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Turkish Constitutional Court grants women right to keep their maiden name

Women in Turkey can now continue to use their maiden names without undergoing the legal process of changing their name after the Turkish Constitutional Court's landmark decision that nullified a provision in the Turkish Civil Code which required women to take their husband's surname after marriage, but allowed them to use their previous surname in front of their husband's with a written application. The Court's decision is based on the argument that it is unfair for men to use their surnames throughout their lives, while women are denied this right.

4:27 pm 28/04/2023
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Turkish Constitutional Court grants women right to keep their maiden name
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Turkey’s Constitutional Court (AYM) ruled on Friday that married women can keep their maiden name without the need for legal procedures, arguing that the practice of requiring women to change their surnames after marriage is unjust and discriminatory.

The previous provision in Turkish law stated: “Women take their husband’s surname after marriage, but they can also use their maiden name in front of their husband’s surname by making a written application to the marriage officer or later to the population administration. Women who previously used two surnames can only benefit from this right for one surname.”

The AYM argued that it is against the principles of equality that men would “keep their surname from birth throughout their life, while women are denied the same right” in their decision published in the Official Gazette.

Ayten Ünal was the first woman to open a case surrounding her surname in Turkey, and achieved success in 2004 after a process that went as far as the European Court of Human Rights.

The nullification of the provision will come into effect nine months after its publication in the Official Gazette.


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