Can a Married Woman Use Her Maiden Name in Turkey?

Use of Maiden Name by Married Women in Turkey

The surname issue is an important legal matter for foreign national women who marry Turkish men in Turkey. Significant changes have occurred in this area in recent years, and women’s rights to choose their surnames have expanded. In this article, we will address all the details and necessary steps regarding foreign women’s use of surnames after marriage.

 

Current Legal Status

With the Constitutional Court decision that entered into force on January 28, 2024, women now have the right to use only their maiden names. This decision strengthens the right to freely make surname choices after marriage, contributing to gender equality.

This change applies to foreign national women as well as Turkish citizen women, and secures their right to maintain the surnames they had before marriage.

 

Surname Change After Marriage

If a foreign woman who took her spouse’s surname during marriage later wishes to use only her former surname, she must follow a special process for this situation.

Court Process

A married woman must file a lawsuit to change her surname. This process consists of the following steps:

1. Filing a Lawsuit

A woman who wishes to file a lawsuit to use her maiden name must apply to the competent and authorized court with a petition she prepares. The authorized court in this lawsuit is the family court.

2. Petition Preparation

There are important points to consider when preparing the petition. First, the mandatory information that must be included in the petition should not be missing. Additionally, it is extremely important to attach precedent Constitutional Court decisions to the petition to prevent rejection of the case.

3. Status of Foreign Spouse

For foreign national women, a lawsuit must be filed to use their maiden name. It would be better for the foreign spouse to also be represented by an attorney to ensure the procedure is brief and does not drag on.

4. Application to Civil Registry Office

With the positive decision obtained from the court, it is possible to complete the process by applying to the civil registry office again.

 

Practical Recommendations

Hearing and Representation

A married woman who prefers to use her maiden name does not need to attend the hearing. You can go to the nearest notary to issue a power of attorney. This is a great convenience especially for foreign national women.

Legal Support

It is recommended that you get help from an expert lawyer for the petition. Especially for foreign national women, it is very important to get professional support due to language barriers and unfamiliarity with the Turkish legal system.

About the Process

Completing the court process may take an average of 3-4 months. During this process, you can continue to use your current official documents.

 

For Those Married Before January 28, 2024

The Constitutional Court’s decision dated February 22, 2023, which annulled Article 187 of the Turkish Civil Code, brought important changes regarding women’s use of surnames after marriage. However, the situation is more complex for women who married before January 28, 2024, when this regulation entered into force, and who use their spouse’s surname or use both their spouse’s and their own maiden name together.

In the current situation, pursuant to Article 24 of the Civil Registration Services Implementation Regulation, for a married woman to use only her maiden name, she must first obtain a court decision on this matter.

 

Marriage Registration and International Procedures

There are some additional procedures that must be done after marriage for foreign national women:

Notification to Own Country: If a foreign woman wishes to use the Turkish surname acquired through marriage in her own country as well, she must update her surname in her own country’s records through the consulate.

Passport and ID Update: Foreign women whose surnames have been changed must apply to their own countries’ consulates to update their passports and other documents.

 

Conclusion

The issue of surnames after marriage in Turkey for foreign women has become more flexible with the legal changes in 2024. Women now have the freedom to choose their surnames according to their own cultural and personal preferences.

Choices made during marriage can be changed later, but this situation requires a court process. Therefore, it is beneficial to think carefully about this matter before marriage and, if necessary, seek legal consultation.

Important Reminder: Each case may be unique, and in international marriages, the legislation of both countries must be taken into account. Therefore, it is recommended that you consult a lawyer specialized in family law and foreigners’ law for your specific situation.

 

Legal Support

Soylu Law, our law office operating in Istanbul, has an experienced team working with foreigners. We provide services in international marriage procedures, surname change lawsuits, and foreigners’ law.

We also provide support in apostille procedures and management of international document traffic.

We aim to facilitate processes by communicating in both Turkish and foreign languages for legal issues faced by foreign national women living in Turkey.

You can contact us for professional consultation on marriage and family law matters.

 

For more assistance or consultation on this matter, you can contact us.