As a general rule, a child born within a marriage takes the father’s surname. However, in the event of the spouses’ separation, there may be disagreements regarding the child’s surname. Even if the spouses separate, a child born within the marriage takes the father’s surname, and this continues after the divorce. However, in certain circumstances where it is in the child’s best interest, the child may take the mother’s surname. There is no other legal regulation on this matter. Therefore, if the mother remarries, the child cannot be given the surname of her new spouse. You can review the Sample Supreme Court Decision.
Legal Department
2020/565 E.
2020/4810 K.
“Text of Justice”
COURT: Family Court
CASE TYPE: Change of Surname of Child in Mother’s Custody
The defendant institution appealed the local court’s ruling in the case between the parties mentioned above, the document was read, and the necessary matters were discussed:
In the plaintiff woman’s petition; The defendant, who is the father of their child Umut, was divorced by the Sivas Family Court with decisions numbered 2005/1022 Main and 2005/991, and custody of their child Umut was granted to him. He had remarried a person named Göksel Yerlikaya, and claimed that there were problems due to the difference in the surname of the child and the common child, and requested that the surname of their common child Umut be changed from “Yıldızhan” to “Yerlikaya” and filed a lawsuit. As a result of the trial and the evidence gathered by the court; pursuant to Articles 27 and 20 of the Constitution, the request to change the surname of the child whose custody was granted to the mother is acceptable if there is a valid reason.
The dispute between the parties concerns whether it is possible to change the surname of the child born from the plaintiff mother’s second marriage to the surname of the child born from her second marriage. In the Turkish legal system, it is accepted that a child born within a marriage may take the surname of the mother or father who is granted custody following divorce, provided that it is in the child’s best interests and there is no other legal regulation on the matter. In this case, the acceptance of the case due to an error in the interpretation of the provisions of the law is contrary to procedure and law and must be overturned, whereas the case should have been dismissed.
CONCLUSION:
For the reasons stated above, it was unanimously decided to overturn the appealed decision, to refund the appeal fee upon request within 15 days of notification of this decision, and to keep the possibility of correction open. 10/15/2020 (Thursday)