CASES RELATING TO USE OF HOSPITAL’S SURNAME
Article 173 of the Turkish Civil Code allows women to bear the surname of their divorced husband. However, certain conditions must exist in order for it to be possible to carry the husband’s surname.
The woman may want to use the surname of her divorced husband, or the husband or woman may request that this permission be removed. There are two cases here. These cases are;
Case for Permission to Use Husband’s Surname and Case for Removal of Husband’s Permission to Use Last Name.
1-) ACTION FOR PERMISSION TO USE THE SURNAME OF THE husband:
If it is proven that the woman has an interest in using the surname of her husband and that it will not harm the husband, the judge allows her to bear her husband’s surname upon her request. The court in charge of this case is the family court, the civil court of first instance in places where there is no family court. If this case is positive, the woman can bear her husband’s surname. In the case of Permission to Use the Husband’s Surname, the lawsuit to be filed should be directed to the male spouse.
2-) CASE OF REMOVING THE PERMISSION TO USE THE SURNAME OF THE husband:
In the event that the circumstances change, the husband may request that the permission given for the use of his surname be revoked. Although it is stated in the text of the law that the case for the removal of the husband’s permission to use the surname can be filed by the husband, the Supreme Court is of the opinion that the woman can also file a case for the removal of the husband’s permission to use the surname. If the lawsuit is justified, the woman does not continue to use her husband’s surname and returns to her own surname. Again, as long as the husband does not demand the abolition of the given permission, the woman will be able to continue to use her husband’s surname.
The matters to be considered in the case of the Husband’s Permission to Use the Surname and the Removal of the Husband’s Permission to Use the Surname are as follows:
It is not possible for the court to pass judgment without a request to allow the husband to use his surname after the divorce. In this regard, a lawsuit must be duly filed and the fee paid.
While the court in charge of the Case for the Husband’s Permission to Use the Surname and Removal of the Husband’s Permission to Use the Surname is the family court, the court in charge of the Case for the Correction of the Identity Registration Regarding the Surname is the Civil Court of First Instance. The Family Court is not responsible for this issue and these cases should not be confused with each other.
The request to be allowed to bear the surname of her divorced husband after the divorce is not an annex to the divorce. This is an independent request. The fact that the person has made a request in this regard in the response petition in the divorce case does not make the request a lawsuit. (Court of Appeals 2nd HD, 2010/10644 E. 2011/11581 K)
