The Supreme Court Upheld The Decision To Give The Divorced Couple’S Mother’S Surname

IzmirThe couple, who has a child living in , divorced in 2011. Custody of the child was also given to the mother. mother, her last nameHe filed a lawsuit against his ex-wife and the İzmir Provincial Population Directorate for the giving of the birth certificate to his child.

In her application, the mother stated that “they have problems in daily life due to the difference between their surname and their child, this situation affects the child negatively, considering the decisions of the Constitutional Court and the Supreme Court, the discomfort of the child in having different surnames with his mother, and the lack of legal benefit in carrying the surname of the father who does not have custody.” He demanded that his surname be given to his child, citing reasons.

İzmir 6th Family Court decided to accept the case on the grounds that “there is no legal regulation preventing the change of the surname of the child with the surname of the mother to whom the custody right was granted upon the termination of the marriage union, and the said change is not contrary to the best interests of the child”.

Upon the father’s objection, the file was moved to the court of appeal. İzmir Regional Court of Justice 2nd Civil Chamber ruled that the decision was reversed. The file was moved to the Supreme Court upon the mother’s objection.

Supreme Court The 2nd Civil Chamber ruled that the decision of the court of appeal was overturned and in its decision, “The mother claimed that it was the child’s wish to change the surname of the child with her own surname and that she had difficulties at school and in official institutions. In her statement to the expert, the child requested that her surname be changed to that of her mother, which is contrary to the best interests of the child. The child’s choice should be valued unless made statements.

After the court of appeal found the decision, which was re-evaluated, this time in accordance with the law, the father appealed again. Re-examining the case, the Supreme Court rejected the father’s objection and upheld the decision.

Lawyer Sibel Bardakçı, who followed the file, recalled that the Constitutional Court had previously decided on a violation of rights because “the right of the child’s surname given to the man to be denied to the woman who has the right of custody constitutes discrimination based on gender”.

Noting that the Supreme Court of Appeals emphasized that “the best interests of the child should be taken into account” with this decision, Bardakçı said, “Because the child who lives with his mother and whose mother has the right of custody, bears a different surname with his mother, which can force the child in social life. For this reason, it has been a very appropriate and precedent decision.” said.

Source: https://morningexpress.in/the-supreme-court-upheld-the-decision-to-give-the-divorced-couples-mothers-surname/