TITLE 19 DOMESTIC RELATIONS

Section 12. Name Change, 19-12-1 through 19-12-4.

ARTICLE 3 UNIFORM INTERSTATE FAMILY SUPPORT ACT

19-12-1. Petition for name change; request by victim of family violence; notice of filing; consent of minor's parents or guardian.

As used in this Code section, the term:
1. "Abandoned" shall have the same meaning as set forth in Code Section 15-11-2.
2. "Child" means an unemancipated individual who is under 18 years of age.
3. "Family violence" shall have the same meaning as set forth in Code Section 19-13-1.
Any individual desirous of changing his or her name or the name of his or her child may present a petition to the superior court of the county of his or her residence. Such petition shall set forth fully and particularly the reasons why the name change is being requested. Such petition shall be verified by the petitioner.
1. When a name change is requested by a petitioner who alleges to be a victim of family violence, such petitioner may petition the court to file his or her petition to change his or her name under seal.
2. If the court determines that the petitioner is a victim of family violence, the court may issue an order waiving the requirements of publication as set forth in subsection (d) of this Code section. If the court determines that such filing shall be allowed to proceed under seal and otherwise waives the other requirements of this Code section, it may hear and determine all of the matters raised in such petition and render a final judgment thereon.
3. After issuing an order under paragraph (2) of this subsection, the court may later unseal a petition for name change or order the petitioner to file a redacted version of such petition for the public record.
4. If the court determines that the petitioner is not a victim of family violence, the underlying petition for name change shall not be heard until this Code section has been complied with in full.
5. The court shall retain all filings made under seal as part of the record.
Except when an order has been issued as provided in paragraph (2) of subsection (c) of this Code section, within seven days of the filing of the petition, the petitioner shall cause a notice to be published once a week for four consecutive weeks in the legal organ of the county in which such petition is pending. The notice shall contain the name of the petitioner, the name of the individual whose name is to be changed if different from that of the petitioner, the new name desired, the court in which the petition is pending, the date on which the petition was filed, and the right of any interested or affected party to appear and file objections.
If the petitioner seeks to change the name of his or her child, the written consent of his or her parent or parents if they are living and have not abandoned the child, or the written consent of the child's guardian if both parents are deceased or have abandoned the child, shall be filed with the petition.
When a petition is seeking to change the name of a child, the parent or parents of the child shall be served with a copy of the petition. If the parent or parents reside within this state, service of the petition shall be made in person, provided that if the location or address of the parent is unknown, service of the petition on the parent shall be made by publication as provided in subsection (d) of this Code section. If the parent or parents reside outside this state, service of the petition on the parent or parents residing outside this state shall be made by certified mail or statutory overnight delivery if the address is known or by publication as provided in subsection (d) of this Code section if the address is not known.
When a child resides with individuals other than his or her parent or parents, a copy of the petition shall be served upon such individuals in the same manner as service would be made on a parent.
So long as a petition has not been heard and granted under paragraph (2) of subsection (c) of this Code section, after proof to the court of publication of the notice as required by subsection (d) of this Code section is made, if no objection was filed, the court shall proceed at chambers on such date as the court shall fix to hear and determine all matters raised by the petition and to render final judgment or decree thereon. Such hearing shall occur upon the expiration of:
1. Thirty days from the filing of the petition if the individual whose name to be changed is an adult;
2. Thirty days from the date of service upon the parent, parents, or guardian of a child whose name is to be changed if the parent, parents, or guardian reside within this state; or
3. Sixty days from the date of service upon the parent, parents, or guardian of a child whose name is to be changed if either the parent, parents, or guardian reside outside the state and the petition is served by mail.
For service required by this Code section, the clerk shall receive the fees prescribed in Code Section 15-6-77.

(Ga. L. 1875, p. 103, § 1; Code 1882, § 1787a; Civil Code 1895, § 2495; Civil Code 1910, § 3014; Code 1933, § 79-501; Ga. L. 1943, p. 260, § 1; Ga. L. 1961, p. 129, § 1; Ga. L. 1973, p. 504, § 1; Ga. L. 1977, p. 1098, § 10; Ga. L. 1978, p. 1365, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2017, p. 571, § 1/HB 279.)

The 2017 amendment, effective July 1, 2017, rewrote this Code section.

Cross references.

- Inclusion in judgment for divorce of provision for restoration of maiden or prior name, § 19-5-16.

Amendment of certificates or reports, § 31-10-23.

JUDICIAL DECISIONS

Court discretion.

