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DE HB420

Bill

Status

Passed

7/17/2018

Primary Sponsor

Sean Lynn

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Amends Delaware Code Title 10 to modify the legal standard for court decisions on minors' petitions for name changes.

  • Establishes a presumption in favor of granting petitions when a parent or legal guardian seeks to add their surname to a minor's name (either as an additional name or hyphenated).

  • Extends the presumption in favor of granting petitions to legal guardians with permanent guardianship who seek to change a minor's entire name.

  • Requires an opposing parent or legal guardian to overcome the presumption by proving through clear and convincing evidence that the name change would cause the minor more harm than benefit, considering factors including: length of time the surname has been used, the minor's preference, effect on parent-child relationships, and the minor's family unit identification.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Minors' Petitions For Name Change.

Last Action

Signed by Governor

7/17/2018

Committee Referrals

Judicial & Community Affairs6/26/2018
Judiciary5/30/2018

Full Bill Text

No bill text available