Name and Surname Change: Justified Grounds, Procedure, and Supreme Court Case Law

Name and surname changes constitute a matter of law of persons under Turkish law, aimed at altering the first name or surname registered in the civil registry. The primary regulation, is Article 27 of the Turkish Civil CodeThe concept of “name” in the law is interpreted in practice to encompass the change of both the given name and the surname. A change of name or surname does not occur automatically through a mere statement of personal preference; the request must be based on a justifiable reason before the court.

This application does not constitute a contentious lawsuit in the traditional sense, where a person claims money, compensation, or performance against another party. The provision of Article 382/2-a-2 of the HMK“explicitly enumerates the change of name and surname” as a non-contentious judicial proceeding. Nevertheless, in practice, the civil registry office or the representative of the relevant civil registry office is joined as a party to the file; before ruling on the modification of the population registry, the court examines the identity of the applicant, the grounds for the request, the evidence, and whether the change serves an unlawful purpose.

Fundamental Legal Question and Burden of Proof

With respect to a change of name or surname, the fundamental question is: Is there a justifiable reason that unreasonably burdens the petitioner from continuing to live with their registered name or surname, affects their personal values, or creates concrete problems in their social life?

The burden of proof rests upon the party requesting the change. The applicant must submit the following elements to the court:

Current name or surname,
New name or surname requested to be adopted,
Concrete grounds for the request for change,
Witnesses, documents, correspondence, social environment information, or official records substantiating these grounds.

The court may deem abstract statements such as simply “I do not like the name” or “I do not like my surname” insufficient. Conversely, a person being known by another name for many years, becoming the subject of ridicule due to their name, pronunciation causing severe difficulties, identification with a traumatic past, or the constant creation of confusion in social life may constitute a justifiable reason to the extent that it is substantiated.

Applicable Legislation

Regulation	Legal Function
Turkish Civil Code Art. 27	Governs that a change of name and surname may only be requested from a judge with just cause.
Code of Civil Procedure Art. 382/2-a-2	Accepts the change of first and last name as a matter of non-contentious jurisdiction.
Code of Civil Procedure Art. 383	Stipulates that the civil courts of first instance (sulh hukuk mahkemesi) have jurisdiction in non-contentious judicial matters unless there is a contrary provision.
Code of Civil Procedure Art. 384	Grants venue to the court of the place where the petitioner or one of the interested parties resides in non-contentious judicial matters.
Civil Registry Services Law Art. 36	Governs the procedure for civil registry corrections made by court order; the effect of a name change on the mother's or father's name records of children; and the effect of a surname change on the surname of the spouse and minor children.

Attention: There is a prima facie apparent discrepancy regarding jurisdiction in the legislation. HMK Art. 382, while classifying the change of name and surname as a non-contentious judiciary matter; HMK m.383, states that the court of general jurisdiction in non-contentious judiciary matters is the peace civil court. Conversely, Civil Registry Services Law Art. 36 , points to the competent court of first instance at the place of domicile regarding “lawsuits for the correction of population registry records”. In practice, requests for the change of name and surname have been heard by courts of first instance for many years. Prior to the application, the distribution practice of the relevant courthouse and the current judicial approach must be checked.

Procedural Law Analysis

1. Competent Court

Pursuant to HMK m.384, unless there is a contrary provision in non-contentious judiciary matters, the court of the place of residence of the applicant or one of the interested parties has jurisdiction.

In determining jurisdiction, not the temporary address where the person actually stays, but the residential address in the population registration system and the intention of permanent stay are important.

2. Mediation as a Mandatory Condition of Lawsuit

There is no mandatory mediation requirement regarding the request for name and surname change. The subject matter of this application is not an employee-employer dispute, commercial claim, dispute arising from a consumer transaction, or dispute arising from a rental relationship. Therefore, it is not mandatory to apply to the mediation office prior to filing the application.

3. Statute of Limitations and Forfeiture Period

In the Turkish Civil Code No specific application statute of limitations or forfeiture period has been stipulated for requests to change a first name or surname. Such a request may be made as long as the justifiable ground persists or arises subsequently.

In contrast, Pursuant to TMK m.27, a person harmed by the decision of name change may file a lawsuit for the revocation of the change decision within one year from the date they learn of it. This one-year period is stipulated not for the person who wishes to change their first name or surname, but for the third party claiming that the change decision has harmed them.

4. Fees and Litigation Expenses

A name and surname change is not a lawsuit that can be measured in monetary terms. Therefore, as a rule, a fixed fee and expense advance apply. Since fee and expense amounts vary periodically, the current amount must be checked through the relevant courthouse cashier's office or the UYAP system as of the application date.

