ENTRANCE
Names and surnames are among the most fundamental elements of an individual’s social identity. These
elements ensure social, legal, and official recognition. In the Turkish legal system, the right to a name and
surname is considered a part of personal rights. Therefore, changes to a name or surname are subject to
strict regulations within the framework of the Turkish Civil Code (TCC) and related legislation.
Today, individuals may request a name or surname change for a variety of reasons. These
reasons include:- The person’s name is made fun of,- Creating a negative perception in society,- Difficult to pronounce,- Situations such as the surname not reflecting family ties or being misspelled are prominent.
Furthermore, changing the names or surnames of children under custody is done in the
child’s best interests. Therefore, these cases are crucial for protecting individual rights and
maintaining family order.
1-) Legal Regulations
1.1. Turkish Civil Code
The basic regulations regarding name and surname changes are included in the Turkish Civil Code:
TMK Article 27:”The name can be changed upon request from the judge for justified reasons.
TMK Article 321:The child’s surname is the surname of the family for children born within a marriage union, and the surname of the
mother for children born outside of marriage.
Turkish Civil Code Articles 335-351:Custody provisions are regulated and the best interests of the child and the scope of custody are
specified.
1.2. Population Services Law
Civil Registry Services Law No. 5490 regulates the administrative and judicial processes for name and
surname changes. It also outlines procedures for correcting inaccurate records and for changes through
litigation.
1.3. Constitution
In accordance with Article 20 and Article 17 of the Constitution, the principles of protection of personal rights and privacy of private life
are taken into account in name and surname changes.
2-) Name and Surname Change Cases and Reasons Accepted as Just Causes
Situations
Name or surname change lawsuits are filed when an individual wishes to change their current name or surname for
legitimate reasons. These lawsuits are considered within the scope of the protection of personal rights.
Just cause is required for a lawsuit to be filed. Some situations considered just cause by the Supreme Court of
Appeals precedents include:- The name is ridiculous, ugly or derogatory,- The name creates a negative connotation in society,- The name is difficult to pronounce or write,- Requesting to change the name for religious or cultural reasons,- The surname is written incorrectly or does not reflect family ties.
3-) Authorized and Competent Court for Name Change or Surname Change
The competent court for name and surname change cases is the Civil Court of First Instance. The plaintiff may file
the case in the Civil Court of First Instance where the plaintiff resides.- An officer appointed by the Civil Registry Office participates as a defendant in the name and surname
change case.
4-) Change of Name and Surname of the Child Under Custody
In cases of name or surname change for children under custody, the best interests of the child are taken into
consideration.
4.1. Name Change- Changing the child’s name may be requested by the mother or father exercising custody rights.- Mother and father must act together.- If the mother or father has a different opinion, the court decides by taking into consideration the best interests of the child.- The court also takes the opinion of children over a certain age into account, taking into account the child’s age and
ability to perceive.
Examples of justifiable reasons:- The name is a laughing stock,- Difficult to pronounce,- Having a negative impact on the child’s identity development.
4.2. Surname Change
Changing a child’s surname often comes up in surname disputes after divorce.
According to the Supreme Court decisions, even if the child has custody of the mother after divorce, it is essential for the child to carry the father’s
surname.
However, if the child’s best interests require it, the court may decide to use the mother’s surname.
Important Supreme Court Principle:
The Supreme Court emphasizes that the “best interests of the child” are the determining factor in changing a child’s surname.
Decisions are made based on the child’s psychological development, social environment, and current family structure.
5-) Matters and Evidence Required to Be Included in the Petition
5.1. Petition of Lawsuit
The petition must include the following:- The identity information of the plaintiff,- Defendant party information (mostly the civil registry office),- Justified reason explanations,- Relevant documents and evidence,- Request result.
5.2. Evidence- Identity register copy,- Witness statements,- Psychological reports (especially in terms of the best interests of the child),- Other official documents.
6-) Supreme Court Jurisprudence and Opinion
6.1. Name Change
The Supreme Court interprets the concept of just cause in name changes broadly and tends to protect the individual’s
personal preferences.- The name is a laughing stock,- It evokes a negative person or event in society,- Requesting a change for religious or cultural reasons is considered a justified reason.
6.2. Surname Change- Especially in matters of the surname of the child under custody after divorce, the Supreme Court of Appeals bases itself on the best interests of
the child.- Giving the mother’s surname is only accepted when it is clearly in the child’s best interest.- Changing the surname solely at the mother’s request is not considered sufficient.
7-) Legal Nature of Name Change or Surname Change
Changing one’s name or surname is the exercise of a legal right to individual existence, which is closely tied to one’s
personality. One of the most important identities of a person is their first name and last name. Because individuals are known
by their first and last names within society, changing their first and last names carries a certain legal significance.
depends on the procedure.
😎 Who can file a lawsuit to change name and surname?
A name and surname change lawsuit can only be filed by the individual themselves or by a lawyer to whom they have granted a
special power of attorney. For minors, the lawsuit can be filed by the parent with custody rights or by a lawyer to whom they
have granted a power of attorney.
9-) What are the documents required for the Name and Surname Change Case?- Name and surname change cases are generally handled through civil registry records. Therefore, no specific
documentation is required to file a lawsuit. However, if the underlying cause of the name change, and especially
surname change cases, is linked to a specific document, the relevant document may be presented as evidence.- If there is any confusion in social life due to the current name and surname used or if there are some
complications in official proceedings, documents proving these issues must be submitted to the court along
with the case file when filing a name change lawsuit.
