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Both legal parents have the right to name a child or to request a name change. However, one parent can't change a child's name without the approval of the other parent. Thus, if the mother doesn't approve, then the father requesting the name change must file a petition with the court for a decision.
Petitioning a court to change a child's name is usually not difficult. It will require a few basic forms, which you can often download for free from the website of your county court. However, a judge will approve the name change only if it is in the child's best interest.
Married ParentsYou can make any changes you like to the baby's first and middle names, but under Tennessee name change law, the child's surname can only be changed to the mother's surname, the mother's maiden name, the father's surname or any combination of these.
Usually, for a vaginal delivery, you may have 24 to 48 hours to name your baby before the mom is discharged home. If you have a C-section, you may have up to 72 hours to name your baby prior to being discharged home." But yes, it is possible to leave the hospital without a name.
First, you file the Petition for Change of Name for your child. Then, you will get a court date between 6 and 12 weeks away. If the court approves your request, you will get a court order called a "decree" changing your child's name. The court process can take up to 3 months, though in busier courts it may take longer.
To change the name of a minor in the State of Tennessee, both parents or legal guardians of the child must sign the petition and appear before the chancellor. A step-parent can only consent to the name change of a minor if the parental rights of the natural mother or father have been terminated.
A notarized affidavit, signed by all parents listed on the birth certificate, which shows the child's full name, date of birth, the incorrect name as it is listed on the certificate and the name as it should be correctly listed. No fee is required to amend a certificate that is less than one year old.
The judge usually requires a hearing before approving a child's name change without both parents' consent. The hearing is called a "prove up" or an "uncontested" hearing. This is a short hearing where the judge can ask you some questions before deciding whether to approve the child's name change.