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Court Could Not Require Parolee to Submit Psychological and Medical Proof In Support of Name-Change Petition

In this case the Fourth Department determined the court could not require petitioner, a parolee, to provide psychological and medical proof in support of a petition for a name change.  The Fourth Department wrote:

 …[W]e agree with petitioner that the court erred in requiring him to provide psychological and medical proof in support of the amended petition; such proof is irrelevant when the petitioner seeks only to assume a different name, “not a declaration of a gender ‘change[] from male to female’ ” …. Here, petitioner has not requested a declaration regarding gender, but by the amended petition has asked the court “only to sanction legally petitioner’s desire for a change of name, after satisfying itself that petitioner has no fraudulent purpose for doing so and that no other person’s rights are interfered with thereby” ….  Matter of Anonymous, CA 12-02056, 426, 4th Dept, 5-3-13

 

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