In Turkey, what is a Case of Name Change?

In Turkey, changing one's name can be a complex process. Several legal requirements must be met, and the process can vary depending on the circumstances. In this post, we'll take a closer look at name change cases in Turkey and what you need to know.

Related: How to file a name change petition in Turkey for foreigners

Legal Requirements for Changing Your Name in Turkey

This subject is governed by Article 27 of the Turkish Civil Code No. 4721:

"Only valid reasons may be presented to the judge when requesting a name change."

In Turkey, changing your name is regulated by the Civil Code and the Population Services Law. The legal requirements for changing your name depend on your circumstances. Here are some of the most common situations:

1. Change of Name After Marriage: In Turkey, women can take their husband's surnames after marriage. This can be done by submitting a request to the Population Directorate, along with the necessary documents (marriage certificate, identification documents, etc.).
2. Change of Name After Divorce: After a divorce, a woman can change her surname back to her maiden name. This can be done by submitting a request to the Population Directorate, along with the necessary documents (divorce certificate, identification documents, etc.).
3. Change of Name for Minors: Parents can request a name change for their minor children by submitting a request to the Population Directorate, along with the necessary documents (birth certificate, identification documents, etc.).
4. Change of Name for Adults: Adults can change their names by submitting a request to the Population Directorate, along with the necessary documents (identification documents, reasons for the name change, etc.).

Reasons for Changing Your Name in Turkey

In Turkey, there are several valid reasons for changing your name. Some of the most common reasons include:

1. Religious Reasons: A person may wish to change their name to reflect their religious beliefs.
2. Cultural Reasons: A person may wish to change their name to reflect their cultural identity.
3. Gender Identity: A person may wish to change their name to reflect their gender identity.
4. Personal Reasons: A person may wish to change their name for personal reasons, such as disliking their current name or wanting to start fresh.

The Name Change Process in Turkey

The process for changing your name in Turkey can vary depending on your circumstances. In general, the process involves the following steps:

1. Prepare the Necessary Documents: You will need to gather the necessary documents, such as identification documents, marriage or divorce certificates, etc.
2. Submit Your Request: You will need to submit your request to the Population Directorate, along with the necessary documents.
3. Wait for Approval: The Population Directorate will review your request and may ask for additional information or documents.
4. Receive Your New ID: If your request is approved, you will receive a new ID card with your new name.

The procedure can differ for foreign nationals; our guide on changing your name or surname as a dual citizen explains the additional steps involved.

How to Alter Your Turkish ID Name

There are two fundamental ways to change one's name: administratively, through a direct request to the Population Directorate where the law permits, or judicially, by filing a name change lawsuit before the competent court when a court decision is required.

How to Change a Name?

Name changes are made by altering the information in the population registry through a court decision and subsequent actions by the relevant authorities. Without a court decision, it is not possible to change a name. Additionally, a request must be based on a valid reason in the filed lawsuit.

Errors caused by mistakes made by the population registrar, such as spelling errors, can be corrected without filing a lawsuit. For example, if a name is mistakenly written as "Hava" instead of "Havva" in the registry, this can be corrected by applying to the population directorate without litigation.

Name Change via e-Government Portal

As of December 24, 2022, name changes can no longer be made through the e-Government system. The current system only accepts preliminary applications for surname changes by married, widowed, or divorced women. After submitting this preliminary application, individuals must apply to the population directorate.

Name Change by Application to the Population Directorate

Name changes through applications to the population directorate apply to errors or mistakes in names, such as missing or additional letters or spelling errors. In such cases, individuals can apply to the population directorate without filing a lawsuit.

Name Change by Filing a Lawsuit

Filing a lawsuit for a name change is a legal route for those who wish to change their names. However, filing a lawsuit does not guarantee a name change. To proceed with a name change, the individual must provide valid reasons, and the court must accept the claim.

Name Change Lawsuit Process

The name change lawsuit process begins with submitting a petition to the court and paying the court fees. The lawsuit is filed against the population directorate. The petition must clearly outline and prove the reasons for the name change. A well-prepared name change petition is therefore central to the outcome.

After submitting the petition, a preliminary hearing is held. During this hearing, a date for the trial is determined, and this decision is communicated to the parties involved and their lawyers, if any.

On the trial date, the parties must be present in court. The individual requesting the name change and any witnesses are heard. If the court finds the request justified, it will issue a decision for the name change.

After the decision is communicated to the parties, it becomes final if no appeal is filed within two weeks. Following the finalization of the decision, the necessary announcements are made through the Press and Announcement Agency, and changes are made in the population registry.