5. Method of Filing the Lawsuit: Partial Lawsuit or Full Lawsuit

Since this request does not involve a monetary claim, it is not in the nature of a partial lawsuit within the meaning of HMK m.109 . An application for a first name or surname change is evaluated as a constitutive request regarding civil status registry records.

The appropriate form of request is as follows: “To rule on changing the first name/surname of ‘[Current Name]’ in the civil registry to ‘[New Name]’ and registering it in the civil registry records after the decision becomes final.”

Analysis of Claims

Request	Legal Basis	Review Criterion	Statute of Limitations
Change of given name	TMK Art. 27	Existence of a justifiable reason and support by concrete evidence	There is no special time limit for the application
Addition or removal of a second given name	TMK Art. 27	Name used in the person's social circle, confusion, personal reasons	There is no special time limit for the application
Change of surname	TMK Art. 27	Being subjected to mockery, humiliation, negative connotation, social difficulty, or other justifiable reason	There is no special time limit for the application
Annotation of the court decision in the civil registry	TMK Art. 27; Civil Registry Services Law Art. 36	Finalized court decision	There is no time limit; the decision must be finalized
Correction of the surname records of the spouse and minor children	Nüfus Hizmetleri Kanunu m.36/1-b	Reflection of the surname change in the family registry records	Administrative registration following the court decision

Examples of Justified Grounds for Name Change

Each case being evaluated under its own circumstances, the following grounds may constitute just cause:

The person being known by a name different from their official registry since birth or for many years,
The continuous use of the different name in school, work, social circles, and professional life,
The name having a ridiculous, vulgar, derogatory, or distressing meaning for the person,
The pronunciation or spelling of the name constantly leading to misunderstandings,
Experiencing permanent confusion due to individuals bearing the same name within the same family or close circle,
The name being identified with a traumatic family event and negatively affecting the person's psychosocial life,
The name being incompatible with the person's cultural, religious, or personal identity, thereby creating concrete grievances.

Examples of Justified Grounds for Surname Change

Situations that constitute concrete hardship in surname changes may include the following:

The surname being a subject of ridicule in society,
Carrying derogatory or disturbing connotations,
The surname causing difficulties that require constant explanation in the person's social or professional life,
The spelling and pronunciation of the surname causing distinct and recurring confusion in identity, education, banking, healthcare, or business transactions,
The presence of other reasons affecting the person's right to personality, depending on the specific circumstances of the case.

Conversely, the new surname must not infringe upon another person's right to personality, family ties, or public order. It must also be clarified that the requested new surname does not aim to unfairly benefit from an existing person's renown, create identity confusion, or evade liability.

Supreme Court Case Law – Precedent Decisions

Court of Cassation Decisions, is binding for each specific dispute and does not produce automatic results for all applications. Nevertheless, it demonstrates the importance of evidence and the evaluation of "just cause" in name and surname changes.

Ruling	Legal Issue	Approach and Conclusion
Supreme Court 18th Civil Chamber, E. 2012/14386, K. 2013/2335, D. 25.02.2013	Being known by a different name for a long time	The request for a name change was granted on the grounds that the plaintiff has long been known in their social circle by a name different from the one in the population registry. Witness testimonies demonstrated that a just cause may be established.
Supreme Court 18th Civil Chamber, E. 2015/5694, K. 2016/347, D. 13.01.2016	Proof through witnesses, law enforcement investigation, and records	The plaintiff's statements of witnesses indicating they were known by a different name, the law enforcement investigation, and criminal record were evaluated together, and the existence of a just cause was accepted.
Supreme Court 18th Civil Chamber, E. 2010/7165, K. 2010/10789, D. 13.07.2010	The surname becoming a subject of mockery	It has been accepted that situations where the plaintiff's surname is the subject of mockery, and this is corroborated by witnesses, may constitute a justifiable ground.
Yargıtay 18. HD, E. 2013/14527, K. 2013/14064, T. 24.10.2013	Humiliating surname and concrete evidence	It has been accepted as a justifiable ground provided that the surname serves a derogatory function in a social context and the concrete evidence is sufficient.
Yargıtay 2. HD, E. 2021/9400, K. 2022/786, T. 31.01.2022	Leaving the justifiable ground unsubstantiated	It has been stated that although a surname is an inseparable element of personality, concrete facts and legally protectable reasons must be demonstrated for the acceptance of a request for change.
Yargıtay 18. HD, 2020/8563, K. 2020/10521, T. 18.09.2020	Impact on social and professional life	The creation of concrete problems in a person's social and professional life due to their first or last name has been evaluated differently from a mere abstract preference.

