Legal Question in Constitutional Law in California

names

in america can you legally name your baby ''fuck'' or change your name to it


Asked on 3/23/09, 1:52 am

2 Answers from Attorneys

David Beauvais David J. Beauvais

Re: names

Probably, but why would you want to visit that on your kid?

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Answered on 3/23/09, 2:13 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: names

In general, individuals have a First Amendment right to choose their own names, but there are limitations. Courts have refused name change petitions where the proposed name is "offensive to decency and good taste," see, e.g., In re Knight, 36 Colo. App. 187, 537 P.2d 1085 (Colo. 1975); In re Porter, 31 P.3d 519, 521 (Utah 2001); Petition of Snaphappy Fishsuit Mokiligon For Change of Name, No. 2005-NMCA-021 (N.M. App. 2004). I'm sure there are similar California cases on point if you were to do the research. Simply put, you're not going to find a judge who is going to grant an order changing your name to what you propose.

With regard to what to name the baby, There was just a case of a New Jersey couple who named their child "Adolf Hitler Campbell." The Campbells' local supermarket refused to spell the child's name on a birthday cake; and the child was taken by child protection authorities on various grounds including that naming one's child "Adolf Hitler" constituted child abuse. Since children can be taken in California at the whim of social workers, for nearly any reason, I would recommend you choose a less controversial name.

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Answered on 3/23/09, 2:25 am


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