A married woman’s surname in Türkiye: what changed after the Constitutional Court ruling?

The short answer: where do things stand in November 2026?

As of November 2026 there is no statutory provision in force in Türkiye that governs a married woman’s surname. Article 187 of the Turkish Civil Code, headed “The wife’s surname”, was annulled by the Constitutional Court, and the annulment took effect on 28 January 2024. Nothing has replaced it.

In practice there are three situations:

• Using the husband’s surname. This remains the most common registration.
• Using her own surname in front of her husband’s. This double surname is set out in the implementing regulation and can be requested through e-Devlet.
• Using only her own surname. This is what the annulment opened up, but no administrative procedure has been written for it. Registry offices handle it differently, and refusals end up in court.

This page summarises what the legislation and the court decisions say. It is not legal advice. For your own case, ask the registry office (nüfus müdürlüğü) or a lawyer.

What did Article 187 of the Civil Code say?

Before the annulment the article had two sentences: “On marriage the wife takes her husband’s surname; however, by written application to the marriage officer or later to the registry, she may also use her previous surname in front of her husband’s surname. A woman who already uses two surnames may use this right for one surname only.”

So a woman could keep her own name only alongside her husband’s, placed before it. Keeping her own name on its own was not an option in the code. Today the consolidated text shows only the annulment note where the article used to be.

What did the Constitutional Court decide?

The case reached the Constitutional Court through a referral by the 8th Family Court of İstanbul, which was hearing a woman’s claim to use her pre-marriage surname on its own. The Court decided on 22 February 2023 (docket E. 2022/155, decision K. 2023/38). The decision was published in the Official Gazette (Resmî Gazete) of 28 April 2023, issue 32174.

The ruling had three parts:

• The first sentence (the wife takes her husband’s surname) was held contrary to the equality principle in Article 10 of the Constitution and annulled by majority. Six members dissented.
• The second sentence was annulled under Article 43(4) of Law No. 6216, because it could no longer apply once the first sentence fell.
• The Court ruled unanimously that both annulments would take effect nine months after publication. The Civil Code’s amendment table gives that date as 28 January 2024.

The core of the reasoning: a husband could keep using his own surname alone after marriage, while a wife could use hers only in front of her husband’s. The Court saw this as different treatment of spouses in a comparable position, based on sex. Keeping the population register in order did not justify it, the Court said, since citizens have ID numbers and the register is electronic. As for family unity, a common surname does not require the wife to take the husband’s name; spouses could, for example, choose one spouse’s name or a combination of both.

What had the courts said before?

The decision itself summarises the earlier case law:

• In Ünal Tekeli v. Turkey (16 November 2004) the European Court of Human Rights held that refusing a married woman the use of her own surname alone violated Article 14 of the Convention taken with Article 8.
• In individual applications such as Sevim Akat Eski (19 December 2013) and Gülsüm Genç (6 March 2014), the Constitutional Court held that the international conventions had to prevail and that applying Article 187 violated the applicants’ rights.
• The Plenary Civil Chamber of the Court of Cassation (Yargıtay), in a decision of 30 September 2015 (E. 2014/889, K. 2015/2011), stressed that a woman needs no special reason to use her pre-marriage surname alone.

The Constitutional Court also said this case law was not enough: as long as the rule stayed on the books, women could reach this right only by going to court. What matters, it wrote, is that women can enjoy equal rights without having to sue.

Was anything enacted after 28 January 2024?

No. As of November 2026 Article 187 in the consolidated Civil Code is empty apart from the annulment note.

There was one attempt. The 9th Judicial Package bill, tabled in summer 2024, proposed a new Article 187. It again opened with “On marriage the wife takes her husband’s surname” and would only have let her add her own name in front. In November 2024 that clause was removed from the bill in the General Assembly by a joint motion of the parties.

