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23-2223. Amendment of birth certificate to change name of parent or child; procedure. (a) Whenever the parents of a minor child desire that the child's birth certificate be amended to add the name of a parent, correct the name of either parent or of the child or change the child's last name to that of either parent, both parents shall appear before a judge of the district court or a hearing officer authorized by rule of the supreme court to accept voluntary acknowledgments of parentage. The parents shall execute affidavits in the presence of the judge or hearing officer, attesting to the fact that each is a parent of the child and that they desire to amend the birth registration of the child. If both parents are not residents of this state and are outside this state, both parents shall forward to such judge or hearing officer affidavits, sworn to before a judicial officer of the state in which they reside and attesting to the fact that each is a parent of the child and that they desire to amend the birth registration of the child.

(b) The judge or hearing officer shall require the parents to exhibit or to forward to the judge or hearing officer evidence of the birth of the child. If the judge or hearing officer finds that the birth certificate of the child fails to name either the father or mother of the child, that the name of either parent or the child is incorrect or that the child's name should be changed to that of either parent, the judge or hearing officer shall forward both parents' affidavits to the state registrar of vital statistics, together with a certified order to prepare a new birth registration in the manner provided by K.S.A. 23-2222, and amendments thereto, and to seal the affidavits, court order and original birth certificate and allow inspection of them only as provided therein.

(c) The judge or hearing officer shall return all evidence and other exhibits to the parents of the child. No fee shall be charged for the performance of this service. No case file will be opened in the district court, nor will any record be made by the court of the performance of this act.

History: L. 1986, ch. 157, § 4; L. 2014, ch. 116, § 4; July 1.

Source or Prior Law:

38-1130.

Law Review and Bar Journal References:

"Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 10, 36 (1996).

Attorney General's Opinions:

Changes in minor's birth certificate; parental consent. 88-102.

CASE ANNOTATIONS

1. Trial court lacks authority to change child's name on birth certificate without both parents' consent. Denk v. Taylor, 25 Kan. App. 2d 172, 173, 958 P.2d 1172 (1998).

2. Provision for child's change of name with consent of both parents does not preclude court granting name change on basis of being in child's best interest. M.L.M. v. Millen, 28 Kan. App. 2d 392, 15 P.3d 857 (2000).

3. District court has no authority to consider a child's last name change over one parent's objection. Stabel v. Meyer, 45 Kan. App. 2d 941, 259 P.3d 737 (2011).


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