HOW IS A NAME CHANGED? IS IT NECESSARY TO FILE A LAWSUIT FOR A NAME CHANGE?
According to Article 27 of the Turkish Civil Code No. 4721, a name change can only be made through legal proceedings. However, Law No. 7036 on Population Services and Amendments to Certain Laws, published in the Official Gazette No. 30229 dated November 3, 2017, has introduced a new opportunity for changing one’s name and surname.
As a result of this regulation and the Surname Law No. 2525, individuals can apply to the district population directorate where they reside within two years from the date the Law came into effect to change their surnames that are contrary to the provisions of the Law or contain spelling errors. The change is one-time only.
This law only allows for the correction of names and surnames that are contrary to the law. Consequently, it should be noted that individuals who wish to change their names for a valid reason must still file a lawsuit for a name change.
Currently, applying to the population registry office is not sufficient for name change procedures. The amendment made in 2017 only allows individuals whose names have been incorrectly recorded in the population registry to correct their names. In this context, a name change can be made by filing a lawsuit if there is a valid reason.
COURT AUTHORIZATION AND ASSIGNMENT IN NAME CHANGE LAWSUITS
A name change lawsuit is filed at the First Degree Court of Justice in the place of residence of the plaintiff, i.e., the person who wants to change their name.
VALID REASONS FOR CHANGING A NAME:
Examples of valid reasons for a name change include:
– The name has a ridiculous, mocking, ugly, bad, or immoral meaning.
– Th e name is inappropriate or difficult to pronounce.
– The same name is used by more than one person, causing confusion.
– In the event of a change of religion or citizenship,
– In the event of a change of gender,
– I f a person is known/called by another name in their family or circle of friends,
– If your name interferes with a person’s social life or business activities,
– If a member of the family of the person whose name is mentioned has committed a serious crime or has a bad reputation.
-There is a name that is prohibited from use,
These reasons can be cited as examples of valid reasons. However, valid reasons are not limited to these examples. Each case must be evaluated individually.
A name change does not affect a person’s legal ties to their family. In other words, the person’s family ties are not severed, and they can still be an heir.
HOW DOES THE PROCESS WORK AFTER A NAME CHANGE LAWSUIT?
Name change lawsuits are usually decided quickly. After the decision is made, the relevant court decision is notified to the parties. The parties can file an objection within 15 days after receiving the decision notification. If no objection is made within 15 days, the decision becomes final. The final decision is sent to the Press Announcement Institution for publication. It takes an average of 10-15 days for the announcement to be made and the announcement newspaper to be sent to the court. After this stage, the court sends the decision to the relevant population registry office, and the person can obtain their new identity card from the population registry office.
A person can pursue a name change case on their own or with the help of a lawyer. However, since such cases require legal knowledge and experience, legal processes such as preparing the petition, filing the case, and making a decision may cause some difficulties for the person; therefore, it may be beneficial to work with a lawyer to prevent loss of rights.