Justified Reasons and Evidence in Name Change Lawsuits

For a name change request to be accepted, valid reasons must be presented and proven. Whether the presented reason is valid is at the discretion of the court. Valid reasons are not limited to a specific list. Each case is reviewed individually. Some commonly cited valid reasons in court decisions include the following.

Name Change Due to Being Known by a Different Name

A common scenario in practice is changing a name because the individual is known by a different name in their social environment. The Supreme Court has ruled that being known by a different name constitutes a valid reason. For example, someone whose official name is "Ahmet" but is socially known as "Mehmet" can request a name change.

Name Change Due to Ridiculous or Ridiculed Names

Changing a name because it is ridiculous or a subject of ridicule is possible. Names that cause individuals to be ridiculed in society are considered valid reasons. For example, names like "Tosun," "Satılmış," "Geyik," "İfik," or "Karakuş" have been deemed valid reasons for name changes in court decisions. Similarly, obscene or immoral names can also be changed.

Name Change Due to Difficulty in Pronunciation

The difficulty of pronouncing a name is considered a valid reason for a name change. If the name is difficult for the individual's social circle to pronounce, and this affects their life, the court may approve the name change.

Name Change Due to Religious or Citizenship Changes

Changing a name due to religious or citizenship changes is considered a valid reason. For instance, someone may want to adopt a name associated with their newly embraced religion or citizenship. The Supreme Court has also deemed this a valid reason. This issue often arises for those navigating a name change during a Turkish citizenship application.

Other Reasons for Name Change

The reasons for name changes are not limited to those listed above. Many other factors that affect an individual's social life, such as not embracing their current name, the name being associated with a crime or negative event, or the name damaging their professional reputation, can be valid reasons.

The court determines whether a particular reason is valid. However, presenting the reason properly in the lawsuit petition and providing evidence, such as witnesses, is crucial. Therefore, it is advisable to seek assistance from an expert family law attorney.

Parties in Name Change Lawsuits

The parties in a name change lawsuit are the individual requesting the name change and the population directorate to which the individual is registered. In this case, the plaintiff is the individual seeking the name change, and the defendant is the relevant population directorate.

Competent Court for Name Change Lawsuits

The competent court for name change lawsuits is the civil court of first instance in the area where the individual resides. Residence refers to the address recorded in the population registry, not the actual place of living. Filing a lawsuit in the wrong court may result in the case being dismissed due to lack of jurisdiction or authority.

Appeals and Higher Court Processes in Name Change Lawsuits

If a name change lawsuit is dismissed, the individual can appeal the civil court's decision within two weeks of receiving the decision. Appeals must be submitted to the court that issued the decision.

Appeals are reviewed by the Regional Court of Appeals, whose decision is final. It is not possible to appeal to the Supreme Court against the Regional Court's decision.

Finalization of the Decision and Newspaper Announcement

The name change decision becomes final after the appeals process or if no appeal is filed within two weeks of the initial court decision.

Once finalized, the decision is sent to the Press and Announcement Agency for publication in a newspaper. After publication, the court sends the decision to the population directorate for necessary changes.

Duration of Name Change Lawsuit

A name change lawsuit takes approximately six months to complete. After the decision is finalized, it takes an additional two weeks for the name change to be published and other processes to be completed.

Post-Name Change Procedures

Post-name change procedures involve updating official documents and records. These include ID cards, driver's licenses, passports, and criminal records. Additionally, changes must be made to records like military service documentation. Information in the population registry concerning the individual's spouse and children is updated by the relevant authorities based on the court decision.

The process differs in important respects for those who hold more than one nationality; for details, see our guide on changing your name or surname in Türkiye as a dual citizen. If you also wish to change your surname, our overview of name and surname change in Türkiye explains the additional steps involved.

Explore our wide range of legal services at Bayraktar Attorneys to learn more about how we can assist you.

Administrative Name Correction: NVI Circular 2017/3 and Law No. 7039

2017/3 (NVI)2017/12 (SGB)

Law No. 7039, Amending the Population Services Law and Certain Other Laws, was published in the Official Gazette on November 3, 2017, No. 30229, and entered into force.

According to the Temporary Article 8 added to Law No. 5490:

"If a person applies in writing to the population directorate of their place of residence within two years, names and surnames that are contrary to Article 3 of the Surname Law No. 2525 dated June 21, 1934, as well as names and surnames with spelling and grammatical errors or changes in meaning due to the absence of diacritical marks, can be changed without a court decision through a resolution by the provincial or district administrative boards, on a one-time basis. The decisions of the provincial and district administrative boards are final.

If the surname of a man is changed, the surnames of his wife and children under legal age at the time of application will also be adjusted. If a woman changes her surname, the surnames of her illegitimate children under legal age will also be adjusted."

