A gender-affirming legal name change can be an important step in aligning a person’s legal documents with the name they actually use.
In In re Feldhaus, 340 Ga. App. 83 (2017), the Court of Appeals of Georgia addressed transgender adults who filed under O.C.G.A. § 19-12-1 and held that their petitions could not be denied absent evidence of fraud or other improper motive. Id. at 84-85.
That makes one point clear under Georgia law: a gender-affirming reason for a name change does not, by itself, justify denial. Id.
Georgia’s Basic Name-Change Statute
O.C.G.A. § 19-12-1 allows an individual who wants to change their own name, or the name of their child, to file a verified petition in the superior court of the county of residence, and the petition must set out fully and particularly the reasons for the request. O.C.G.A. § 19-12-1(b).
Unless a safety-based exception applies, the petitioner must publish notice once a week for four (4) consecutive weeks in the county legal organ within seven (7) days after filing, and the notice must identify the pending case and advise interested or affected parties of the right to object. O.C.G.A. § 19-12-1(d).
If no objection is filed and proof of publication is made, an adult petition may be heard after 30 days from filing. O.C.G.A. § 19-12-1(h)(1).
Georgia law also provides a protected procedure for petitioners who allege they are victims of family violence or human trafficking, allowing the court to seal the case and waive publication if the statutory conditions are met. O.C.G.A. § 19-12-1(c).
Gender-Affirming Name Changes and In re Feldhaus
In In re Feldhaus, the Court of Appeals reversed orders denying name changes to Rowan Elijah Feldhaus and Andrew Norman Baumert, two (2) transgender petitioners whose requests had been rejected as allegedly confusing or misleading to the public. 340 Ga. App. at 83.
The Court of Appeals held that there was no evidence either petitioner sought a name change for a fraudulent or improper purpose. Id. at 84-85.
The decision relied on O.C.G.A. § 19-12-4, which the court quoted as providing that Georgia’s name-change chapter does not authorize a person to change a name “with a view to deprive another fraudulently of any right under the law.” Id. at 84.
The court also relied on Fulghum v. Paul, 229 Ga. 463 (1972), which states that, absent statute or judicial adjudication to the contrary, Georgia law does not prohibit a person from taking or assuming another name so long as the name is not assumed for the purpose of defrauding others through a mistake of identity. In re Feldhaus, 340 Ga. App. at 84 (citing Fulghum, 229 Ga. 463 at 463).
Just as importantly, in In re Feldhaus the court of appeals explained that speculation about public confusion is not enough, by itself, to deny a petition where there is no evidence of fraud. 340 Ga. App. at 84-85.
For transgender Georgians, that appellate decision is the key published authority confirming that the ordinary Georgia name-change process can be used for a gender-affirming name change.
Updating Records After the Court Order
After a superior court enters a legal name-change order, to update certain records and licenses a certified copy of a marriage certificate, court order, or other certified documentation of the legal name change will be needed to update the name on that record or license,
Are You Ready?
Georgia law provides a clear process for legal name changes, and In re Feldhaus confirms that a gender-affirming reason for a name change is not, by itself, a valid basis to deny a petition absent evidence of fraud or another improper motive.
If you are considering a gender-affirming name change or any other legal name change in Georgia, The Sellers Law Firm, LLC, can help you move through the process with confidence.
From preparing the petition to addressing notice requirements and next-step record updates, The Sellers Law Firm, LLC, is ready to help you pursue a legal name that reflects who you are. Contact the firm today online HERE or by phone at (770) 415-9848 to discuss your situation and get started.