Married women to be able to use maiden name

ISTANBUL

The Constitutional Court has annulled a decree in the Civil Code that a woman should take her husband’s surname after marriage on the grounds that it is contrary to the principle of equality.

With this decision, which will enter into force after nine months, women will not need to file a lawsuit in order to use only their celibate surnames after marriage.

Istanbul’s eighth Family Court applied to the Constitutional Court for the annulment of the regulation stating, ‘A woman takes her husband’s surname upon marriage; however, she may use her previous surname in front of her husband’s surname with a written application to the marriage officer or later to the civil registry office,’ on the grounds that while it is possible for a man to use the surname he acquired at birth throughout his life, denying the same right to a woman is incompatible with the principle of equality.

After evaluating the application, the Court annulled the provision in Article 187 of the Civil Code.

Previously, the rule stipulated that a woman can use her surname before marriage only in front of her husband’s surname after marriage, whereas a man can use his surname before marriage alone after marriage, thus different treatment on the basis of gender between spouses who are in a comparably similar situation.

It was also pointed out that there is a public interest in preventing confusion in the civil registry records and determining the lineage in a healthy way, but that individuals have identification numbers and civil registry services are provided by utilizing information technologies.

The decision was also published in the Official Gazette.