When Can a Maryland Judge Change the Last Name of a Child?
Historically, Maryland courts followed a rule that said a father had the right to have his children bear his last name. And while many people in the 2020s still follow that custom, it is no longer a strict legal mandate. Indeed, under Article 46 of the Maryland Declaration of Rights, equality under the law cannot be denied on the basis on sex. Among other things, this means that courts no longer apply the presumption that a father has a “superior” right to pass along his last name. Both parents, regardless of sex or gender, have an equal say in deciding their child’s name.
Judge Finds Lack of “Extreme Circumstances” to Justify Adding Hyphen to Child’s Name
So what happens when one parent wants to change a child’s last name and the other parent disagrees? As the Appellate Court of Maryland explained in a decision from earlier this year, In the Matter of Becker, state law “recognizes two distinct situations,” The first is where the parents agreed on the child’s name at birth. The other is where there was no such agreement.
In the latter case, the legal presumption that both parents have an equal say remains in force. This means if it is left to the court to decide the child’s last name, the judge must make the final decision based solely on the consideration of a child’s “best interests.” If the parents previously agreed upon a last name, however, the court must also determine that “extreme circumstances” justify a name change.
Put another way, a parent seeking to change a previously agreed-upon last name has the additional burden of proving the existence of an extreme circumstance affecting the child.
As it turned out, the Becker case before the Appellate Court did not meet that threshold. The litigation involved two female parents who were previously in a same-sex relationship. (They were engaged but never married.) The parties, whose last names are Sico and Becker, respectively, decided to conceive a child together using In Vitro Fertilization. Sico carried the child, who was artificially conceived using Becker’s eggs and donor sperm.
Just before the child’s birth, the couple announced the child would carry the name Bodhi Sico Becker. About a year later, however, Sico and Becker separated. Litigation over custody of the child followed. As part of that litigation, Sico filed a petition requesting the court change the child’s name to Bodhi Sico-Becker, specifically adding a hyphen to emphasize that the child carried the last names of both parents.
The trial court determined that, notwithstanding Sico’s contentions, the two women had agreed upon the unhyphenated name of “Bodhi Sico Becker.” As such, the burden was on Sico to prove there were “extreme circumstances” justifying a name change. The judge determined Sico could not meet that burden and therefore denied her request to add a hyphen to her child’s name. The Appellate Court later affirmed that decision.
Contact a La Plata Child Custody Lawyer Today
As the nature of families continues to evolve in Maryland, the legal system must continue to adapt to changing times. Our La Plata child custody lawyer can advise you on your own family’s legal situation. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.
Source:
scholar.google.com/scholar_case?case=17051675378414322878
