The Judicial Change of Name Act gives Pennsylvania courts control of requests for name changes. Anyone who wishes to change his or her name commences the process by filing a petition requesting the change. The intended name change must be advertised in local newspapers, after which the court holds a brief hearing on whether the name change is legitimate.
The primary purpose for involving the courts in name changes is to prohibit fraud. A person who wants to change his or her name must prove that it is not for the purpose of defrauding creditors or avoiding financial obligations. If the requested name would cause confusion, or if the name is bizarre, unduly lengthy, or offensive, the court has the power to deny the name change.
Where a parent seeks to have a child's name changed, the inquiry is different. As to children, the court focuses on the best interests of the child. Where a mother who remarried after divorce sought to change the name of the child of her first marriage to a hyphenated version of her first and second married surnames, the Pennsylvania Supreme Court found that the child's best interests were not advanced by the proposed change.
The mother claimed that the child wanted to have the same last name as his mother and his younger half-siblings. The mother testified that her son wanted to "cement his feeling of being a part of the same family unit." The child's natural father objected to any change and attributed the mother's motivation to a continuation of the bitterness that had surrounded their divorce. Noting his son's close bonds to paternal relatives, the father asked that the court preserve those bonds by refusing the name change. The court agreed and denied the mother's request.
At a child's birth, the custodial parent is entitled to give the child the last name of either parent, or even a wholly different last name. The custodial parent is entitled to control the choice of the name. If parents dispute who is entitled to name a newborn, a mother is more likely to be in physical control of the infant and to be regarded as the custodial parent. Pennsylvania courts have noted that where a mother is disabled or deceased, or where a court order is issued, fathers may control the naming of a newborn child. Once a birth certificate has been issued, a parent who objects to the name of a child can change the name only by filing a petition in court.
The courts have no preference for the last name of either parent. In focusing on the best interests of the child, the length of time the child has been named, the identity of similarly named siblings or family members, and the bonds between the parents and the child are all important issues. If the child understands the significance of the proposed change, the court may interview the child and consider his or her preferences.
Name changes for a child must follow proper legal procedure as defined by Pennsylvania Law. The following is an example of how to change your name or a child's name in Pennsylvania.