The issue of the child's surname in custody disputes in Turkey: what are the best interests of the child?

In the Turkish legal system, children born within marriage receive the father's surname. In the case of a divorce, custody of the child is usually granted to the mother. However, the child's surname does not change after the divorce, while the woman resumes her pre-marriage surname, which means the surnames of the child and the mother will differ. Due to different surnames, the child may face various problems with school life, healthcare services and may even suffer from peer pressure. The Turkish Civil Code (TCC) does not permit the woman to change the child's surname, even when she has been granted custody by court order. In this article we discuss the best interests of the child when the mother and child carry different surnames. We argue that there is inequality for women in the TCC regulations concerning the child's surname despite claims to support gender equality. [ABSTRACT FROM AUTHOR]