An era of equality begins for the surnames of married women

The annulment of the rule requiring a woman to take her husband's surname upon marriage will come into effect on January 28, in accordance with the Constitutional Court decision.

The court annulled Article 187 of the Turkish Civil Code, which contained the provision that "a woman who marries shall take her husband's surname," and called on the Grand National Assembly of Turkey (TBMM) to "make a new regulation in accordance with gender equality."

The 9-month period set by the court for the effective date of its decision, which was published in the Official Gazette on April 28, 2023, expires on January 28, 2024. It has been learned that the TBMM will address the relevant regulations within a new judicial package.

Nazan Moroğlu, Coordinator of the Istanbul Women's Organizations Union and Lecturer at MEF University Faculty of Law, stated the following regarding the matter: "The Constitutional Court decision is an important achievement on the path to gender equality. I see it as the result of a 25-year struggle for equality regarding surnames."

Moroğlu stated that with the Constitutional Court's decision, the obligation for women to use their maiden names alone after marriage has been lifted, and noted that the TBMM must make new regulations. Otherwise, she pointed out, a legal uncertainty would arise for those marrying on or after January 29.

The Constitutional Court's annulment decision revealed that there was differential treatment based on gender between women and men who marry. The court evaluated this situation as a violation of the principle of equality and ruled that women should be granted more freedom in choosing their surnames. In this direction, it was emphasized that with the annulment of the relevant article of the Turkish Civil Code, changes must be made to other articles as well.