The child born in marriage takes the surname of the family, the father's surname. As a rule, the child born out of marriage carries the last name of the mother. However, a child born out of marriage who has been recognized as a parent by recognition or a decision of fatherhood receives the surname of the father. If the marriage ends with a divorce or cancellation decision, will the child be able to carry the last name of the mother who has the right of parental responsibility? Until recently, the Supreme Court of Appeals has responded negatively to this question. The Constitutional Court responds positively to the question with the reason that it intervened in the family life in the events coming in front of it through individual application. Following the judgements of the Constitutional Court, the Supreme Court of Appeals changed their views and reached the outcome of a positive response to these requests. In the study, it was discussed that the child could get the last name of the mother who has the right of parental responsibility in case of divorce. In the introduction part of the work, the acquisition of the name in general is handled, and the frame of the subject discussed in the study is drawn. In the following sections of the work, the approach of the Supreme Court of Appeals to the subject and the decisions of the Constitutional Court on the individual application were examined, the judicial decisions were evaluated and the study was completed together with the conclusion section following the search for solutions.