With the
holidays fast approaching, we are devoting this month’s name change blog
discussion to the Utah Supreme Court’s decision in the case In re Porter,
31 P.3d 519 (Utah Supr. Court 2001).
The Utah Supreme Court’s decision demonstrates the permissive approach
that the Utah courts have taken toward name change petitions. In general, a petition by someone to change
his or her first, middle or last name (or all three) must be granted by the
court unless the factual record before the court shows that the petition is
brought for a patently inappropriate motive (such as to commit a fraud).
In its decision, the Court held that the petitioner, David
Lynn Porter, was entitled to change his name to Santa Claus. The Utah Supreme Court held:
Petitioner had the right to change his name to “Santa
Claus,” as there was no sufficient likelihood of confusion, misunderstanding,
substantial mischief, or concern that some would be unwilling to sue a person
with such a name; petitioner conducted charitable and business activities in
the Santa Claus persona, and the name change would allow him to better conduct those
activities, and he already told others he was Santa Claus. U.C.A.1953, 42-1-1,
42-1-2.
In its decision, the court noted
that Mr. Porter’s although Mr. Porter’s proposed new name might complicate
matters for him in his personal and professional life, his purpose was entirely
lawful, and was not an effort to commit fraud or engage in any other
misconduct.
In
any event, the Utah Supreme Court’s decision gives Utah the great honor of
being the official state of residence of Santa Claus! Happy holidays from UtahNameChange.com
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