Sacklow v. Betts

Sacklow v. Betts

Opinion

 [*427]  [**368]   SILVA, J.S.C.

The matter before this court is one of first impression in this state. Plaintiff has petitioned this court to change the parties' sixteen-year-old transgender child's name from Veronica Betts to Trevor  [**369]  Adam Betts.¹ The question facing this court is the standard to apply and which factors the court should consider. As more fully explained herein, the court finds that ] the best interest of the child standard should govern the court's decision and that the following factors should be considered when determining whether a name change is in the minor child's best interest, where the minor child is transgender and wishes to assume a name they believe corresponds to the gender they identify with:

(1) The age of the child;

(2) The length of time the child has used the preferred name;

(3) Any potential anxiety, embarrassment or discomfort that may result from the child having a name he or she believes does not match his or her outward appearance and gender identity;

(4) The history of any medical or mental health counseling the [***2]  child has received;

(5) The name the child is known by in his or her family, school and community;

(6) The child's preference and motivations for seeking the name change;

(7) Whether both parents consent to the name change, and if consent is not given, the reason for withholding consent.

I. Procedure to Change a Minor's Name

] The application for a minor's name change implicates various procedural requirements. First, pursuant to N.J.S.A. 2A:52-1 and Rule 4:72-1(a), an application to change a minor's name shall be commenced by filing a verified complaint setting forth the grounds for the application.

The complaint shall contain the date of birth of the minor child and shall state:

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