The father of a child born in 2021 sought to add his name (and a hyphen) with that of the mother by means of a name change petition.

Having prevailed in the trial court, the granted petition was reversed by the Tennessee Court of Appeals

Unless both parents request otherwise, the surname on the birth certificate of a nonmarital child is that of his or her mother. Tenn. Code Ann. § 68-3-305(b). Anyone who petitions the court to change a child’s surname, including a biological parent, bears the burden of proof to demonstrate, by a preponderance of the evidence, that “the change promotes the child’s best interests.”

The court evaluated the relevant factors set out in the case law

Clearly, both families are long-time residents of Middle Tennessee, and both families are upstanding and involved members of the community. As Mother’s counsel stated at the hearing, “[t]hese are all hard-working people, good people, law-abiding people.” Nothing in the record indicates that either surname would cause the child “difficulty, harassment, or embarrassment.” The record does not suggest that Father has benefited from his surname in an identifiable way or that it is more well-respected than Mother’s.

Thus Father did not meet his burden of proof

Although Father failed to meet his burden of proof to show that a change of surname would be in the child’s best interest, it is apparent that no matter the child’s last name Father will be perceived as an actively involved father by virtue of his participation in the child’s life. As noted by Mother’s counsel, “regardless of what this child’s last name is, there are people on both sides that can help open doors. But it will also depend on the child growing up to take advantage of those circumstances however they may be available.”

(Mike Frisch)