Legal Question in Constitutional Law in New York
Is there any law using the constitution which allows you to change your name without paying court fees and having to ask for the courts approval ?
I have heard of a common law right for an adult to change name pursuant to article 111, section xv. Though I do not know where to find this law.
Asked on 9/23/09, 8:31 pm
1 Answer from Attorneys
Locksley Wade
Law Office of Locksley O. Wade
There is no such section in the U.S. Constitution. Name changes and other similar matter are considered probate, surrogate, family and domestic relations matter that are primarily state court functions. The federal government and the federal courts defer theses matters to state governments as long as there is no infringement on an individual's the federal rights. Accordingly, any adult can petition their state court for a name change.
Answered on 9/28/09, 10:12 pm