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November 17, 2005

Child's Surname in Paternity Actions

The Iowa Court of Appeals recently held that Iowa paternity statute gives a court jurisdiction to order that a child be given his/her father's surname. Technically, these actions do not involve a name "change" simply because the mother has given the child a name on the birth certificate. "When a parent unilaterally chooses a child's name, the other parent may request the court to examine the name issue--as the mother does not have the absolute right to name the child because of custody due to birth. Consequently, she should gain no advantage from her unilateral act in naming the child."

The court ordered that the 14-month-old child should be given Father's surname as Mother was planning on remarrying and changing her name. Montgomery v. Wells (November 9, 2005).

Posted on November 17, 2005 in Custody | Permalink



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