RECENT DEVELOPMENTS IN TURKISH LAW REGARDING THE SURNAME OF A MARRIED WOMAN

Abstract

According to Article 187 of the Turkish Civil Code, a married woman must change her surname upon marriage. The article only provides a married woman with the right to bear her own surname before the surname of her husband. This rule is not only in conflict with the Turkish Constitution but also with the international agreements to which Turkey became a party. The Turkish courts have changed their application of Article 187 in the last years. Practically, Article 187 is considered void by the courts but there is no amendment to the article so far. Even though the courts do not apply Article 187, administrative authorities adhere to it. Therefore, a woman who does not wish to bear a family name is forced to file a lawsuit to use this right. Unless Article 187 is amended, the problem cannot be fully solved. There are some amendment proposals but none of them are satisfying.