Wing, Application of
| Decision Date | 29 November 1956 |
| Parties | Application of Eloise McCloud WING for herself and in behalf of Cheryl Ann Wing, Infant, asking for leave to change her name to Zakiyyah Ashraf and the name of said infant to Hafsah Ashraf. |
| Court | New York City Court |
Ivan A. Michael, New York City, for petitioner.
This is an application by Eloise McCloud Wing to change her name and the name of her eleven year old daughter Cheryl Ann Wing to Zakiyyah Ashraf and Hafsah Ashraf, respectively.
The petitioner has been separated and living apart from her husband, Harold Wing, for over two years and the infant has been living with and supported by the petitioning mother.
The petitioner has complied, technically, with the provisions of Article 6 of the Civil Rights Law with respect to contents of the petition and notice to the father of the infant. Sections 60 et seq., 62 of Article 6 of the Civil Rights Law, Chapters 643, 690, Laws 1953. The reason for the requested change is the considered decision of the petitioner to reject Christianity and embrace the Islam religion. She decided to become a Muslim and adopt the Muslim name for which she petitioned. Further, she states that her infant-daughter derives 'pleasure in learning and playing together with other Muslim children' and 'desires to be a Muslim with a Muslim name * * *.' The child 'attends classes regularly at the Mosque, in addition to attending her daily classes in public school * * *.'
The right of a person to change her name stems from the common law. A person may assume any name as long as there is no fraud, evasion or interference with the rights of others. This right was not restricted by Article 6 of the Civil Rights Law authorizing the change of name by judicial proceedings. Courts should approve a change of name requested by adult petitioners. Smith v. United States Casualty Co., 197 N.Y. 420, 90 N.E. 947, 26 L.R.A.,N.S., 1167; In re Kastenbaum, Sup., 44 N.Y.S.2d 2; In re Slobody, Sup., 173 N.Y.S. 514; Application of Wittlin, City Ct., 61 N.Y.S.2d 726. However, the change of name of infants should be approved or disapproved solely on the basis of the best interest of the infant. Application of Biegaj, City Ct., 25 N.Y.S.2d 85; Application of Simon, 1 Misc.2d 177, 148 N.Y.S.2d 14; Application of Wittlin, City Ct., 61 N.Y.S.2d 726.
The Civil Rights Law was amended by Chapter 690 of the laws of 1953 to permit one parent rather than both to make application for change of an infant's name. However, that amendment did not alter the law that such change will be approved only if 'the interests of the infant will be substantially promoted by the change.' Section 63.
This is a most unusual application for change of name. It is based on a change of religion. It does not appear from the application that a change in name is an essential part of the practice of the religion. However, assuming...
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