Civil Registry Cases

Age correction lawsuits may be filed in cases of discrepancy between physical appearance and registered age.

Age Correction Lawsuits

Age correction lawsuits are of two types: age increase lawsuits and age decrease lawsuits.

These lawsuits are based on the request for correction of erroneously maintained records.

However, there are specific conditions for filing these lawsuits. Namely, the physical appearance of the person requesting age correction must not be consistent with the age recorded in the civil registry.

These lawsuits can only be filed once. If the court determines that a similar lawsuit has been previously filed and dismissed, the current lawsuit will also be dismissed. Currently, this can be ascertained through a search in the UYAP system (National Judiciary Informatics System).

In both age increase and age decrease lawsuits, the most crucial factor is the absence of a birth record issued by institutions such as hospitals, maternity homes, or health centers. If a hospital record exists, these records are conclusive, and the contrary cannot be proven.

A person seeking an age increase must not have a sibling registered with the age requested for the increase. Similarly, it is important that a person seeking an age decrease does not have a sibling registered with the age requested for the decrease. Furthermore, age correction requests must consider the ages of siblings and the reasonable gestation period. For instance, if a person requesting age correction would have an age difference of less than nine months with a sibling registered in the civil registry, this would be contrary to nature, potentially leading to the dismissal of the lawsuit. The ages of siblings and reasonable periods must be taken into account when making such requests.

In age correction lawsuits, the plaintiff will be referred to a fully equipped hospital to obtain a "bone radiography" report for the determination of bone age.

Since it is not possible for a person to be registered in the civil registry before birth, the registration date in the civil registry will be binding. This is because a person's age can only be decreased up to the registration date. Therefore, the Court determines the registration date by corresponding with the Civil Registry Directorate. The case will not proceed to a decision until this matter is determined.

In these lawsuits, at least two witnesses must be presented. If the person wishing to file an age correction lawsuit is a minor, their parent or guardian may file the lawsuit on their behalf or grant a power of attorney to a lawyer to file the lawsuit. Since this lawsuit can only be filed once, thorough preparation is extremely important.

Name and Surname Change Lawsuits

A lawsuit requesting a name and surname change can only be filed once by an individual.

The existence of a just cause is essential for a name and surname change. Just causes include names that are not in conformity with our national culture, customs, and traditions; names with ridiculous or offensive meanings; and situations that may lead to misunderstandings in personal relationships or in the practice of a profession or art. Another just cause is when a person is known by a different name in their social circle and only uses the name on their identity document for official purposes out of necessity. In these lawsuits, it is mandatory to hear at least two witnesses.

Name and Surname Correction Lawsuit

A name and surname correction lawsuit differs from name and surname change lawsuits.

In name and surname change lawsuits, a person's name or surname is altered, and the person acquires a new name or surname. In a lawsuit requesting name and surname correction, only the rectification of an error is sought. For example, if a person's name is Mahmut but it was registered as Mahmud in the civil registry, the aim here is to change the entry in the civil registry to the correct form of the name. This is a much more technical type of lawsuit compared to name and surname change.

Lawsuit for Name or Surname Rectification in Land Registry

There are instances where our name or surname is incorrectly recorded in the land registry for a property registered in our name. Such errors often occur during transfers of inherited property. An erroneous spelling of a single letter in the certificate of inheritance can lead to significant issues in real estate transactions. Therefore, the appropriate action here is to file a lawsuit requesting name or surname rectification in the land registry.

Our firm provides the following services in the field of Civil Registry Cases:

Gender Reassignment

Gender reassignment can only occur by court order. Gender reassignment lawsuits are two-phased. The first phase is a lawsuit for permission for gender reassignment. Following the adjudication of this lawsuit and the granting of the necessary permission by the court, the individual becomes entitled to undergo gender reassignment surgery. After the successful completion of the surgery, the second lawsuit is filed. This lawsuit concerns the correction of gender and name in the civil registry. Both lawsuits are categorized as civil registry cases as they are filed against the Civil Registry Directorate.

Gender Reassignment Details