- Granting or refusal of an application for name change is based solely on sound legal discretion. Binford v. Reid, 83 Ga. App. 280, 63 S.E.2d 345 (1951); Johnson v. Coggins, 124 Ga. App. 603, 184 S.E.2d 696 (1971); In re Mullinix, 152 Ga. App. 215, 262 S.E.2d 540 (1979).

There was no abuse of discretion in denying a petition for name change when the petitioner was incarcerated following the petitioner's conviction for first degree forgery. In re Parrott, 194 Ga. App. 856, 392 S.E.2d 48 (1990).

Notice prescribed by General Assembly.

- It is the prerogative of the General Assembly to prescribe what notice, if any, is required prior to the court's action upon petition for change of name. Fulghum v. Paul, 229 Ga. 463, 192 S.E.2d 376 (1972).

Written parental consent.

- Written consent of parent or parents is necessary unless a child has been abandoned. Wearn v. Wray, 139 Ga. App. 363, 228 S.E.2d 385 (1976).

Parental surname not property right.

- Father's protectible interest in having his child bear parental surname is not a property right within the meaning of due process. Fulghum v. Paul, 229 Ga. 463, 192 S.E.2d 376 (1972).

Rights of incarcerated father.

- Trial court erred in granting the petition to change the child's name since incarcerated father was not personally served, though such notice was possible, and the father's written objections to the petition were not judicially considered. Brown v. Waters, 208 Ga. App. 866, 432 S.E.2d 817 (1993).

Procedure when identity of natural father is in dispute.

- Problem with the procedure required by the statute arose when there was a dispute as to the identity of the natural father of child. However, this procedure would be proper legal vehicle for resolution of such dispute by serving the petition on both purported fathers, making both of them parties to the proceedings. The trial judge would then have to resolve the dispute. Doe v. Roe, 235 Ga. 318, 219 S.E.2d 700 (1975).

Motion for name change properly granted.

- Father's motion to change his son's name was properly granted after the trial court granted the father's motion to legitimize his son as the mother's claim that the son would be confused by the name change paled since she also requested a name change. Carden v. Warren, 269 Ga. App. 275, 603 S.E.2d 769 (2004).

Discretion abused in denial of name change petition.

- Trial court abused the court's discretion by denying the petitioners' respective petitions to change their names because each followed the procedure for name change laid out in O.C.G.A. § 19-12-1, there was no evidence before the trial court to authorize a conclusion that either of them were acting with any improper motive against any specific person, and no objections were raised at the hearings on the petitions. Furthermore, a trial court's conclusions about any person's confusion or embarrassment is not a valid basis for denying a petition for a name change. In re Feldhaus, 340 Ga. App. 83, 796 S.E.2d 316 (2017).

Hearing required for surname change.

- When a child, by her mother, sought to change the child's surname to that of the child's deceased father, it was error to deny the petition without a hearing. O.C.G.A. § 19-12-1(f)(3) provided for a hearing. In re Scott, 288 Ga. App. 374, 654 S.E.2d 221 (2007).

Cited in Cook v. English, 85 Ga. App. 739, 70 S.E.2d 86 (1952); Bruster v. Hopper, 146 Ga. App. 217, 246 S.E.2d 140 (1978).

OPINIONS OF THE ATTORNEY GENERAL

Serviceman overseas cannot change name in foreign court without relinquishing citizenship.

- Serviceman, citizen of Georgia stationed overseas, cannot submit to jurisdiction of Japanese Family Court in order to have his name changed without relinquishing his Georgia and United States citizenship but must petition superior court in county in which name to be changed is recorded. 1962 Op. Att'y Gen. p. 345.

Woman may change surname assumed by marriage.

- Married woman's surname is that of her husband, but she may change it for legal purposes, including issuance of a driver's license, by judicial decree or by consistent usage of another name without resort to judicial proceedings. 1975 Op. Att'y Gen. No. 75-49.

Married woman assumes husband's surname.

- Under Georgia law, a woman, upon marriage, takes husband's surname by operation of law, and unless and until she has this married name altered or changed by court order, it is her "legal" name. 1974 Op. Att'y Gen. No. 74-33.

RESEARCH REFERENCES

Am. Jur. 2d.

- 57 Am. Jur. 2d, Name, §§ 14 et seq., 37, 44 et seq., 56.

18A Am. Jur. Pleading and Practice Forms, Name, § 2.

C.J.S.

- 65 C.J.S., Names, § 21 et seq. 67A C.J.S., Parent and Child, § 38 et seq.

ALR.

- Circumstances justifying grant or denial of petition to change adult's name, 79 A.L.R.3d 562.

Rights and remedies of parents inter se with respect to the names of their children, 40 A.L.R.5th 697.

Syfert Injury Law Firm

2018 Georgia Code 19-12-1 | Car Wreck Lawyer