Lawsuits of Gens Changing in the Matter of Turkish Civil Code


The Conditions

Lawsuits for changing the surname depend only on finding a just cause. According to the regulation of Article 27 of the Turkish Civil Code, a person can change their surname only by filing a lawsuit.

However, according to the 3rd article of the Surname Law, the statement that ‘surnames that are not  in accordance with the common manners, surnames that are not in accordance with rank and civil services, tribal and foreign races and nations, surnames which are disgusting and ridiculous can not be used’ is codified, and surnames that are contrary to this provision of the law can be changed by applyling to the civil registration offices. It may be changed by the civil registry office, so there is no need to apply to the court.

Surnames that can be changed by the application are only surnames that are in contradiction with Article 3 of the Surname Law.

The authority to apply to change the surname is the civil court of first instance located in the place of residence of the person who will file the case. It should not be forgotten that there are fees to be paid to the cashier, along with the petition.

The existence of a just cause is sufficient for the case to be filed for a change of surname, and if a just cause is found, the lawsuit can always be filed.

Reasons for Changing the Surname

Reasons such as a change of religion, the surname being ridiculous, contrary to morality and etiquette, the person not feeling a spiritual connection due to not having a personal relationship with his father, the person being known by another surname, the child whose custody was given to the mother can take the surname of the mother are some of the reasons that can be justified in order to file an action to change the surname. It is up to the judge to decide whether there is a just cause in the incident.

Special Case Regarding Making a Gens Change By Application to Population Directorates

The process of correcting the surname by applying to the civil registration offices is limited to a two-year period. In this context, it will not be possible to change the surname with an application after two years from 03.11.2017, which is the effective period of Law No. 7036.

As a law firm in Antalya, we provide services to foreign clients. We refer to the article “LAWSUITS OF GENS CHANGING IN THE MATTER OF TURKISH CIVIL CODE,” which offers comprehensive insights into the conditions and procedures for changing surnames under the Turkish Civil Code. The article covers reasons for surname changes, the application process, and relevant legal regulations in detail. Feel free to contact us for legal assistance in Antalya, where we offer support for your needs.

Our law firm in Antalya is here to assist you with your legal needs, including the process of changing surnames. Contact us, and let us help you navigate the surname change process under the Turkish Civil Code.