The ACLU of MS filed an appeal on behalf of our minor client, S.M.-B, who was denied a name change by the Hinds County Chancery Court, despite meeting all the requirments for a name-change, having an uncontested Petition and approval from both parents.
According to the appeal, on July 26, 2023, M.M. filed a petition to change name on behalf of her minor child, S.M.-B. On October 10, 2023, the Missisippi Department of Health made no opposition to the Petition and committed to update S.M.-B.’s birth certificate upon receipt of a court order.
The Chancery Court held a name change hearing on November 6, 2023. During a bench conference with the parents, M.M. and M.B., and their attorney, the chancellor orally denied the requested name change, later followed by entering an order denying the request to change S.M.-B.’s name, stating “Chancellor determined in her discretion that the Petitioner should mature before name change would be determined by the Court.”
Our client filed an appeal with the MS Supreme Court and a motion in the Hinds County Chancery Court to reinstate the case and grant the requested Petition. The motion to reinstate was denied.
To deny an adult or minor name change in Mississippi, evidence must exist that the Petitioner desires the name change for fraudulent purposes or to interfere with someone’s rights. These two are the only proper considerations. If no such evidence exists, a minor meeting these two name change criteria whose petition is uncontested is entitled to a name change without judicial discretion to reject the request.
The MS Supreme Court has granted oral arguments on February 5, 2025.
