In the decision, the Constitutional Court takes into hand Articles 10 and 41 of the Turkish Constitution, emphasizing the juridical precedent for “children who, even if they come into the world outside the confines of marriage, have the right to know their mother and father, to have their father's name written on their birth certificate, to benefit from the rights proceeding from this and to request that their mother and father fulfill their responsibilities with regard to the child.” The court also said its decision was necessary in light of the Universal Declaration of Human Rights, which states that all children are entitled to the same social protection regardless of the marital status of their parents. The UN's Convention on the Rights of the Child emphasizes that the best interests of children must be the primary consideration when drawing up legislation related to children, the Constitutional Court also noted. Article 41 of the Turkish Constitution charges the government with protecting children born outside of marriage in addition to its general responsibilities of protecting the family, the court said. For this reason, the decision reads, no path can be paved for discrimination in the legal status of a child according to the marital status of the parents.
The court's decision reverses a decision of the Eskişehir Second Family Court that a child will take the mother's last name if the parents are not married. The cancellation will go into effect one year from yesterday.
