Those who wish to change their first name or surname without going to court must complete certain procedures. A person’s name and surname are the primary identifiers used to introduce themselves to others and to be recognized by their social circle. Everyone wants to own and declare their name and surname with pride and happiness, but not everyone can do so.
Sometimes parents choose a name for their child without sufficient thought or knowledge about its implications. People who cannot embrace their name may receive negative feedback from others, which can affect them psychologically.
Being mocked because a name is perceived as laughable can deeply harm a person’s mental well-being. Names are so important that many performers adopt stage names when they believe their original name will not bring them recognition.
A name forms the initial impression a person makes on the outside world. For this reason, those who wish to change their name for valid reasons can acquire a new name through a legal name change lawsuit if the required legal conditions are met.
What Are Valid Reasons to Change a Name?
There is no exhaustive legal list of valid reasons for changing a name. Courts and higher court decisions provide guidance. Based on case law, common valid reasons for requesting a name change include:
- The person has a name that is ridiculed or considered laughable by society,
- The name conflicts with prevailing social norms or public morality,
- The name is very difficult to pronounce,
- The name belongs to a person widely known as a criminal,
- The name is associated with a notorious event known by the public.
These examples are not exhaustive; they are derived from court rulings and illustrate situations that have been accepted as valid reasons. A person may present many different justifications for a name change.
Even a personal discomfort with one’s name can form the basis of a name change case. Alternatively, a person may request adding a second given name instead of replacing the original, or someone with two given names may choose to keep only one and remove the other.
What Are the Conditions for Changing a Surname?
A surname change petition filed without a valid reason will generally be dismissed by the court. Therefore, a person must demonstrate a legitimate reason acceptable to the court to change their surname. Possible valid reasons include:
- The person has converted to another religion and the surname contradicts their new faith,
- The surname harms the person’s professional life because it is inconsistent with their occupation,
- The surname evokes negative associations,
- The surname is likely to be ridiculed by the public,
- The surname is widely considered laughable,
- The surname conflicts with established cultural values and societal norms,
- The person has no personal or emotional relationship with the father from whom they received the surname.
As with given names, the list of valid reasons for changing a surname is not limited to these examples. If a valid reason exists, a person can file a lawsuit requesting a surname change.
Changing a Name Without a Court Decision
Many people prefer to avoid the court process and look for ways to change their name without litigation. Changing a name without going to court is possible under certain conditions. For this, the temporary Article 11 added to the Population Services Law must be examined. That provision was valid until 24.12.2022 and allowed non-judicial changes in limited circumstances. Under that temporary provision, limited name and surname changes were permitted for reasons such as:
- The person has a name or surname that conflicts with public morals,
- There is a spelling error in the person’s registered name,
- The person’s name is considered laughable by others,
- The surname is identical to titles, official ranks, tribes, foreign national or racial names.
If one or more of these conditions exists, a non-judicial name change could be requested by applying to the population registry office responsible for the applicant’s residence and requesting a correction. Changes for reasons not listed in the provision were not eligible for non-judicial name changes.
Changing a Name via E-Government
Married women or women divorced from their spouse who wish to change their surname via the e-government portal can make the following requests:
- The woman may choose to use her premarital surname together with her husband’s surname,
- The woman may choose to use only her husband’s surname,
- The woman may choose to use only her premarital surname as her official surname.
Changing a Child’s Name
Parents frequently wonder about changing a child’s name. A parent who has custody can initiate a name change lawsuit to give the child a different name.
When parents are married, custody of a shared child belongs to both mother and father. Therefore, both parents must jointly file a name change lawsuit for the child. One parent alone cannot bring such a case while both parents retain custody.
If the child’s parents are legally divorced, the parent who has been awarded custody has the authority to file the name change action. Under appropriate conditions, changing the name of a newborn is also possible. In these and similar situations, it is advisable to proceed under the guidance of an experienced lawyer to avoid mistakes or omissions.
Jurisdiction and Competent Court for a Name Change Case
The decisive factor for determining which court will handle a name change case is the plaintiff’s place of residence. Name change cases are filed at the Civil Court of First Instance located in the applicant’s place of residence. There is no statute of limitations or forfeiture period preventing a person from filing a name change case at any time.
It is important to distinguish between correcting population registry records and filing a name or surname change lawsuit, as these are often confused. Registry corrections seek to fix errors in population records, while a name change lawsuit requests an actual change to the given name or surname.
Costs of Changing a Name or Surname
Expenses for changing a name or surname consist primarily of court fees and related costs, which are updated annually. Using 2020 as an example year, court fees and related expenses totaled approximately 366 TL. If the name change case reaches the publication stage, an additional fee of roughly 100 TL was typically required, bringing the total to about 466 TL. Because these fees are subject to periodic revision, applicants should verify current amounts.
If the name change case is handled by an attorney, legal fees will also apply. Attorney fees vary and are not fixed; reference to the applicable minimum attorney fee schedule for the relevant year can provide guidance.
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