This circular implements a temporary, court-free route for correcting names and surnames. For a fuller picture of the alternatives, you can also review the standard name change lawsuit in Turkey and what a case of name change involves.

The following clarifications outline the principles for evaluating requests for the correction of names and surnames by provincial and district administrative boards:

Principles the Population Directorate Applies to Name Corrections

1. Definition of Name in Private Law:A name identifies a person and distinguishes them from others. Every individual has a unique personality and identity and must have a name recorded in the family registry by law. Therefore, names and/or surnames will not be corrected ex officio without a written request from the individual.
2. Exclusions for Certain Categories:Requests from individuals who lost Turkish citizenship by obtaining a renunciation permit and are recorded in the Blue Card Registry are outside the scope of this law. Such requests will be rejected by the provincial and district administrative boards.
3. Posthumous Name Corrections:Since the right to a name is personal, requests to change the names and/or surnames of deceased persons will be rejected by the provincial and district administrative boards.
4. One-Time Change Rule:Names and/or surnames may be changed once, as per the decision of the provincial or district administrative board. These decisions are final.
5. Cases Involving Convicted Individuals:As per Article 407 of the Turkish Civil Code (Law No. 4721), "Every adult sentenced to imprisonment for one year or more will be restricted." Requests from such individuals can be evaluated by the provincial or district administrative boards if made through the public prosecutor's office and with the written consent of their guardian.
6. Requests by Detainees in Penal Institutions:Requests for name and/or surname changes submitted by detainees through the public prosecutor's office to the population directorate of the location where they are detained will be processed.
7. Requests by Persons Under Legal Guardianship:Requests from individuals restricted due to age, disability, inexperience, or severe illness will be accepted if accompanied by a finalized court decision regarding their guardianship.
8. Correction of Long-Used Names or Surnames:If a name or surname has been long used in official processes (e.g., education, military service, marriage, or divorce) and differs due to clerical errors during registration, corrections will only be made upon written request. Provincial or district administrative boards may approve corrections in such cases.
9. Spelling and Grammatical Errors:Requests concerning errors in spelling or the absence of diacritical marks that lead to changes in meaning will be reviewed based on guidance from the Turkish Language Institution (TDK) and relevant regulations.
10. Role of Administrative Boards:Administrative boards may seek opinions from provincial or district population directors on requests to correct names or surnames that conflict with applicable laws.
11. Consulting the Ministry:If administrative boards encounter uncertainties, they may request guidance from the Ministry on how to proceed.
12. Documentation of Decisions:Changes in names and/or surnames will be noted in the population registry with a statement such as:"The name and/or surname was corrected from '…' to '…' as per the decision of the provincial/district administrative board dated … and numbered … ."
13. Automatic Adjustments for Family Members:When a man changes his surname, the surnames of his spouse and children under legal age will be automatically adjusted in the system. Similarly, the first name of children will be adjusted if the parent's name is corrected. Additional decisions by administrative boards are unnecessary.

Dual citizens face additional considerations when correcting their records; our guide on changing your name or surname in Türkiye as a dual citizen explains how this interacts with foreign documents. Those who acquired citizenship by investment should review the specific name change challenges during and after acquiring Turkish citizenship.

Practical Examples

1. Change from "GÜZEL" to "TÜZEL":If a surname recorded as "GÜZEL" in the closed registry is recorded as "TÜZEL" in the open registry, and the individual prefers "TÜZEL," the administrative board may approve the change, and the correction will be reflected accordingly.
2. Correction of a Clerical Error:If a surname is recorded as "ÇEVİK" instead of "ÇELİK" due to an error and has been used for years, the administrative board may approve the continued use of "ÇEVİK," noting the decision in the population registry.
3. Correction of a Missing Letter:For names like "Memet" instead of "Mehmet," administrative boards may approve corrections upon request.
4. Addition of Missing Diacritical Marks:Names like "Ali" instead of "Alı" or "İsa" instead of "Isa" can be corrected upon request, with the decision noted in the registry.

If your situation involves a substantive change rather than a clerical correction, it helps to know how to craft an effective name change petition in Turkey. Further examples and procedures are detailed in the full directive.

Need legal support for your family matters in Turkey? Explore our Family Law services and let our experienced attorneys guide you with care and confidence.

Conclusion

Changing your name in Turkey can be a complex process, but it is possible with the right guidance and support. For a broader overview, see our detailed look at name and surname change in Türkiye. If you are considering changing your name, or need assistance with a name change case, contact our law firm for expert advice and representation. We can help you navigate the legal requirements and ensure that your rights are protected throughout the process.