Legal Question in Family Law in Utah

Name Change of Deceased Child
My neice has come to me for help with a very unusual situation.

Upon finding herself pregnant 23 years ago, she married a man that she was not really suited for. She gave birth to twin boys and at 6 months old, one of the twins died. She then had two more single births (girls) in this marriage and then obtained a divorce and full custody of the children. The father, after being garnished once for child support, gave up all rights to the children.

My neice married again and her new husband was able and very willing to adopt the children. The adoption went through very smoothly (the father had no objections) and all the children's names were changed.

Last year, the first husband died of a drug overdose. My neice has obtained permission to exhume her baby son's body and have it moved a 100 miles so that he would be close to her family and his siblings.

Now for the question: She would like to have the baby's name legally changed so that he has the last name of her husband and is a member of her family just the same as if he had lived. He would have been adopted just as the other children were had he not died.

Has there ever been a case where such a petition has been heard? What are the chances of her success?

Asked on 7/06/03, 3:59 pm

Alvin Lundgren Alvin R. Lundgren, L.C.

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Re: Name Change of Deceased Child

It is my experience that a court will not entertain a name change for the deceased. You may want to check with the district court in your area.

Answered on 7/06/03, 7:23 pm

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