The Constitutional Court has decided to invalidate Article 187 of the Turkish Civil Code, titled "Woman's Surname," through the regulation published in the Official Gazette on April 28, 2023. The reason for the annulment was stated as "the different treatment towards women and men lacks an objective and reasonable basis, thereby violating the principle of equality."

The annulment of the article will take effect on January 28, 2024. Consequently, in practice, a woman's right to use her own surname without resorting to legal action will be granted even before initiating a lawsuit.

The invalidated article read as follows:

Article 187 Woman's Surname - A woman takes her husband's surname upon marriage; however, she can also use her previous surname before her husband's surname by submitting a written application to the marriage officer or later to the civil registry. A woman who previously used two surnames can only benefit from this right for one surname.
Meriç PALDIMOĞLU — Attorney at Law | Founder
Article Author

Meriç PALDIMOĞLU

Attorney at Law | Founder | Istanbul Bar Association

Meriç Paldımoğlu is a licensed lawyer in Turkey and the founder of Paldımoğlu Law Firm, an Istanbul-based law firm advising foreign investors, companies, and private clients on Turkish legal matters. His practice focuses on investment law, including business set up in Turkey, corporate advisory, regulatory compliance, Turkish Citizenship by Investment, real estate disputes, commercial conflicts, debt recovery, and investment-related litigation. Registered with the Istanbul Bar Association, he provides strategic and business-oriented legal guidance to clients seeking to establish, operate, and protect their businesses and investments in Turkey. He has also been recognized with Mondaq Thought Leadership Awards in 2024, 2025, and 2026 for his legal publications and insights on Turkish law.

Comment