A Georgia superior court cannot refuse a name change simply because the new name does not match the sex on the petitioner’s birth certificate.
What Happened in Feldhaus
Two transgender adults petitioned separately in Columbia County. Neither petition was opposed. The trial court denied both anyway, reasoning that a transgender person “claiming to be a person of the opposite gender” from their birth gender “presents problems for the person and the general public,” that the names could “confuse and mislead … emergency personnel, actuaries, insurance underwriters,” and that such changes “are, in effect, a type of fraud on the general public.”
The Court of Appeals reversed both denials. In re Feldhaus, 340 Ga. App. 83 (2017).
Fraud Is the Statutory Limit
OCGA Chapter 19-12 sets out the procedure, and OCGA 19-12-4 supplies the only substantive restriction: “Nothing contained in this chapter shall authorize any person to change his name with a view to deprive another fraudulently of any right under the law.”
That is a narrow test. Georgia law does not prohibit an adult from assuming another name “so long as he does not assume a name for the purpose of defrauding other persons through a mistake of identity.” Feldhaus, 340 Ga. App. 83.
Because there was no evidence that either petitioner had any fraudulent purpose, denial was an abuse of discretion.
Confusion Is Not a Ground
The Court of Appeals had said as much in a 1979 case where a judge denied a mother’s request to resume her maiden name, fearing that different surnames would confuse her child. A trial court’s conclusions about “confusion” or “embarrassment” are “not a valid basis for denying” a petition. Feldhaus, 340 Ga. App. 83.
A judge who hears an objection still exercises discretion, but it has to rest on the statute.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!