for these reasons, the judgment is overturned pursuant to Article 428 of the Code of Civil Procedure (HUMK).” (Supreme Court 18th Civil Chamber, dated 13.07.2010, Case No: 2010/6385, Decision No: 2010/10787)
- “The plaintiff’s attorney, in the petition, claimed that the plaintiff is known by the name … and requested that the name written in the population register as … be changed to …. According to Article 27 of the Turkish Civil Code No. 4721, a person may request the judge to change their name based on justifiable reasons. In Supreme Court practices, as long as it does not contradict the mandatory provisions of the law, a person may use the name by which they are known in their environment and request registration of that name in the population records. In the present case, since it is understood from the file that the plaintiff is known by the name …, and there is a justifiable reason for the name change, the request should have been accepted; therefore, the decision to reject the case based on unfounded reasons is deemed incorrect.” (Supreme Court 18th Civil Chamber, dated 09.03.2010, Case No: 2010/1532, Decision No: 2010/3572)
- “The plaintiffs’ attorney stated in the petition that the plaintiffs’ son is known by the name ‘…’ by his entire environment and requested that the minor’s name, which is ‘…’, be changed to ‘…’. According to Article 27 of the Turkish Civil Code No. 4721, correction of the name and surname can be requested from the judge based on justifiable reasons. In the concrete case, the matters asserted by the plaintiff in the petition, the information and documents collected in the file, and the witness statements are considered justifiable reasons under the relevant article of the law. Therefore, the acceptance of the case and the correction of the plaintiffs’ son’s name as requested should have been ruled. The rejection of the case with an unfounded reason was not deemed correct. Accordingly, without considering the principles explained above, the establishment of the judgment as written is incorrect, and since the appeals are justified for these reasons, the judgment is overturned pursuant to Article 428 of the Code of Civil Procedure (HUMK).” (Supreme Court 18th Civil Chamber, dated 05.07.2011, Case No: 2011/6254, Decision No: 2011/8238)
- “The plaintiff stated in the petition that although his/her registered name is ‘…’, he/she is known by the name ‘…’ and requested that his/her name be changed to ‘…’. According to Article 27 of the Turkish Civil Code No. 4721, correction of the name and surname can be requested from the judge based on justifiable reasons. In the concrete case, the matters asserted by the plaintiff in the petition, the evidence collected in the file, and especially the witness statements and law enforcement investigation are considered justifiable reasons according to the relevant article of the law. Therefore, the case should have been accepted and a ruling made to correct the plaintiff’s name as requested. The rejection of the case on unfounded grounds was deemed incorrect.” (Supreme Court 18th Civil Chamber, dated 06.03.2012, Case No: 2011/11361, Decision No: 2012/2297)
- “The plaintiffs stated in the petition that although their daughter’s name is registered as ‘Fatma’ in the population records, she is known as ‘Gizem’ in her environment, and that the difference between her known name and the registered name causes confusion. They requested that their daughter Fatma’s name be changed to ‘Gizem.’ The court rejected the case. According to Article 27 of the Turkish Civil Code No. 4721, correction of the name and surname can be requested from the judge based on justifiable reasons. In the concrete case, the matters asserted by the plaintiffs in the petition, the evidence collected in the file, and especially the witness statements are considered justifiable reasons under the relevant article of the law. Therefore, the case should have been accepted and a ruling made to change the plaintiffs’ daughter Fatma’s name as requested. The rejection of the case on unfounded grounds was deemed incorrect.” (Supreme Court 18th Civil Chamber, dated 03.05.2012, Case No. 2012/2238, Decision No. 2012/4978)
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