Name Changes and Children: Court Considers Notice Where Mother Seeks to Change Name of Biologically Female Child to a Traditionally Male Name

In a recent case filed in this Family Division of the Court of Common Pleas of Lebanon County, the mother of a 16-year-old biologically female child has requested that the child’s name be changed to a traditionally male child’s name. Because the mother could not provide proof of notice to the biological father of this proposed name change, the court has put the matter on hold. The biological child’s legal father must be notified of the request for name change. Name changes in Pennsylvania are governed by 54 Pa. C.S.A. 701. Because the subject matter addressed in this case has not been presented to this court previously, the court found two cases from other jurisdictions and also researched medical doctrine.

The court held that seven items set forth in another case regarding a child’s best interest were relevant. These factors include the child’s age, length of time the child had tried to use the proposed name, the potential anxiety or discomfort that would result from using a name that did not match the child’s outward appearance, the child’s mental health counseling, whether others in the family or community utilize the child’s proposed name, the child’s preference and motivation for seeking a name change, and parental support for the name change.

As previously indicated, Pennsylvania law requires that both parents be given notice of any hearing that implicates a child’s change of name.  Furthermore, if the legal father opposes the name change request, the court would want to hear and analyze the father’s motivation and reasoning for this opposition.  

The court has indicated that no final decision regarding the name change could be made until the court hears from the father and has adequate time to analyze the situation. The medical and psychiatric communities are divided about the subject of gender transformation. Therefore, the court has indicated that it will conduct a more comprehensive inquiry to the child as well.