Changing the Common Child’s Surname to the Mother’s Surname_1-5
T.C.
SUPREME COURT
2nd Civil Chamber
Case No: 2018/1306Changing the Common Child’s Surname to the Mother’s Surname_1-5
T.C.
SUPREME COURT
2nd Civil Chamber
Case No: 2018/1306
Decision No: 2018/4719
Changing the Common Child’s Surname to the Mother’s Surname_1-5
T.C.
SUPREME COURT
2nd Civil Chamber
Case No: 2018/1306
Decision No: 2018/4719
Decision Date: 09.04.2018
CHANGING THE COMMON CHILD’S SURNAME TO THE MOTHER’S SURNAME
CHILD’S SURNAME WITHIN THE SCOPE OF THE REQUEST – GUARDIANSHIP RIGHT
INCLUDING THE RIGHT TO DETERMINE – THE CHANGE INCLUDES THE CHILD’S
THAT IT IS NOT CONTRARY TO THE SUPERIOR BENEFIT – ACCORDING TO THE ACCEPTANCE OF THE CASE
– THE VERDICT WAS OVERTURNED
SUMMARY: The case is exclusively for the plaintiff mother, who has the right of custody, to change the surname of the common child to her own surname. The right of custody of the mother to change the child’s surname to her own surname relates to the use of powers under the right of custody, including the right to determine the child’s surname under the right of custody, the right to determine the child’s surname under the right of custody, the right of the man in the same legal position to determine the child’s surname recognized under the right of custody to the woman will be treated differently based on gender in terms of using the right of custody, the surname of the family carried by the child born in a marital union, considering that there is no legal regulation preventing the mother, who has been entrusted with the right of custody upon the termination of the marriage union, from changing her surname, in the concrete case, the change in question does not contradict the superior benefit of the child, and the child’s personal situation will not change by changing her surname, it is necessary to decide on the acceptance of the case, taking into account the decisions of the Constitutional Court against the violation of rights given in similar cases.
(2709 P.272709 P. K. m. 10, 209 P. K. m. 10, 20, 41) (4721 S. K.09 P. K. 9 P. K. m. 10, 20, 41) (4721 S. K. m. 27, 282, 29(209 P. K.. 2709 P. K. m. 10, 20, 41) (2709 P. K. m. 10, 20, 41) (4721 S. K. m. 27, 282, 292, 321, 335, 336) (2525 S. K. m. 4) (6216 S. K. m. 50) (ANY. MAH. 08.12.2011 T. 2010/119 E. 2011/165 K.) (ANY. MAH. 25.06.2015 D. 2013/3434 E.) (ANY. MAH. 11.11.2015 T. 2013/9880 E.)
Lawsuit: At the end of the trial between the parties, the judgment given by the Civil Department of the District Court of Justice, the date and number shown above, was appealed by the plaintiff, the document was read and discussed and considered Decently:
Decision: Plaintiff B. stated in his petition dated 12.05.2016 to the police station that; defendant Y.on: Plaintiff B. stated in his petition dated 12.05.2016 to the police station that; defendant They divorced with a final decision on 27.02.2015 with the name of Incel, and their common child is A., born on 17.03.2011. E.E.claiming that he was given custody of the joint child starting school, he had problems with daily transactions due to the difference between the surname “Insel” and the surname “Karakol”, which was his surname before marriage, he had to submit a divorce declaration with a population registration sample to document that he was the mother in child-related transactions, the defendant father was uninterested in the joint child, had not met with the child for a long time and did not pay child support, the child was also annoyed that the mother and child’s surnames were different, and he wanted to carry the same surname as the mother, the partner requested and sued to change the surname of the child to “Karakol”, the surname of the plaintiff mother, the court of first instance, with the decision dated 18.07.2017; “TMK No. 4721.nun 321he partner requested and sued to change the surname of the child to “Karakol”, the surname of the plaintiff mother, the court of first instance, with the decision dated 18.07.2017; “TMK No. 4721.nun 321. according to article A, born on 17.03.2011, if the parents are married, the child will bear the family surname, the “family” stathe partner requested and sued to change the surname of the child to “Karakol”, the surname of the plaintiff mother, the court of first instance, with the decision dated 18.07.2017; “TMK No. 4721.nun 321. according to article A, born on 17.03.2011, if the parents are married, the child will bear the family surname, the “family” statement implies the father, in order to give the child a surname, it will be necessary to check whether the mother and father are married on the date of birth of that child, the surname needs to be changed. E. I.I.The birth date of the child is the date when the parents were married, and the child born within the marriage union is subject to the TMK. Article 3I.The birth date of the child is the date when the parents were married, and the child born within the marriage union is subject to the TMK. Article 321According to the article, the child takes the father’s surname, and once the child’s surname is determined in this way, changing his surname based on the right of custody is not possible in the face of .The birth date of the child is the date when the parents were married, and the child born within the marriage union is subject to the TMK. Article 321According to the article, the child takes the father’s surname, and once the child’s surname is determined in this way, changing his surname based on the right of custody is not possible in the face of the regulation in Article 321 of the Turkish Civil Code. The child’s surname can only be changed after he becomes an adult in accordance with Article 27 of the Turkish Civil Code. in case of the existence of the conditions in the article, by himself or by the father’s TMK.nun 27. The case was dismissed on the grounds that “it is possible if the child changes his/her surname to his/her own surname by proving the conditions in Article …, and unless these two situations occur, the child must carry the father’s surname…” and the decision was appealed by the mother to the 2nd Chamber of the İzmir Regional Court of Justice.ase was dismissed on the grounds that “it is possible if the child changes his/her surname to his/her own surname by proving the conditions in Article …, and unless these two situations occur, the child must carry the father’s surname…” and the decision was appealed by the mother to the 2nd Chamber of the İzmir Regional Court of Justice. The Civil Chamber rejected the plaintiff’s appeal on the merits with its decision dated 14.11.2017 on the grounds that “…the child born within the marriage union takes the father’s surname in accordance with Article 321 of the Turkish Civil Code.” The decision was appealed by the plaintiff mother.
