Surname of women in Turkish Law and Comparative Law

After the foundation of Turkish Republic in 1923, a new Civil Code was prepared based on Swiss Civil Code in 1926. This civil code was a great reform for its day in order to provide gender equality. Nevertheless, with the passing of time, the regulations in this code became inadequate and in 2002 a new civil code (code number: 4721) which includes improvements about gender equality was enacted. With this civil code, gender equality in general is ensured. However a discrimination in women's marital surname stil continues. According to current regulations, married women must take her husband's surname after the official marriage. If she wants, she can register her maiden name in front of her husband's surname. In various national and international court decisions, it is stated that, this is gender discrimination. There are different systems in marital surname around the world. In some countries change of surname is mandated in marriage, while in some other countries change of surname is permitted but not mandated, and in some other countries marriage is not a legitimate reason for change of name. In this thesis, current situation in Turkey will be examined and evaluated in scope of equality. Regulations in different countries about marital surname will be mentioned and a conclusion will be brought de lege ferenda.