Surname Change Lawsuit

Surname Change Case

A surname change lawsuit is a type of lawsuit that can be filed by individuals who, due to various reasons related to its nature, feel the need to change their surname. It is regulated under Article 27 of the Turkish Civil Code as follows:

“The change of a name can only be requested from the judge based on justifiable reasons.
…
A change of name does not alter the personal status.”

The term “name” used in the legal provision includes both the first name and the surname; therefore, the surname is also covered by this article. Accordingly, a surname change lawsuit is a lawsuit filed by the plaintiff to change the surname recorded on their identity by exercising their personal right closely tied to their individual existence. As a result of this lawsuit, the plaintiff can change their surname.

Existence of Justifiable Cause in Surname Change Lawsuit

According to the provision of Article 27 of the Turkish Civil Code (TCC) quoted above, the person who will file a surname change lawsuit must base their request on “justifiable reasons.” In this regard, the 8th Civil Chamber of the Court of Cassation, in its decision dated 08.02.2018, case number 2017/6911, decision number 2018/1819, stated:

“Article 27 of the Turkish Civil Code No. 4721 provides that the change of a name can only be requested from the judge based on justifiable reasons, that the change shall be recorded and announced in the population registry, that a change of name does not result in a change of personal status, and that those who are harmed by this change may file a lawsuit to annul the change decision within one year from the date they become aware of it.

The question of which circumstances constitute justifiable reasons shall be determined by the court according to the special conditions of each case. When making this determination, more attention should be paid to the special reasons presented by the petitioner rather than objective conditions.

These special and individual reasons should be evaluated by the judge, taking into account the petitioner’s personality, social status, and family relationships.

A first name and surname are an inseparable element of personality. A person is known and identified by them. A name or surname carries meaning when embraced by the person who bears it by its nature.

It is the most natural right of a person who does not embrace their name or whose name does not identify with their personality to want to change their name.

In such a case, in lawsuits containing requests for name changes, the preference and desire of the plaintiff should be prioritized and primarily taken into consideration.”

What Is the Duration of a Surname Change Lawsuit?

A surname change lawsuit is usually completed in the first or second hearing if the process is carried out without errors by the authorities. The duration of the lawsuit varies from court to court but generally takes about 3 to 5 months.

Procedures in Surname Change Lawsuit

In a surname change lawsuit, the competent court by jurisdiction is the civil court of first instance, while the authorized court by venue is the court of the plaintiff’s place of residence. In this matter, the parties may require a lawyer, possibly a lawyer based in Antalya, to file the relevant request.

Frequently Asked Questions (FAQ)

1. Can a Surname Change Decision Be Appealed?

The right to object to a surname change, who can exercise it and how, is regulated as quoted in Article 27, paragraph 3 of the Turkish Civil Code (TCC):

“A person who is harmed by the change of a name may file a lawsuit to annul the change decision within one year from the date they become aware of it.”

2. How Is a Surname Change Announced?

The announcement of a surname change is regulated in Article 27 of the Turkish Civil Code as follows:

“The change of a name shall be recorded in the population registry and announced on the announcement portal of the Press Advertisement Agency. 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 is changed is registered in the population registry, date of birth, mother’s and father’s names, previous first name and surname, and the new first name and surname given by the court decision.”

3. What Happens to the Wife’s Surname When the Husband Changes His Surname?

If the husband changes his surname as a result of a surname change lawsuit, the wife’s surname automatically changes during the marriage period. Similarly, the surname of minors under 18 or adopted children also changes automatically without the need for any additional procedure.

4. Can a Divorced Woman Continue Using Her Married Surname or Change It?

According to Article 173 of the Turkish Civil Code, a divorced woman shall revert to her maiden name, which will be considered her surname of widowhood or single status. However, paragraph 2 of the same article states:
“If it is proven that the woman has an interest in using the surname of her former husband and that this does not cause any harm to the husband, the judge may allow her to retain his surname upon her request.”

Therefore, under certain conditions, it is possible for a woman to continue using her ex-husband’s surname by court decision.

