Name and Surname Change Lawsuit
Name and Surname Change Lawsuit requires filing a case to completely change the name to a different one or for citizens with two names who want to remove the name they don’t use. However, if the name or surname is incorrectly recorded by the Civil Registry Office and this error is considered a minor mistake, the name correction can be done through the E-Government system.
What are the Conditions for Changing Names without Filing a Lawsuit?
Because we cannot choose our names and surnames by our own will, sometimes ridiculous and absurd names and surnames emerge. Sometimes we also see that civil registry officers make spelling mistakes when writing names and surnames in the population register, resulting in changes in the meaning of names and surnames. With the Temporary Article 11 of Law No. 7039 on Amending the Population Services Law and Some Laws, it has been made possible to change names in certain limited cases, provided that the person applies in writing to the Civil Registry Office of their place of residence within 3 years from 24.12.2019. It is possible to change names and surnames without filing a lawsuit in the presence of the following conditions:
- Surnames that are not in accordance with general morality or are disgusting and ridiculous (Surname Law No. 2525, Article 3)
- Names and surnames with meaning changes due to spelling and punctuation errors or lack of correction marks
- Names and surnames that are not in accordance with general morality or are considered ridiculous by society
How to Change Names through the E-Government System?
The name change process can be done without filing a lawsuit in the presence of reasons listed in Temporary Article 11 of the Population Services Law No. 5490. With a new regulation introduced to the E-Government portal, citizens can now perform name and surname change procedures through E-Government. After logging into the E-Government system, one should go to the “Receiving Applications for Name or Surname Correction by Provincial / District Administrative Board Decision” section and create an application. After this stage, your name change request will be recorded by the relevant Civil Registry Office and your request will be evaluated.
Name Change and its Lawsuit
Although name changes can be made through the E-Government system in some cases, the main method is changing the name through a lawsuit. Name and surname change lawsuit is a contentious judicial process with the relevant Civil Registry Office as the defendant. For this reason, the name change request must be based on reasonable grounds with justification. Some reasons that courts consider as reasonable justification for changing a name are:
- When the person’s name is so bad or funny that it’s subject to mockery
- When the person’s name violates moral rules
- Having a name that is difficult to pronounce or say
- When the person bears the same name as someone who committed a very serious crime against them or a family member, causing trauma
- When the person’s name is the same as a terrorist leader or a well-known criminal in society
- When the person is not known by the name written on their ID, is called by a different name or nickname, this has been ongoing for a long time, and therefore the name on the ID is insufficient for recognition
- Situations that justifiably require changing the name due to the person’s occupation
- Other situations that can be shown as justified reasons requiring the change of the person’s name
These reasons are evaluated by the court on a case-by-case basis for each name and surname change lawsuit.
In which Court is the Name and Surname Change Lawsuit Filed?
The name and surname change lawsuit is filed in the Civil Court of First Instance where the plaintiff resides. It can also be filed in the Civil Court of First Instance of the place where one is registered in the population registry.
This blog post has been written to provide general information, and for more detailed information about the name and surname change lawsuit, you can contact us to get information from an attorney.