Table of Favorable and Unfavorable Approaches

Ruling/Approach	Conclusion Aspect	Brief Rationale	Conclusion in Terms of the Application
Yargıtay 18. HD, E. 2012/14386, K. 2013/2335	Favorable	Being known by another name for a long time and witness testimonies	The use of a different name must be proven by witnesses
Yargıtay 18. HD, E. 2015/5694, K. 2016/347	Favorable	Witness, law enforcement investigation, and records as evidence	Diversity of evidence strengthens the claim
Yargıtay 18. HD, E. 2010/7165, K. 2010/10789	Favorable	The surname becoming a subject of ridicule and its verification	The concrete impact in the social environment must be articulated
Yargıtay 18. HD, E. 2013/14527, K. 2013/14064	Favorable	Proof of a humiliating surname	The effect of the surname on the individual must be explained
Yargıtay 2. HD, E. 2021/9400, K. 2022/786	Against the Interest / To Be Distinguished	Justifiable cause and superior interest were not sufficiently proven	A request for modification may be denied based solely on abstract reasoning
Yargıtay 18. HD, E. 2020/8563, K. 2020/10521	Favorable	Concrete hardship in social and professional life	The individual's actual situation must be explained

Evidence Assessment and Matching

In name or surname change applications, evidence must be directly related to the asserted justifiable cause:

Evidence	Proven Fact	Area of Use
Certified population registry copy with historical records	Current name/surname, family ties, and population registry	Essential document for all applications
Photocopy of identity card	Identity of the applicant	Determination of the identity of the party
Witness list	The individual has been known by another name for a long time or their surname has been a subject of ridicule	Use of different first/last name, being subjected to ridicule
School, diploma, or course records	The different name has been used in educational life or has caused confusion	Use of a different name in educational life
Workplace documents, business cards, e-mail records	The different name has been used in professional life	Use of a different first/last name in professional life
Social media printouts	Corroborating data showing that the individual is known by a specific name	Indication of the names used within the social circle
Messaging records	Being addressed by a different name in the close circle and daily life	Manner of address in daily life
Official institutional correspondence	Issues of identity confusion, erroneous records, or duplicate transactions	Administrative confusion and issues
Medical or expert report	Psychological impact of using the name/surname	Traumatic background or psychosocial impact

Importance of Witness Evidence: Witnesses should be heard regarding how long they have known the applicant, the name by which the applicant is known in the community, the types of problems caused by the current first or last name, the manner in which incidents of ridicule or confusion have occurred, and whether the requested new first or last name is actively used in practice.

Potential Hesitations of the Opposing Party or the Court and Strategies

1. “No Justifiable Cause, Merely a Personal Preference”

Risk: If the applicant merely states “I do not like my first name” or “I do not care for my last name,” the court may not deem this sufficient.

Counter-Strategy: The grounds must be substantiated through past events, date ranges, usage within the social circle, impacts on educational or professional life, and witness testimonies.

2. “Failure to Prove the Use of a Different Name”

Risk: The assertion of having been known by another name for a long period may remain unsubstantiated.

Counter-Strategy: At least two witnesses must be nominated, and data concerning the workplace, education, correspondence, social media, and social environment must be submitted collectively, if any exist.

3. “The New Last Name May Create Confusion with Other Individuals”

Risk: In the event that the requested new last name is identified with a specific family, belongs to a well-known person, or gives the impression of unfair advantage, the court may conduct a stricter review.

Counter-Strategy: It must be explicitly stated that the reason for choosing the new surname is personal and reasonable, and that it does not aim to conceal identity, evade debts, mask a criminal record, or derive benefit from another person's reputation.

4. “Surname Change Affects Family Registry Records“

Risk: It may have an impact on the surname records of the spouse and minor children.

Counter-Strategy: Pursuant to Article 36/1-b of the Civil Registry Services Law, in the event of a surname change, the civil registry office is mandated to also amend the surname records of the spouse and minor children. The implications regarding family law and civil registry records must be evaluated prior to the application.

5. “The Application May Aim to Evade Legal or Criminal Liability“

Risk: Particularly in cases involving numerous enforcement proceedings, lawsuits, criminal investigations, or identity discrepancies, the court may act cautiously.

Counter-Strategy: It is clearly stipulated in Article 27 of TMK that an individual's past debts, lawsuits, criminal liabilities, or family ties do not cease to exist through a name change. The petition must clearly state that the request for modification is not based on such a purpose.