Some Supreme Court (Court of Cassation) Decisions Regarding Surname Change Lawsuits

1. **”The plaintiff’s attorney stated in the petition that the client holds dual citizenship, changed their name to B. Z. B. and surname to Y. S. in the United Kingdom, and that the difference in name and surname between the UK and Turkey causes significant confusion. Therefore, the attorney requested and filed a lawsuit for the client’s name to be changed to B. Z. B. and surname to Y. S. The defendant’s representative responded by stating that there was no registration barrier in terms of name correction, but according to the laws applied in our country, it is not appropriate for a woman’s surname to be transferred to a man, and requested the dismissal of the claim on this basis. The court ruled that everyone has the right to be called by the name they are known and recognized by, and therefore accepted the claim, deciding to correct the plaintiff’s name from H. B. to B. Z. B. and surname from Y. to Y. S. Upon the appeal of the defendant’s representative, the Chamber of the Court of Cassation annulled the decision for the reasons explained above. The local court insisted on its previous judgment by expanding on the previous reasoning. This insistence decision was again appealed by the defendant. The legal dispute brought before the General Assembly of the Court of Cassation centered on whether there is a legal basis for changing the plaintiff’s surname in the civil registry from Y. to Y. S.”** (Court of Cassation, General Assembly of Civil Chambers, Decision dated 10.07.2013, Case No: 2013/18-122, Decision No: 2013/1059)
2. **”In the petition, the plaintiff’s attorney claimed that the plaintiff is known by the name (…) and requested that the name registered in the civil registry as (…) be changed to (…). According to Article 27 of the Turkish Civil Code No. 4721, a person may request a name change from the judge based on justifiable reasons. In the case law of the Court of Cassation, it is accepted that, provided it does not conflict with the mandatory provisions of the law, a person may use the name they are known by in their community and request its registration in the population registry. In the present case, as it is understood from the file content that the plaintiff is known by the name (…), there is a justifiable reason for the name change. Therefore, the request should have been accepted, and it was not correct to dismiss the lawsuit based on unfounded reasoning.”** (Court of Cassation, 18th Civil Chamber, Decision dated 09.03.2010, Case No: 2010/1532, Decision No: 2010/3572)
3. **”In the petition, the plaintiffs’ attorney stated that the plaintiffs’ son is known by everyone in their community as ‘…’ and requested that the child’s name, currently registered as ‘…’, be changed to ‘…’. According to Article 27 of the Turkish Civil Code No. 4721, the correction of a name or surname may be requested from the judge based on justifiable reasons. In the present case, the facts put forward in the petition, along with the information and documents collected in the file and witness statements, constitute a justifiable reason under the mentioned legal provision. Therefore, the lawsuit should have been accepted, and the child’s name should have been corrected as requested by the plaintiffs. However, the dismissal of the case based on improper reasoning was not deemed appropriate. Considering that the judgment was rendered without taking into account the principles explained above, the appeal objections are found to be valid, and the decision is hereby OVERTURNED in accordance with Article 428 of the Code of Civil Procedure.”** (Court of Cassation, 18th Civil Chamber, Decision dated 05.07.2011, Case No: 2011/6254, Decision No: 2011/8238)
4. **”In the petition, the plaintiff stated that although their registered name is ‘…’, they are known as ‘…’ and requested that their name be changed to ‘…’. According to Article 27 of the Turkish Civil Code No. 4721, the correction of a name and surname can be requested from the judge based on justifiable reasons. In the present case, the facts presented by the plaintiff in the petition, along with the evidence collected in the file—particularly witness statements and police investigation—are considered justifiable reasons under the relevant article. Therefore, the lawsuit should have been accepted, and the plaintiff’s name should have been corrected as requested. However, rejecting the case based on an improper justification was not deemed appropriate.”** (Court of Cassation, 18th Civil Chamber, Decision dated 06.03.2012, Case No: 2011/11361, Decision No: 2012/2297)
5. **”In the petition, the plaintiff’s attorney stated that since the date of her marriage to a Swiss citizen in 1994, the client has used her husband’s surname, ‘Sc…id’; that she is also a Swiss citizen; and that using different surnames in Turkey and Switzerland causes problems. Therefore, the attorney requested that the plaintiff’s surname registered as ‘E…ur’ in Turkish civil records be changed to ‘Sc…id’. The court accepted the claim and ruled that the plaintiff’s surname be changed as requested. However, Article 3 of the Surname Law No. 2525 states that names of foreign races and nationalities cannot be used as surnames. In accordance with this law, Article 7 of the Surname Regulation No. 2891 also provides that “foreign race and nation names cannot be used as surnames,” and Article 5 of the same regulation states that “newly adopted surnames shall be taken from the Turkish language.” The surname that the plaintiff wishes to adopt contradicts the above-mentioned provisions of the said Law and Regulation. Therefore, the court’s decision to change the surname from ‘Eskikanbur’ to ‘Schmid’ without considering these legal provisions is not deemed proper. For these reasons, and given that the judgment was rendered without taking into account the legal principles explained above, the appeal objections are found to be valid, and the decision is hereby OVERTURNED in accordance with Article 428 of the Code of Civil Procedure.”** (Court of Cassation, 18th Civil Chamber, Decision dated 25.10.2013, Case No: 2013/21051, Decision No: 2014/2756)