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In Re: Rebecca Elizabeth Feldhaus A/K/A Rowan Elijah Feldhaus

CourtCourt of Appeals of Georgia
Docket No.A16A1770
DecidedJanuary 20, 2017
Reporter124 Ga. App. 603
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawStatutory InterpretationConstitutional LawReversalRemand
Case Summary

Two transgender petitioners sought court orders changing their names. Rebecca Elizabeth Feldhaus requested the name Rowan Elijah Feldhaus, and Delphine Renee Baumert requested the name Andrew Norman Baumert. The trial court denied both petitions, reasoning that the proposed names could confuse or mislead the public and that a transgender person’s name change could amount to fraud. The Court of Appeals reversed. Georgia’s name-change statute required notice and prohibited a change made to defraud another person, but the record contained no evidence that either petitioner acted with an improper or fraudulent motive. Generalized concerns about confusion, gender, or public sensibilities were not a lawful basis for denying an otherwise proper petition. The court directed the trial court to enter orders granting both name changes and did not reach the petitioners’ constitutional arguments because the statutory ruling resolved the appeals. The judgments were reversed and remanded with direction. Two judges concurred.

Opinion

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In Re: Rebecca Elizabeth Feldhaus A/K/A Rowan Elijah Feldhaus — The Atlanta Gleaner