Legal Department
Main Case Number: 2020/565
Decision Number: 2020/4810
“Judgment Text”
COURT: Family Court
CASE TYPE: Change of Surname for a Child Under the Mother’s Custody
The defendant institution, which appealed the decision issued by the local court in the case between the parties specified above by date and number, has reviewed the document and considered the relevant matters:
In the plaintiff’s petition:
The defendant, who is the father of their child Umut, was divorced by the Sivas Family Court via decisions numbered 2005/1022 Main and 2005/991, and custody of their child Umut was granted to him; She entered into a second marriage with a person named Göksel Yerlikaya and filed a lawsuit to change the surname of their child, Umut, from “Yıldızhan” to “Yerlikaya,” claiming that issues arose due to the child having a different surname from the mother. As a result of the trial and the evidence gathered by the court; pursuant to Articles 27 and 20 of the Constitution, a request to change the surname of a child whose custody has been granted to the mother may be accepted if there is a valid reason.
The dispute between the parties centers on whether it is possible to change the surname of the child born from the plaintiff’s second marriage to match the surname of the child born from her second marriage. Under the Turkish legal system, it is accepted that a child born within a marital union may take the surname of the mother or father to whom custody is granted following a divorce, provided this is deemed in the child’s best interest and there is no other legal provision to the contrary. In this context, the acceptance of the case due to an erroneous interpretation of the statutory provisions—when the case should have been dismissed—is contrary to procedure and law and must be reversed.
CONCLUSION:
For the reasons stated above, it was unanimously decided to annul the appealed decision, to refund the appeal fee upon request within 15 days of the notification of this decision, and to leave the possibility of correction open. October 15, 2020 (Thursday)