Constitutional Court Annuls Article 187 of the Turkish Civil Code: A Milestone for Women’s Rights

On February 22, 2023, the Constitutional Court of Turkey issued its decision (E: 2022/155, K: 2023/38), annulling Article 187 of the Turkish Civil Code. This article mandated that a married woman must take her husband’s surname and could only retain her maiden name alongside it if she wished.

Following an appeal from the Istanbul 8th Family Court, this annulment officially took effect on January 28, 2024, bringing an end to a legal provision that had been in force for nearly 98 years. This ruling is considered a significant advancement in the fight for gender equality and women’s personal rights in Turkey.

Previously, women who wished to retain their maiden names had to file a lawsuit to obtain permission. The Constitutional Court had previously taken steps in favor of women’s rights with its decision dated December 19, 2013 (2013/2187), allowing women to use their maiden names. Additionally, the Supreme Court of Appeals (Yargıtay) ruled on September 30, 2015 (2014/889 E., 2015/2011 K.) that women should be able to keep their maiden names. However, the inconsistency between legal regulations and judicial decisions created obstacles for women seeking to maintain their original surnames.

With the annulment of Article 187, it is expected that new regulations will be introduced, granting spouses the right to choose their preferred surname at the time of marriage registration. This change could also pave the way for men to adopt their spouse’s surname if they choose. Furthermore, women who previously had to change their surname upon marriage may now be provided with legal avenues to revert to their maiden names upon request.

This landmark decision represents a major step forward in ensuring gender equality in Turkey and is expected to contribute significantly to strengthening women’s rights and freedoms in legal and social contexts.