(a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have. Such petition shall be filed in the office of the judge of probate of the father’s residence or the child’s residence.
(b) Upon the filing of the petition for name change, notice shall be given to the child’s mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child’s mother shall, within 30 days after receiving notice, file her objection or consent to the name change with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother’s response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child. The court shall issue an order of name change or denial of name change.
Upon change of the name of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
(Code 1852, §2010; Code 1867, §2406; Code 1876, §2744; Code 1886, §2366; Code 1896, §366; Code 1907, §5201; Code 1923, §9301; Code 1940, T. 27, §12; Acts 1981, No. 81-800, p. 1407, §2.)
Notes of Decisions
Cited in
10
cases, 1996–2015 · leading case:
Clark v. Clark, 682 So. 2d 1051 (Ala. Civ. App. 1996).
Clark v. Clark, 682 So. 2d 1051 (Ala. Civ. App. 1996).
· cites it 13× “The legislature has provided a procedure to change the name of a legitimated child in Ala.Code 1975, § 26-11-3. However, this procedure allows only the father to petition for the name change.”
J.M.V. v. J.K.H., 149 So. 3d 1100 (Ala. Civ. App. 2014).
· cites it 4× “However, in 1981 the legislature had amended the legitimation statute to reflect that a declared father did not have the right to name the child, but only had the right to petition the probate court to prove that a name change would be in the best interests of the child.”
Russell v. Fuqua, 176 So. 3d 1224 (Ala. 2015).
· cites it 8× “[[Image here]] *1227 “[The father’s] petition is based upon Ala.Code 1975, § 26-11-3. This statute provides that after notice is properly-served upon the mother of the child, the Court shall conduct a hearing at which all interested parties may present evidence for determination…”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001).
· cites it 2× “Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
T.L.H. v. R.A.R., 977 So. 2d 482 (Ala. Civ. App. 2007).
· cites it 3× “On appeal, the mother in Clark , relying on § 26-11-3, .Ala.Code 1975, argued that the circuit court was without jurisdiction to grant the father’s petition to change the daughter’s surname.”
M.V.S. v. V.M.D., 776 So. 2d 142 (Ala. Civ. App. 1999).
“Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001).
· cites it 2× “Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
Tlh v. Rar, 977 So. 2d 482 (Ala. Civ. App. 2007).
· cites it 4× “On appeal, the mother in Clark , relying on § 26-11-3, Ala.Code 1975, argued that the circuit court was without jurisdiction to grant the father's petition to change the daughter's surname.”
S.D. v. J.S.F., 74 So. 3d 971 (Ala. Civ. App. 2011).
· cites it 2× “In support of her argument, the mother cites § 26-11-3, Ala.Code 1975, and this court’s decision in T.”
Mvs v. Vmd, 776 So. 2d 142 (Ala. Civ. App. 1999).
“Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
— Ala. Code § 26-11-3(a) — 2 cases
Russell v. Fuqua, 176 So. 3d 1224 (Ala. 2015).
“[[Image here]] *1227 “[The father’s] petition is based upon Ala.Code 1975, § 26-11-3. This statute provides that after notice is properly-served upon the mother of the child, the Court shall conduct a hearing at which all interested parties may present evidence for determination…”
Tlh v. Rar, 977 So. 2d 482 (Ala. Civ. App. 2007).
“On appeal, the mother in Clark , relying on § 26-11-3, Ala.Code 1975, argued that the circuit court was without jurisdiction to grant the father's petition to change the daughter's surname.”
— Ala. Code § 26-11-3(b) — 2 cases
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001).
“Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001).
“Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
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