Did She Change Her Son’s Name to That of an Idolized Indian Actor? What Did the Court Decide?
The change of the first name of a five-and-a-half-year-old boy was at the center of a recent proceeding in the Family Court in Safed. The boy was born to a single mother, with the father’s identity unknown, and because of the mother’s difficulties caring for him, he was declared a “child in need.” At birth, the boy was named after his grandfather, the mother’s father, who also serves as his foster parent and is the most significant figure in his life. The mother, by contrast, meets him only inconsistently. ● The inheritance battle is over, the son will receive hundreds of millions ● A mother asked to change her son’s surname to his father’s, claiming sperm theft
During a planning and treatment meeting held by the welfare authorities regarding the family, the caregivers were surprised to hear the mother say that she had approached the Interior Ministry and changed her son’s name from his grandfather’s name to that of an Indian actor she admires. When it was explained to the mother that this change was not consistent with the child’s best interests, given that he is being raised in a Haredi environment, she responded that as his mother it was entirely her right, and that in her view she could even change his name to “Mohammad” without anyone having the authority to interfere.
The authorities believed the mother made the name change as an act of defiance and as part of her struggle with the grandfather. A guardian ad litem was appointed for the minor and petitioned the court on his behalf to restore his registered name to its original one, arguing that the child has been identified throughout his life by a specific first name, and that any sudden and substantial change to his name could undermine the sense of stability and continuity needed for normal development, and harm his sense of belonging to his environment. It was further argued that choosing this specific foreign name could cause him embarrassment and a sense of alienation among his friends, kindergarten teachers and the community, and in fact the boy had already experienced an embarrassing incident connected to his new name before the staff at the clinic where he is treated. Given his young age, it was argued, the minor is unable to express his opinion and wishes, and the mother should therefore refrain from replacing his name with one disconnected from the continuity of his life and identity.
Another ruling from 2019
The Names Law allows parents to change the first name of a minor under the age of 10, while giving weight to the minor’s position, wishes and feelings according to his or her age and level of maturity. When there is no agreement between the parents, or when the authorities deem it appropriate to intervene, the matter is brought before a court. In this framework, the starting point is not the parent’s wishes, but the best interests of the minor, which is the central principle of Israeli family law.
In a 2019 ruling, a dispute between divorced parents was examined over the mother’s request to add another first name to their six-and-a-half-year-old daughter’s name, a name she commonly used for her. The data showed that since the divorce, the girl had been moving between two homes with very different lifestyles and characteristics, and at the same time between two different names. The mother and her circle referred to her by another name, and the mother sought to formalize this situation by registering the additional name with the Population and Immigration Authority. After reviewing the case, the court held that the request reflected part of an ongoing conflict between the parents, and that changing the name was likely to intensify the battle, and therefore did not serve the girl’s best interests. Beyond rejecting the request to register the additional name at the Interior Ministry, the court ordered steps to reduce the use of the additional name in daily life, including issuing instructions to the parents, especially the mother, to immediately reduce use of the additional name, and to instruct formal institutions, such as the school, to use only the official name.
In the case of the Haredi boy as well, the court ordered that the minor’s original name be restored, authorized his grandfather to sign any document required to carry out the change in the population registry, and ruled that any future change to the first name or surname would require judicial approval.
