DOES A WOMAN HAVE TO CHANGE HER SURNAME UPON MARRIAGE?

IS A WOMAN REQUIRED TO CHANGE HER SURNAME UPON MARRIAGE?

CAN A WOMAN USE HER OWN SURNAME AFTER MARRIAGE?

IS A WOMAN REQUIRED TO TAKE HER HUSBAND'S SURNAME UPON MARRIAGE?

CAN A WOMAN USE BOTH SURNAMES AFTER MARRIAGE?

What are the legal regulations regarding a married woman's surname? Can she use her maiden name before her husband's surname after marriage, if she wishes? Can she use both surnames? What steps must she take to do so?

Upon marriage, a woman takes her husband's surname unless she makes another preference. If a woman wishes to bear both her maiden name and her husband's surname after marriage, she must state this to the marriage officer or the civil registry office. Women can use both surnames through these methods.

So, in the event of a divorce, does the woman have the right to continue using her ex-husband's surname?

Under normal circumstances, after a divorce becomes final, a woman must use her maiden name. However, if the woman expresses her desire to continue using her ex-husband's surname to the judge during the divorce proceedings and the other party accepts this, she may continue to use her existing surname even after the divorce. Couples who have common children or women who have gained recognition under their married name are often sensitive about not changing their surname.

What are a woman’s rights regarding her surname under the Law?

The issue of a woman's surname is regulated in Article 187 of the Turkish Civil Code as follows: “A woman takes her husband's surname upon marriage; however, by making a written application to the marriage officer or subsequently to the civil registry office, she may also use her previous surname before her husband's surname. A woman who previously used two surnames can only benefit from this right for one surname.” Although this article of the law is still in effect, it was decided on 28.04.2023 to amend it.

Posts claiming, “The law stating that a woman takes a man's surname has been cancelled; a married woman will be able to use her maiden name,” have been circulating on the internet and social media. What is the truth of the matter? Will we be able to continue our lives with our own surnames even if we get married?

The Constitutional Court issued a decision that paves the way for a woman to use her own surname alone after marriage.

The Constitutional Court cancelled the provision in Article 187 of the Turkish Civil Code which states, “A woman takes her husband's surname upon marriage; however, by making a written application to the marriage officer or subsequently to the civil registry office, she may also use her previous surname before her husband's surname,” finding it contrary to the equality provision in the Constitution. The Constitutional Court ruled that the article in question is contrary to Article 10 of the Constitution, which states, “Everyone is equal before the law without distinction as to language, race, color, gender, political opinion, philosophical belief, religion, sect, or any similar reason. Men and women have equal rights. The state is obliged to ensure that this equality is put into practice.”

Will it be necessary to file a lawsuit for a woman to use her own surname, as it was in the past?

I believe that, as with the use of double surnames, one can benefit from this right by going to the marriage officer or later to the civil registry office; I have not yet encountered any additional regulation stating that it is mandatory to file a lawsuit in this regard.

It is a positive development that such a regulation, which grants women freedom regarding their surnames, has been made by taking into account the equality article in the Constitution. Although using one's husband's surname upon marriage seems more consistent with the structure of Turkish society, using one's husband's surname should not be a requirement for women to speak of the existence of a family unit.

I hope that we will read more and more legal articles and new decisions every day that support gender equality. My fellow women should never hesitate to demand their requests from the relevant authorities; I hope that we will have free and equal rights on many more issues, just like the surname issue we discussed today.