Constitutional Court Cancels the Provision on Women Taking Their Husband’s Surname After Marriage

The Constitutional Court’s decision dated 22.02.2023 and numbered 2022/155 E. 2023/38 K. (Decision) is published in the Official Gazette dated 28.04.2023 and numbered 32174. With the decision, Article 187 of the Turkish Civil Code regarding the surname of women is cancelled.

• In the Decision, it was pointed out that there is a public interest in preventing confusion in civil registry records and establishing a proper lineage. However, considering the existence of identity numbers and the use of information technologies in civil registry services, it was stated that women taking their husband’s surname is not the only way to ensure this public interest.
• It was also noted that the woman taking her husband’s surname is not the only way to make it possible for the family to have a common surname. The Decision stated that as an alternative to the woman taking her husband’s surname after marriage, (i) the spouses may be given the opportunity to designate the surname of one of them or another name as their common surname (ii) or it may be foreseen that the common surname may consist of a combination of the surnames of the spouses before marriage.
• As a result, the Constitutional Court cancelled the relevant provision, finding it contrary to the principle of equality for men and women to be treated differently with regard to the use of the surname after marriage.
• The cancellation decision will enter into force nine months after the publication of the Decision in the Official Gazette.

You may access the full Turkish text of the Decision here.