Name or Surname Change Case in Turkey
People who want to change their name or surname in Turkey can file a name change lawsuit at the Civil Courts of First Instance(Asliye Hukuk Mahkemesi) where their address is registered. If the address of the person who will request a name change is not registered in Turkey, you can still file a lawsuit if you have legal interest, we tried to explain in detail in our article.
A lawsuit is mandatory for a name or surname change
As a rule, names that are firmly attached to individuals are immutable. However, although this rule is not absolute, it is possible to change or correct the name by a court decision if the person has a justifiable reason. Persons can only change their names by filing a lawsuit before a Turkish court. The lawsuit must be filed in the court where you reside. You can file a lawsuit by giving a power of attorney to a lawyer or you can file a lawsuit yourself by filling out the petition below.
What are “necessary reason” for a Name Change Case?
If we want to change our name or surname, we need to file a lawsuit with a justifiable reason-necessary reason. If we do not have a justifiable reason to change our name or surname, the court will reject your request. You can better understand what should be understood from the concept of just cause by examining the following examples.
In Article 27 of the Turkish Civil Code, it is stated that “Changing the name can only be requested from the judge based on justifiable reasons-necessary reason.” It stipulates a justifiable reason for the name change and filing a lawsuit in court.
WHAT ARE JUSTIFIED REASONS? -necessary reason
The just cause written in the law should be interpreted broadly, many existing situations in our lives can be considered as just cause if they are properly explained and accepted as reasonable by the judge in court. There may be many situations such as personal reasons, life-threatening situations, ridiculousness of the name and surname as just cause.
Our reasons can be these;
*The person does not feel a spiritual belonging to his/her first or last name. The person may have a surname that looks foreign or is not Turkish, in which case the person may request a change by proving that he/she has experienced difficulties in social life with this surname in Turkey.
*Change of name because the name or surname is ridiculous. Names such as İmdat, Şerafettin may be considered ridiculous by some people. Especially after the characterization of “Bad Cat Şerafettin”, it can be explained in court that this name has started to lose respect in the society and a request for a name change can be made.
*Name change due to identification with a notorious name. The name you have may be identified with a notorious person and this notoriety may cause many problems in your life. Example: You have difficulty getting a visa from the United States because of your name. If you have a name similar to the names of the leaders of the groups in the Middle East with which America is at war (for example, Osama), it will be impossible to get a visa. The name can be changed by justifying this situation.
*Name change for professional or artistic reasons
*Name or surname is reminiscent of a tram
*The person is known in his/her social environment by a name other than the name written on the identity card
*Difficult to pronounce your name
*The need to change the name due to change of religion or citizenship
*Name changes for political reasons. Here, people may want to change their names because they think that the names of some well-known political figures will reflect badly on them. In recent years, the name Fethullah may remind many people in Turkey of the July 15 coup attempt. It can be said that when someone with the name Fethullah applies to the court to change their name for this reason, their request will be accepted.
Example name changes
Below are some examples of name changes, to give you an idea.
| Old name | New name |
| Filit | Ferit |
| Sezer | Sarp |
| Zabit | Oğuzhan |
| Beytullah | Yunus Emre |
| Şah Süleyman | Harun |
| Nivan Delila | Asel Nivan |
| Süleyman Sabri | Serkan |
| Saadet | Sena |
| Şerafettin | Taylan |
| Kudbettin | Kaan |
| Ali Rıza | Berk |
| Kibar | Ebru Elif |
| İmam | Ulaş |
| Kiraz | Azra |
| Tevrat | Cemre |
| Hüriyet | Betül |
| İmdat | Aras |
| Cevat | Arda |
| Zülfiye | Aslı |
| Celadet Rızgar | Celadet Kenan |
| Abdülreazzak | Ali |
| Sakine | Selin |
| Çavuş | Hüseyin |
| Cami | Cemil |
| Yeter | Hatice |
| Mücahide | Kübra |
| Kezban | Kevser |
***The research data listed in the table above was prepared by Mr. Mr. Vedat ÇOBAN, Mr. Zeynep Betül SUNKAR and Ms. Ece Beril ALTIN’s articles. The article titled “Individuals’ Opinions on the Reasons for Changing and Correcting Name-Surname”.
Name change due to being funny, ridiculous or unattractive
In order to be happy in the society we live in, it is very important that we feel comfortable in every environment and that we do not feel under any pressure. In some cases, people’s names can be a source of pressure or an obstacle for them to act comfortably. In such cases, people have the right to change their names in order to adapt to social life and to continue their lives happily without any problems.
