Abstract:

In order to ensure the unity in the family, Turkish Civil Code provides that the surname of the husband is determined as the common surname. Accordingly, both the married woman and the child who was born in wedlock shall bear the surname of the husband/ father. If a child is born out of wedlock, the child shall bear mother’s surname. However, the child shall bear father’s surname if paternity is linked with the father. These provisions are highly controversial. They have been subject to various decisions of first instance courts, Court of Cassation, and even the Constitutional Court. Undoubtedly, the debate on the surname of child can only be solved by amendment of the related provisions of the Turkish Civil Code. Therefore, this paper aims to shed light to a possible amendment.

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