Jurisdiction — Persons Ineligible — Inmates

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Change of Name — Correction of Errors in Birth Certificates
  5. Jurisdiction — Persons Ineligible — Inmates

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  1. The circuit, probate and county courts have concurrent jurisdiction to change names and to correct errors in birth certificates on the application of a resident of the county in which the application is made.
    1. Notwithstanding any other law to the contrary, persons who have been convicted of the following offenses shall not have the right to legally change their names:
      1. First or second degree murder; or
      2. Any offense, the commission of which requires a sexual offender to register pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
    2. If the court has reason to believe that the petition is being made to defraud or mislead, is not being made in good faith, will cause injury to an individual or to compromise public safety, then the petition shall be denied.
    3. If the person seeking to have the person's name changed has a felony conviction, other than for those offenses enumerated in subdivision (b)(1), then the petition is presumed to be made in bad faith, to defraud or mislead, to cause injury to an individual or to compromise public safety. The name change shall not be granted unless the individual requesting the name change proves by clear and convincing evidence that the petition is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual and will not compromise public safety.
    4. This subsection (b) shall not apply if the name change is the result of a lawful marriage, marital dissolution or adoption.
  3. No public funds shall be expended to change the name of any person who is an inmate in the custody of the department of correction.

Code 1858, § 3636 (deriv. Acts 1827, ch. 16, § 1; 1851-1852, ch. 338, § 1); Shan., § 5402; mod. Code 1932, § 9561; impl. am. Acts 1949, ch. 127, § 2; C. Supp. 1950, § 9561; Acts 1951, ch. 202, § 38; modified; Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-801; Acts 1995, ch. 548, § 1; 1998, ch. 756, § 1; 2009, ch. 385, § 1.

Cross-References. Change of name in adoption proceedings, §36-1-115.

Jurisdiction of courts, §§16-10-107,16-16-107.

Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 1-8-11, 1-8-11A.

Tennessee Jurisprudence, 19 Tenn. Juris., Names, § 1.

Law Reviews.

Change of Names, Legitimation, and Adoption, 19 Tenn. L. Rev. 418.

Pleadings, Motions and Pre-Trial Procedure, 4 Mem. St. U.L. Rev. 219.

The Tennessee Court System (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 189.

The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.

The Tennessee Court System — Probate Courts, 8 Mem. St. U.L. Rev. 461.

Attorney General Opinions. A court of competent jurisdiction may grant a name change to a non-U.S. citizen who is a resident of the county in which the court sits as long as that person complies with the relevant provisions of Tennessee law and the name change is not done for any fraudulent purpose, OAG 01-104 (6/27/01).

Comparative Legislation. Change of name:

Ala.  Code §12-13-1.

Ark.  Code §9-2-101 et seq.

Ga. O.C.G.A. §19-12-1 et seq.

Ky. Rev. Stat. Ann. § 401.010 et seq.

Miss.  Code Ann. §93-17-1 et seq.

Mo. Rev. Stat. § 527.270 et seq.

N.C. Gen. Stat. § 101-1 et seq.

Va. Code § 8.01-217.

Cited: Cunningham v. Golden, 652 S.W.2d 910, 1983 Tenn. App. LEXIS 544 (Tenn. Ct. App. 1983).


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