The case is exclusively aimed at replacing the surname of the common child of the plaintiff mother, who has the right of custody, with her own surname.
From the trial and evidence collected; joint child A.roFrom the trial and evidence collected; joint child A. E.the parties were born on 17.03.2011 before the date of marriage, the defendant was recognized by the father on 18.03.2011, the genealogical connection with the father was established, the parties got married on 22.08.2011 and divorced with the final decision on 27.02.2015, tFrom the trial and evidence collected; joint child A. E.the parties were born on 17.03.2011 before the date of marriage, the defendant was recognized by the father on 18.03.2011, the genealogical connection with the father was established, the parties got married on 22.08.2011 and divorced with the final decision on 27.02.2015, the common child together with the divorce decision is A. E.it is understood that the custody of the plaintiff has been left to the plaintiff mother, and the plaintiff mother still has custody rights and responsibilities.
The paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or a court decision. Paternity is also established through adoption (TMK art. 282) paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or a court decision. Paternity is also established through adhe paternity between the child and the mother is established by birth. The paternity between the child and the father is established by marriage with the mother, recognition or a court decision. Paternity is also established through adoption (TMK art. 282). A child born out of wedlock automatically becomes subject to the provisions regarding children born in wedlock if the parents marry each other (TMK art. 292). If the child, mother and father are married, the child takes the family name. However, if the mother bears a double surname due to her previous marriage, the child takes her celibate surname ta ir (TMK m. 321).
Changing the name can only be requested from the court on the basis of just reasons. The change of name is recorded in the population registry and announced. Changing the name does not change the personal status name can only be requested from the court on the basis of just reasons. The change of name is recorded in the population registry and announced. Changhanging the name can only be requested from the court on the basis of just reasons. The change of name is recorded in the population registry and announced. Changing the name does not change the personal status. Any person who is harmed by the change of name may file a lawsuit to have the change decision revoked within one year from the day he learns about it (TMK art.27). The surname is one of the most important elements in determining the identity as an individual and an indispensable, inalienable, which becomes an integral element of the marrow of the individual in essence, and is a right of the marrow, which is strictly connected to the UTI.
Guardianship is the name given to the set of rights and obligations that the mother or father has regarding the person’s existence, property and representation of their minor children or restricted adult children (AKINTÜRK, Turgut: Turkish CivilGuardianship is the name given to the set of rights and obligations that the mother or father has regarding the person’s existence, property and representation of their minor children or restricted adult children (AKINTÜRK, Turgut: Turkish Civil Code Vol.2, Family Law, Istanbul 2002, p. 400). Guardianship imposes responsibility on the parent for making mandatory decisions about the child until he/she becomes an adult and makes them competent. In this respect, in modern law, custody is considered as a sum of rights and obligations, as it is a right as well as a power and responsibility in terms of ensuring the best interests of the child.is respect, in modern law, custody is considered as a sum of rights and obligations, as it is a right as well as a power and responsibility in terms of ensuring the best interests of the chn this respect, in modern law, custody is considered as a sum of rights and obligations, as it is a right as well as a power and responsibility in terms of ensuring the best interests of the child. The ultimate purpose of guardianship is to prepare the minor, who has not yet reached adulthood, for future life as an adult (AKYÜZ, Emine Child Law Protection of Children’s Rights, 2012 p.220). Article 335 of Law No. 4721 regarding the right of custody. in the article, the joint use of the right of custody and the powers within this scope during the marital relationship is indicated by stating that the child who is not an adult is under the custody of his parents, custody cannot be taken from the parents unless there is a legal reason; 336. in the article, it was stipulated that the parents will use custody together as long as the marriage continues, the judge can give custody to one of the spouses if the joint life is terminated or separated, custody belongs to the survivor if one of the parents dies, and the child belongs to the party left to him in divorce, and the principle of equality of spouses was tried to be reflected at the point of using the right to custody and the powers it contains.
4 Of the Law on Surname dated 21.6.1934 and numbered 2525, which regulates the determination of the surname of the child who is within the scope of the powers within the scope of the right of custody in cases of dissolution of marriage or divorce. The regulation in the second paragraph of Article 25, which states “In cases of annulment of marriage or divorce, even if the child is handed over to the mother, he/she takes the name chosen or to be chosen by the father.” was decided by the Constitutional Court on 8.12.2011, E.latiThe regulation in the second paragraph of Article 25, which states “In cases of annulment of marriage or divorce, even if the child is handed over to the mother, he/she takes the name chosen or to be chosen by the father.” was decided by the Constitutional Court on 8.12.2011, E.2010/119, K.It was annulled by decision number 2011/165 and the reason for the annulment decision included a reference to the provisions of international conventions that emphasize the need for men and women to have equal rights and responsibilities during marriage and upon the termination of marriage, and that the spouses 10 of the Constitution of the contested rule, stating that they are in the same legal position in terms of the rights and obligations they have during the continuation of marriage and divorce, that the lack of the right to choose the surname of the child recognized by the man within the scope of the right of custody to a woman will lead to discrimination by gender in terms of the exercise of the right of custody.0 of the Constitution of the contested rule, stating that they are in the same legal position in terms of the rights and ob
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