There is a newer version of the Code of Alabama
AL Code § 26-11-3 (2016) What's This?
Section 26-11-3Procedure for change of name of child upon petition by father generally; notification of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have. Such petition shall be filed in the office of the judge of probate of the father's residence or the child's residence.
(b) Upon the filing of the petition for name change, notice shall be given to the child's mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's mother shall, within 30 days after receiving notice, file her objection or consent to the name change with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother's response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child. The court shall issue an order of name change or denial of name change.
Upon change of the name of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
(Code 1852, §2010; Code 1867, §2406; Code 1876, §2744; Code 1886, §2366; Code 1896, §366; Code 1907, §5201; Code 1923, §9301; Code 1940, T. 27, §12; Acts 1981, No. 81-800, p. 1407, §2.)
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As a legal expert with a comprehensive understanding of the topic, I bring to the forefront a nuanced comprehension of the Code of Alabama, specifically Title 26, Chapter 11, Section 26-11-3, which pertains to the procedure for changing the name of a child upon petition by the father, particularly in the context of legitimation.
In the legal landscape of Alabama, the provisions outlined in Section 26-11-3 govern the process and requirements for a father seeking to change the name of a child. The procedure initiates with the father submitting a petition either at the time of filing the declaration of legitimation or subsequently. The petition must detail the current name of the child and the desired name. Crucially, this petition is filed in the office of the judge of probate of either the father's residence or the child's residence.
Upon filing the petition, a series of steps are triggered. Notice is to be provided to both the child's mother and the child in accordance with the Alabama Rules of Civil Procedure. Notably, the mother has a designated window of 30 days to file her objection or consent to the proposed name change with the probate court. If the mother objects or if the court deems it in the best interest of the child, a guardian ad litem may be appointed by the probate court to represent the child.
Subsequently, an informal hearing is conducted by the probate court, wherein interested parties can present evidence. The purpose of this hearing is to determine whether the proposed name change aligns with the best interests of the child. Following the mother's response or the lapse of the designated time, the probate court issues an order either approving or denying the name change.
Upon the successful change of the child's name, a certified copy of the court minutes is sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and the Registrar of Vital Statistics of the county where the petition was filed within 30 days of recording the minutes.
The historical evolution of this legal provision is also highlighted in the provided information, tracing back to the Code of 1852. It's important to note that the disclaimer accompanying the text emphasizes the dynamic nature of legal codes, suggesting the possibility of more recent versions with updated information.
In summary, the outlined procedure in Section 26-11-3 of the Code of Alabama meticulously details the steps and considerations involved in a father's petition to change the name of a child, ensuring a comprehensive and legally sound process.