For example, people with the names “Kibar, Kiraz, İmdat, İmam, Çavuş, Şerafettin” said that the reason they changed their names was that their names were repulsive and ridiculous meanings. 1
Similarly, another study group wanted to change the names Firit and Cami because they found them meaningless. 1
In another example, the fact that the names Imam and Sergeant are occupational names and are used in different fields has led people to change their names.1
It can be said that making fun of the name Yeter is another reason for change. 1
*1:Vedat ÇOBAN, Zeynep Betül SUNKAR and Ece Beril ALTIN-2020-Individuals’ Opinions on Reasons for Changing and Correcting Name-Surname” – page 7
Change of Name or Surname Case official Court in Turkey
The Civil Court of First Instance(Asliye Hukuk Mahkemesi) where the plaintiff’s place of residence is located is the competent and authorized court. The Population Directorate is added as an opposing party in the lawsuit and an officer from the Population Directorate represents the Population Directorate in the lawsuit.
Where to file a lawsuit if the plaintiff does not have a place of residence in Turkey?
Where can Turkish citizens living abroad file a lawsuit for name change?
In this case, if it is necessary to summarize immediately, it is first tried to be resolved according to HMK 9. According to HMK 9, if the person does not have a place of residence, then it should be checked whether he/she has a habitual residence. If the person has a habitual residence, the lawsuit is filed in the place where this residence is located. If the person does not have a habitual residence, then the relevant provisions of the Law on Civil Procedure shall be applied. According to Article 41 of the Law on Civil Procedure(MÖHUK 41);
“The lawsuits of Turkish citizens relating to their personal status shall be filed in the competent court in Turkey if they are not filed or cannot be filed in the courts of foreign countries, or in the absence thereof, in the court where the person concerned resides, or if he is not residing in Turkey, in the court of his last place of residence in Turkey, or in the absence thereof, in one of the courts of Ankara, Istanbul or Izmir”.
What is the habitual residence?
What is meant by habitual residence can be considered as the place where the person’s life relations continue, where the person actually lives or wants to live when he/she comes to Turkey.
If we briefly answer the question above, if the person does not have a residence record in Turkey, if the person lives in a foreign country, in such cases, the lawsuit will be filed in the place where the person’s habitual residence is. If the person does not have a habitual residence, then the lawsuit can be filed in Izmir, Istanbul or Ankara.
How to File a Lawsuit for Change of Name and Surname?
The name change case can be opened by giving a special power of attorney to the lawyer for the name change case, or the person can open the name change case by going to the courthouse and giving the name change petition at the courthouse.
Sample petition for name change case;
What should the power of attorney for a name change case look like?
A special power of attorney is required for a name change case. In the power of attorney, it is necessary to give authorization in the form of “I authorize you to change your surname …. to …. …”. In the power of attorney, it should also be mentioned that the power of attorney is given to the lawyer specifically for the name change. In practice, courts do not always pay attention to the special power of attorney. In addition, the power of attorney does not require a photograph as in divorce cases.
Can I give power of attorney to a lawyer from abroad?
Yes, if you live abroad, you can give power of attorney to a lawyer by making an appointment at the consulate where you live. The process of giving power of attorney outside Turkey can be done by the Turkish consulates abroad. You can manage the litigation process remotely by digitally scanning the power of attorney you receive from Turkish consulates and sending it to your lawyer.
How Long Does a Name Change Case Take?
Name change cases usually end in a single hearing. In some cases, it has also been experienced that the name change case has been extended to the 2nd hearing. Generally, the courts do not extend the case in the preliminary examination hearing and finalize the case in the first hearing by announcing the final decision. Depending on the intensity of the courts, the case is finalized between 2 months – 4 months.
Name Change Sample Court Decision
After the favorable outcome of the name change case, the court automatically writes to the relevant Civil Registry Office to correct the civil registration and your name is automatically changed.
Can foreign names and surnames be used?
Can individuals adopt foreign first and last names? How does changing a foreign name work?
Pursuant to Article 3 of Law No. 1353 on the Acceptance and Application of Turkish Letters, individuals may choose foreign names. They may change their existing names to foreign names. However, as mentioned above, there must be a valid reason for the person to change their name.
According to Law No. 1353 on the Acceptance and Application of Turkish Letters, individuals must use letters from the Turkish alphabet. Individuals cannot use letters such as x, w, and q from foreign alphabets. For example, in accordance with Supreme Court decisions, names such as Meys, Jasmin, and Benjamin have been deemed acceptable for inclusion in Turkish identity documents.
Supreme Court decision;
“…… in the specific case, based on the testimony of the witness who stated that the plaintiff’s name was Joseph, it was decided to accept the case regarding the name change ……” Supreme Court 18th Civil Chamber K2010/3389 E2010/6787
Lawyer Cihat BALTAŞ
Lawyer Cihat BALTAŞ graduated from Police College in 2006, Police Academy in 2010, Yalova Law Faculty in 2016 with a degree and has worked and specialised in foreign law throughout his professional life. Cihat BALTAŞ, who is currently working as a lawyer in Kadıköy, Istanbul, is the founder of BaltaşGlobal law and consultancy office.