Who Has the Legal Right To Name a Child?

Naming a baby is a very personal experience for parents. For many parents, narrowing down their list to the right name can be difficult. Parents generally share equal rights to name a child. However, they can have different opinions about what they want to name their child. When there is conflict about a baby’s name, naming rights depend on state law.

If you have specific questions about who has legal rights to name a child, contact a local and experienced family law attorney.

Parents’ Rights When Naming a Child

Parental rights include the right to name or change the name of their children. For a child with two legal parents, both parents have equal naming rights. They also both need to agree to change the child’s name.

If paternity isn’t established on the child’s birth certificate, the mother has naming rights. For children with a mother and father, the birth mother is generally one legal parent. A child’s father can establish parental rights in a few different ways, including:

• Marriage
• Acknowledgement of paternity on the child’s birth certificate
• Paternity action in court

Naming rights can depend on where the child is born. For example, in New Jersey, parents can give their child any given name or surname. However, if they can’t decide on a surname, each parent selects a surname. Both surnames are entered on the birth certificate, separated by a hyphen.

Laws for Naming a Child

For the child’s last name, naming laws vary by state. Some states require the child to have the father’s name unless the parents choose the mother’s name. Other states allow you to pick either parent’s last name or give the child a combination of two names.

States also have laws that prohibit the use of certain types of baby names. Some restricted baby names include:

• Obscenity
• Offensive or derogatory terms
• Pictograms
• Numerals or symbols
• Apostrophes or hyphens
• Diacritical marks (accents and umlauts)
• Number of characters

For example, Florida and Kentucky have no restrictions on accent marks. In California, names are limited to the 26 English alphabet characters. Parents in Florida could name a child José, but they would be Jose under California naming laws.

Process for Changing a Child’s Name

To change a child’s name, parents must pay a filing fee and submit the proper paperwork to their state government. The process is simple and smooth if both parents agree to the name change.

However, if the child’s parents disagree on a potential name change, the case may have to go to family court. For legal name changes, a family law court must approve the new name. Judges consider the best interests of the child when deciding a child’s name. This includes how the child’s new name would impact their family and social life, the child’s age, and their feelings about changing their name.

Changing a Child’s Name

Both parents have the legal right to change their child’s name as they see fit. Legal guardians can also change their names. But there are some differences—particularly if the child’s parents are living. For example, in California, legal guardians can file a name change petition, but they must notify the child’s birth parents.

Resolving Naming Disputes

Parents have the right to name their child, but they might disagree about the child’s first and last name. If you can’t decide, it may be up to the court to enter the child’s legal name. Instead of letting the court decide, you should work together to come to a compromise.

A family law attorney can help you resolve naming disputes so the court doesn’t have to. For legal advice about naming your child or changing your child’s name, contact an experienced family law attorney.