What is a Name Addition Lawsuit in Turkish Law?
Name Addition Lawsuit is a legal process that individuals resort to when they want to add a new name to their existing names. In the Turkish legal system, the name addition process is based on similar procedures and principles as the name change lawsuit. This article will focus on what a name addition lawsuit is, how to file it, which situations can be considered justified reasons, and what to pay attention to during the lawsuit process.
Legal Basis of Name Addition Lawsuit
Article 27 of the Turkish Civil Code states that a name addition lawsuit can be filed only based on justified reasons. According to another provision in the same article, a person who suffers damage due to the name added to their identity can file a lawsuit within one year of learning about the damage to remove the added name.
At the same time, from the provision “a maximum of 3 names can be given to a newborn child” in Article 15/5 of the Population Services Law No. 5490, it can be concluded that the number of names to be added to the identity can be at most 2.
As of 2024, the provision in Article 27 of the Turkish Civil Code that requires the announcement of name change decisions has been annulled by the Constitutional Court. This decision, which will come into effect on 16/2/2025, has been considered an important development for the protection of personal data in the name change process.
Justified Reasons
Some justified reasons that a person can present to the court in case they want to add a new name to their existing name are:
Being Known by a Different Name in Society: If a person is known by a name other than their official name in documents, this is a sufficient reason for adding a name. For example, if a person is constantly known as “Serdar” in their social life but is registered as “Fahrettin” in their identity, they can file a lawsuit to add a second name and request their name to be changed to “Fahrettin Serdar“. The plaintiff should support this request with witness statements and official documents.
Family Ties and Emotional Reasons: A person’s desire to add the name of a family elder or someone they have a spiritual connection with can be accepted by courts. However, they need to provide evidence for this request as well.
Professional or Social Reasons: Being known by another name in one’s professional life or social circle can be a valid reason for a name addition lawsuit.
Lawsuit Process
A name addition lawsuit is filed in the Civil Court of First Instance where the person’s place of residence is located. Presenting witnesses during the lawsuit will positively affect the course of the case.
The application process for the lawsuit is as follows:
- Preparation of Petition: In the petition to be prepared for the name addition lawsuit, the requested name and the reasons for this request should be clearly stated.
- Submission of Witnesses and Evidence: Witness statements and other evidence showing that the person is known by the name they want to add in society should be submitted to the court.
- Court Decision: The judge makes the necessary examinations and decides on the case. After the Constitutional Court’s annulment decision, the obligation to announce the name change decision has been eliminated.
Points to Consider
The most important points to consider in a name addition lawsuit are:
- Showing Justified Reason: The reasons to be presented to the court should be of a nature that justifies the request for name addition.
- Filing the Lawsuit in the Correct Court: The name addition lawsuit should be filed in the Civil Court of First Instance in the person’s place of residence.
- Preparation of Documents: During the lawsuit process, documents and witness statements showing by which name the person is known in society should be presented.
An Example Court of Cassation Decision Regarding Name Addition Lawsuit
The plaintiff applied to the court to add the name “Serra” to her child İrem‘s name. The court accepted the case without needing to hear witnesses, on the grounds that using the name one wants is a constitutional right. However, the Court of Cassation found this decision not in accordance with the law and overturned the decision.
In the Court of Cassation’s decision, it was emphasized that there should be a justified reason in name change or addition requests. Especially, it is important to prove with witness statements a justified reason such as the person being known by their new name in their environment. The court’s decision without considering these aspects was found to be against the law and the decision was overturned and the file was sent back.
EIGHTEENTH CIVIL CHAMBER File No: 2011/2391 Decision No: 2011/4931 Date: 12.04.2011
Conclusion
A name addition lawsuit is a process carried out within certain rules in Turkish law. It is important for the person to ensure that their request to add a name to their identity is based on justified reasons when presenting it to the court and to prepare the necessary documents completely. If the lawsuit process is successfully completed, the added name is registered in official records and updated in the person’s identity information.
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Name Addition Lawsuit in Turkish Law
