Surname Change Case

Surname Change Case | Izmir Law Firm

Conditions for filing a lawsuit: 

A fundamental requirement for a surname change is the presentation of a justifiable reason. The law does not enumerate justifiable reasons; these are largely determined by Supreme Court rulings. Therefore, a surname can be changed for any reason deemed justifiable by the court. If a justifiable reason exists, the conditions for changing a surname are fulfilled.

Commonly encountered justifiable reasons in practice include:

• It is against the surname law.
• It's ridiculous
• It is contrary to public morality
• Contradicting one's religious values
• It has a meaning that will negatively affect a person's social and professional life.
• To remind one of a bad memory, event, or person.
• The person being known by another surname by those around them.
• The desire to change one's surname due to family problems with the father or mother.

Changing Surname Without Filing a Lawsuit 

Surname changes can generally be achieved through a court case. However, Article 8 of the Additional Provisional Clause of the Population Services Law provides an exception to this rule. According to this article, surnames that violate Article 3 of the Surname Law, or surnames whose meaning has changed due to simple spelling errors or the omission of diacritical marks, can be changed at the population registry office without filing a lawsuit. However, this practice is valid for a limited time. Until December 24, 2022, surnames falling under this scope can be changed at the population registry office without filing a surname change lawsuit.

Surname Law No. 2525 Article 3: “Ranks and offices, tribal and foreign race and national names that are not in accordance with public morals or "Surnames that are offensive or ridiculous cannot be used."”

Under the new regulation, those whose surnames violate Article 3 of the Surname Law will be able to change them at the population registry office for a specified period. 

Legal Process:

The lawsuit is generally filed against the population registry office. However, in surname change cases, the lawsuit is frequently filed against the wrong person. This increases both the cost of the lawsuit and the time wasted. To avoid such a result, it is advisable to file a surname change lawsuit through a lawyer. 

In surname change cases, once the court accepts the request and the decision becomes final, it is sent to the Press Advertisement Agency for publication.

The Press Advertisement Agency sends the newspaper in which the advertisement was published to the court. The court then notifies the population registry of the final decision. Once this process is complete, the person whose surname has been changed can go to the population registry and obtain their identity card bearing their new surname.

How long does a surname change case take? 

The time it takes to change a surname can vary depending on the workload of the courts. On average, the first hearing takes between two and four months. Generally, a decision is made in a single hearing. For a decision to be made in a single hearing, all procedural steps must be correctly completed, and the police warrant must also be followed up.

Objection to Surname Change: 

Changing one's surname may harm another person. Individuals whose interests are harmed or who suffer damage as a result of the surname change decision may appeal the decision. The appeal must be filed within one year of the decision being made. After this period, it is not possible to appeal.

For legal advice on this matter, please contact our expert team. Contact page.

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