Surname Usage after Marriage in Turkey: Bachelor Surname Case

The use of surnames by foreign women married in Turkey after marriage can sometimes lead to complicated legal situations. According to the Turkish Civil Code, a married woman takes the surname of her husband. However, in recent years, the decisions of the Constitutional Court and the Court of Cassation have opened an important door, especially in terms of women's right to use their maiden name alone.

Unlike Turkish citizen women, for foreign spouses this right can often be obtained through litigation rather than through an administrative application. This is an important stage in the struggle to protect the personal identities of foreigners and foreign investors living in Turkey.

Legal Justification and Process

The request of a foreign national woman married in Turkey to use only her maiden name after marriage is evaluated within the framework of the principles of equality and protection of personal identity recognized by the Turkish Civil Code and international conventions. The legal basis for this demand is the principle of equality enshrined in the Turkish Constitution and international texts such as the European Convention on Human Rights.

The Constitutional Court, in its decisions emphasizing equality between the sexes, has ruled that it is unconstitutional for a married woman to be subjected to restrictions on the use of her surname that are not granted to a man. This case law, together with the decisions of the Court of Cassation, sets an important precedent for women seeking rights by filing a maiden name lawsuit.

Foreign spouses who wish to exercise this right must file a ""sole use of the maiden name"" case before the family court. The court may examine the legality of the request and, as a result of the decision, may allow the spouse to use only his/her own surname. The court evaluates the request for change of surname in light of the evidence in the file and the relevant legislation.

Important Points to Consider

While this process has a strong legal basis, it must be carried out with care. The following points are critical for the use of the surname after marriage:

• Filing the lawsuit and following the process before the family court.
• Accurate and complete preparation of the necessary documents (marriage certificate, passport, birth certificate, etc.).
• Proper management of the notification processes and meticulous follow-up of procedural procedures.
• Evaluating the surname legislation in the foreign spouse's home country, the validity of the marriage contract and the rules of international private law.
• Proper case building and regular follow-up.

The bachelor surname case is an important step taken by women to protect their identity and personal achievements upon marriage. This text is intended to provide general information on the right to a surname for foreign women. Each legal situation is subject to its own specific circumstances; the process may vary depending on the country of the applicant, the place of the marriage contract and other special circumstances. In order to avoid any loss of rights and to manage the process correctly, it is of utmost importance to seek professional support from a specialized lawyer.