Özet:

According to Article 321 of the Turkish Civil Code, “The child, the mother and the father are married, and the family’s surname is carried.” The name of the child born within the marriage union is clearly arranged to be the family name, that is, the father's name. However, having been born within a marriage union, a clear arrangement on what the child's surname will be after the end of this union is not included in the Turkish Civil Law. With the decisions made by both the local courts and the court on the matter, this gap has been tried to be filled through commentary and even if the marriage union ends with divorce, the child's surname cannot be changed but the father's surname may be changed or the child has become adult after the Turkish Civil Law 27. It is said that if the case is opened and his surname is changed, it may be possible. The Constitution amendment made on 07.05.2010 and the opening of the individual application path has recognized the possibility for citizens to make the re-examination of the judgments given in their rights by applying to the Constitutional Court before appealing to the European Court of Human Rights. In some of the applications presented by the Constitutional Court, the court ruled that, in contrast to the judgment on the issue that the child born in the marriage union after the end of the marriage union, the child's surname cannot be changed, the court ruled that the claim to change the surname of the child is related to the right of custody and the use of the powers within this scope, and that if the mother's surname is given to the mother, the child's surname can be changed by the mother's request.