Judge's Perspective

The main points upon which the court will focus are as follows:

That the Request is Genuine and Personal: Whether the applicant genuinely wishes to change his or her first name or surname.
Concreteness of Justifiable Cause: The grounds must be based on an actual and verifiable issue rather than abstract dissatisfaction.
Sufficiency of Evidence: Witnesses, documents, correspondence, official records, and other evidence must support the narrated event.
Suitability of the New Name/Surname: There must be no violation of public order, public morality, personal rights, or the security of civil registry records.
Absence of Suspicion of Abuse: The application must not be intended to mislead third parties, evade debts, or take advantage of another person's identity.
Impact on Family Records: Particularly the civil registry consequences that a surname change will entail for a spouse and minor children.

The strongest petition that convinces the court is one that provides a clear answer to the question “why is a change requested?„ which is personal yet verifiable, containing dates and events.

Litigation Strategy: Step-by-Step Guide

1. Current Record and Requested New Name Must Be Finalized

Spelling, Turkish characters, middle name, last name format, and the current status in the population registry must be stated accurately.

2. The Justifiable Ground Must Be Explained Through a Narrative, Not a Single Sentence

For example, the statement “I have been known in my social circle by the name Ayşe for years” must be explained by stating since what date, by whom, in which settings, and what kind of confusion this creates with the official name.

3. Evidence Compatible with the Grounds Must Be Selected

Witnesses and usage documents should be prioritized for the claim of being known by a different name; witnesses and concrete events for the claim of being ridiculed; and official correspondence for the claim of administrative confusion.

4. The Selection of the New First or Last Name Should Be Considered

The new name must not give the impression of taking advantage of another person's identity or recognition.

5. The Court and Population Registry Process Must Be Handled as Separate Stages

Upon the finalization of the court decision, the decision must be entered into the population registry. Pursuant to TMK m.27 the amendment is registered in the civil registry and published on the announcement portal of the Press Advertisement Institution (Basın İlan Kurumu).

6. Subsequent Institutional Updates Must Be Planned

The need for updates may arise regarding the new identity card, passport, driver's license, bank records, SSI (SGK), workplace, diploma, title deed, vehicle registration, subscriptions, and other documents.

Frequently Asked Questions

Is there a minimum age to apply to the court for a name change?

Name and surname changes may be requested by persons who have the capacity to distinguish right from wrong (mental competence). There is no specific age limit regarding legal capacity; however, in the case of minors, the consent of the legal representative may be required.

How can I prove that I am known by a different name?

Witness statements, workplace documents, school records, social media printouts, messaging logs, official correspondence, and similar evidence are evaluated together. Providing at least two witnesses is often helpful.

How can I prove that my surname is a subject of ridicule?

Witness testimonies, concrete examples, accounts of lived experiences, and the effects in the social circle must be demonstrated. Not only the meaning of the surname, but also the types of problems the person has experienced in real life must be explained.

If my surname changes, do my spouse's and children's surnames change automatically?

No. However, Nüfus Hizmetleri Kanunu m.36/1-b pursuant to the relevant provisions, the civil registry office may encounter a request to correct the surname records of the spouse and minor children in the event of a surname change. These processes are evaluated separately.

How is the court decision entered into the civil registry?

After the decision becomes final, the applicant may apply to the civil registry office to request that the change be recorded. The decision is also published in the Press Advertisement Institution (Basın İlan Kurumu).

What can be done if the request for a name and surname change is rejected?

An appeal may be filed against the court's dismissal decision. Once the decision becomes final, a party may reapply based on changed circumstances.

How many witnesses are required for a name and surname change?

There is no specific number prescribed by law. However, presenting at least two witnesses to strengthen the claim, when supported by other evidence, can be effective in persuading the court.

If the request to change a surname is denied, can I apply again later?

Yes. If the conditions of the lawsuit have changed and new justifiable grounds have arisen, you may reapply. However, you must present grounds or evidence that were not put forward in the previous application.

How does a name and surname change reflect on my identity documents?

Once the court decision becomes final, a new identity card, passport, and other official documents can be issued with the new name and surname. The process must be initiated by applying to the civil registry office.

Conclusion

A name and surname change, pursuant to Article 27 of the Turkish Civil Code , is a right that can be requested for a justifiable reason. Conversely, abstract dissatisfaction or personal preference does not constitute grounds for this change. The court examines whether the name or surname creates a genuine problem in the person's social life, professional life, or psychosocial condition.

Success in the application depends on substantiating the justifiable reason and submitting multiple forms of qualified evidence. Presenting witness testimonies, usage documents, official records, and social environment data together is effective in persuading the court. Yargıtay jurisprudence shows that courts seeking experienced events, dates, and concrete effects, rather than mere unfounded preferences, tend to accept well-founded applications.

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