CHANGING THE SURNAME OF THE CHILD WHOSE CUSTODY IS WITH THE MOTHER

The child born in a marital union, as a rule, is given the father’s surname. However, in case of separation of spouses, there may be various differences of opinion regarding the surname of the child. Even if the spouses leave, the child born in a marital union takes his father’s surname and continues to do so after the divorce. But in a number of cases where the child has a superior benefit, he can take the mother’s surname of celibacy. There are no other legal regulations on this issue. So, if the mother marries later, the surname of her new husband cannot be given to the child. You can review the sample Supreme Court Decision.

 

2. Civil Department

2020/565 Base

 

2020/4810 Decision

 

“text of jurisprudence”

COURT :Family Court
TYPE OF CASE : Changing the Surname of the Child Whose Custody Is with the Mother

At the end of the decency of the case between the parties, the decision given by the local court, the date and number shown above, was appealed by the respondent institution, the document was read and discussed and considered as necessary:
The female plaintiff in the petition; the common Father of the family court with the defendant’s children’s hope Sivas 2005/1022 based on Decision No. 2005/991 ref divorced with common custody child of hope that was given to him, and her second marriage Yerlikaya, named Celestial, common have different last names with their own child and, therefore, asserting that problems occurred by children’s hope common “Yildizhan the” surname “Yerlikaya” be changed to your request and has been the case. As a result of the trial conducted by the court and the evidence collected; the plaintiff has a second marriage, he also has a child from his second marriage, Göksel Yerlikaya also has a son from his first marriage, everyone in the family except the plaintiff’s son Umut has a surname of “Yerlikaya”, which negatively affects the child, TMKmd. 27 and 20 of the Constitution. pursuant to Article custody given to the mother in case of just cause to accept the child’s last name can be modified, so is the case with the acceptance of hope’s “Yildizhan the” surname “Yerlikaya” it was decided that the institution should be changed to the decision was appealed by the defendant. The dispute between the parties is at the point of dec it is possible to change the surname of the child born in the marital union that he / she has acquired by birth in marriage with the surname that the plaintiff mother has acquired due to her second marriage. It is understood that a child born in a marriage union in the Turkish Legal System can take his father’s surname or, depending on the case law, if the mother’s bachelor surname given to him as a result of a divorce is of superior benefit to the child, and there is no other legal regulation in this regard. In the face of this situation, it is necessary to reject the case, while it is wrong to interpret the provisions of the law, and the decision to accept the case is contrary to the procedure and law and required to be overturned.
CONCLUSION: It was unanimously decided that the appealed decision would be VIOLATED for the reason shown above, that the appeal advance fee would be returned to the depositor upon request, and that the way to correct the decision would be open within 15 days of the notification of this decision. 15.10.2020 (Thursday)