The statute book confirms it. The package became Law No. 7531, in force since 14 November 2024, and changed only Articles 286, 289, 291 and 314 of the Civil Code. The later Laws No. 7532, 7571 and 7589 did not touch Article 187 either.

What options exist today, and how do you apply?

Double surname. Under Article 24 of the Population Services Implementing Regulation, a woman who wants to use her previous surname together with her husband’s can say so in writing to the marriage officer at the wedding, or afterwards in writing or by e-application to the registry office. The e-Devlet service is called “Evli / Dul veya Boşanmış Kadınların Soyadı Değişikliği Başvurusu” (surname change application for married, widowed or divorced women). Article 17 of the Surname Regulation, as amended in 2009, describes the same route.

Dropping the previous surname. A woman with a double surname who wants to use only her husband’s needs only a written request, under Additional Article 3 of the Population Services Law. The regulation says such requests are not limited in number.

Only her own surname. The direct effect of the annulment is that the law no longer requires a wife to take her husband’s name. But the regulation sets out no procedure for this option. According to a guide updated in October 2026, the e-Devlet screen offers no “own surname only” choice. According to a lawyer’s commentary of August 2026, registry offices are not uniform: some accept the request, others refuse it as having no basis in the legislation.

What if the registry office refuses?

Then it goes to court. According to the same commentary, a refusal is followed by a claim in the family court, with the registry office as defendant. Asking for the refusal in writing helps with the case.

One more detail: Article 24 of the regulation, in the text published in the Official Gazette in 2020, opens with “A woman who marries takes her husband’s surname.” That sentence has the same content as the annulled statutory article. As of November 2026 no amendment to the regulation has settled how far that sentence still applies.

The Constitutional Court had stated clearly that equality cannot be achieved through court rulings alone and that the legislature and the administration also have duties. Until a new rule is enacted, the outcome depends on the practice of your registry office and, if necessary, on a court.

Does the population record move on marriage?

Yes. Under Article 23 of the Population Services Law, a married woman’s record is moved to her husband’s household. A widow stays in her late husband’s family register unless she remarries, but may return to her father’s.

This rule went to the Constitutional Court too. On 4 June 2026 the Court rejected the challenge by majority (E. 2025/216, K. 2026/128), with five members dissenting. The decision was published in the Official Gazette of 10 August 2026, issue 33336. The majority saw the transfer as a technical arrangement, not something that directly defines a person’s identity. One of the dissenting opinions noted that the rule is not directly about surname use. So the household rule stays in force; the surname question is a separate matter.

Are children’s surnames affected?

Not directly. The Constitutional Court examined only Article 187. Article 321 of the Civil Code still says that a child of married parents carries the family surname, and that if the mother carries a double surname from an earlier marriage, the child takes her maiden name.

The code does not define “the family surname”, and there is no new provision on how it applies when the spouses have different surnames. More here: a child’s surname in Türkiye.

What happens on divorce or widowhood?

Under Article 173 of the Civil Code a divorced woman takes back her pre-marriage surname. If she was a widow before the marriage, she may ask the judge for permission to bear her maiden name. If she proves that she has an interest in keeping her former husband’s surname and that it does him no harm, the judge allows her to keep it. The husband may ask for the permission to be withdrawn if circumstances change.

The later steps need no court. Under Additional Article 3 of the Population Services Law and Article 28 of the regulation, a woman permitted to keep her ex-husband’s surname can return to her pre-marriage surname, or use both together, by written or electronic application.

The Civil Code sets no separate surname rule for widows; the Population Services Law deals only with where the record is kept (see above).

When was this checked?

Every statement on this page was checked on 9 November 2026 against the consolidated statutes in the official legislation database (mevzuat.gov.tr), the decision texts in the Official Gazette and dated commentary. If a new law or regulation is published, this page will be updated. For the general rules on changing a surname: how to change your surname in Türkiye. For the dates in order: surname law timeline. If you married in Germany: surnames in Turkish–German marriages.