The most important evidence in a name and surname change case is witness testimony. If the name is not clearly ridiculous,
does not have a known negative connotation, or does not have a negative connotation in terms of form, witness evidence
becomes crucial for proving subjective circumstances.
10-) Difference Between Name and Surname “Correction Case” and Name and Surname “Changing Case”- With the name and surname change lawsuit, the plaintiff changes his/her name or surname completely or adds a new name
to his/her existing name.- In a name and surname correction lawsuit, the plaintiff corrects their name by correcting an existing error.
For example, changing the name from Memet to Mehmet in the civil registry.- The legal nature of both cases is the same. However, in name or surname correction cases, most errors
can be corrected even without hearing witnesses.
11-) Duration of the Name and Surname Change Case- A name and surname change case is completed in the first hearing, or at the latest, in the second hearing, provided the necessary
procedures are completed expeditiously. The case usually takes between three and four months to complete, although the time varies
from court to court.
12-) Objection to the Decision to Change Name and Surname
According to Article 27 of the Civil Code, anyone who has suffered any harm due to a name or surname
change may file a lawsuit to overturn the change within one year of being notified of the change. However,
it should be noted that the harm in question must be realistic, objective, and demonstrable. For example, if a
relative of a famous person changes their name or surname to match the famous person’s, this change may
potentially cause harm.
CONCLUSION
Names and surnames are fundamental elements of personal rights that form an individual’s social identity.
Name or surname change cases protect individual rights and are also important for social order and the
public good.
In cases involving changing the names and surnames of children under custody, the principle of the child’s best
interests is the most decisive factor. In these cases, courts consider not only the parents’ requests but also the child’s
focuses on future psychological and social development.
Therefore, before filing a lawsuit for name and surname changes, supporting justified reasons with strong evidence will
ensure that the process progresses more quickly and healthily.
NAME-SURNAME CHANGE CASES – CUSTODY
CASES FOR CHANGE OF CHILD’S NAME AND SURNAME
MOST WONDERED ABOUT YOU
1-) What is the name and surname change case?
A name and surname change lawsuit is a lawsuit filed by an individual seeking to change their
current name or surname for legitimate reasons, pursuant to Article 27 of the Turkish Civil
Code.
2-) What reasons are considered justified for a name change?
According to the Supreme Court precedents, some of the justifiable reasons are as follows:- The name is a laughing stock or is considered ridiculous,- The name has a negative connotation in society,- Difficulty in pronunciation or spelling,- Requesting change for religious or cultural reasons,- The name creates negative psychological effects on the person.
3-) In what cases can a surname change be made?
Surname changes may occur in the following situations:- Wrong spelling of the surname,- If the surname is a laughing stock or damages the person’s honor,- If the surname change after divorce is against the best interests of the child,- Changes in legal status such as adoption,- The need to accurately reflect family ties.
4-) In which court can a name or surname change case be filed?
The lawsuit is filed in the Civil Court of First Instance. The competent court is the court of the person’s place of residence.
5-) Is an administrative application sufficient for a name or surname change?
No. Administrative corrections can only be made through the Civil Registry Office for spelling errors or
obvious factual errors. Name and surname changes made for legitimate reasons must be subject to a court
order.
6-) Who can change the name of a child under custody?- Changing the child’s name may be requested by the parent or parents exercising custody
rights.- Parents should decide together.
- If the mother and father have different opinions, the court decides according to the best interests of the child.
7-) Can the surname of a child under custody be changed?- Yes. However, after a divorce, the child’s surname usually remains the father’s surname.- Changing the surname is only possible if it is clearly in the best interests of the child.- The court makes its decision by taking into account the child’s psychological development and social environment.
😎 Is the child’s opinion taken into account?
Yes. The court will consider the child’s opinion based on their age and maturity. Children ages 8
and older are generally considered, but the final decision rests with the court.
9-) Can a divorced mother change her child’s surname on her own?- No. According to the Supreme Court decisions, the mother does not have the authority to change the child’s surname on her own.- A lawsuit must be filed for this situation.- The court decides by evaluating the best interests of the child.
10-) What evidence can be presented in name or surname change cases?- Identity register copy,- Witness statements,- Psychological reports (especially for the best interests of the child),- Written documents, official records,- Social investigation report.
11-) Is it necessary to hire a lawyer in these cases?
Hiring a lawyer is not mandatory. However, because cases involving name and surname changes, particularly for children
under custody, involve technicalities, it is recommended that you follow up with a lawyer to avoid any loss of rights.
12-) How are the costs and fees of the case determined?- In name and surname change cases, a fixed fee is applied.- The amount of costs may vary depending on the year and region in which the case was filed.
13-) What happens if the court rejects the name or surname change?- If the court rejects the case, the current name or surname is retained.- The plaintiff may file a lawsuit again with new evidence.- A new lawsuit cannot be filed on the same issue before the rejection decision becomes final.
14-) What happens after the name or surname change decision is finalized?- After the decision becomes final, it is reported to the Civil Registry Office.- Population records are changed in accordance with the court decision. - A new identity document is issued.
15-) How long does it take to finalize name or surname change cases?- The duration of the case varies depending on the court’s workload and the status of the evidence in the file.- On average, it can take between 3 and 6 months to complete.- In urgent cases that concern the best interests of the child, the process can be accelerated.
The Importance of Legal Support
Name and Surname Change Cases – Changing the name and surname of a child under custody requires
technical knowledge, legislative expertise, and in-depth expertise in judicial practices. While the legal
provisions are clear, each case has its own unique circumstances, and even a small mistake can lead to
a loss of rights. Therefore, working with an experienced attorney from the beginning of the process is
crucial to determining the right strategy, protecting your rights, and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.