In Re: A.S.D.
175 A.3d 339
| Pa. Super. Ct. | 2017Background
- Petitioner A.S.D., a transgender woman who has lived as female for over six years, petitioned to change her legal name to one matching her female identity.
- She disclosed a 2009 conviction for a third-degree felony but alleged compliance with 54 Pa.C.S. § 702(c)(1) (more than two years since sentence completion and not under probation/parole) and submitted fingerprints to PSP.
- A.S.D. requested waiver of publication and sealing of the record; the court scheduled but apparently never held a waiver hearing and never held a hearing on the name-change petition itself.
- No objections were filed to the petition. Nevertheless, the trial court denied the petition citing the seriousness of the criminal record and imposed a 12-month waiting period before refiling.
- The Superior Court found the appeal timely, concluded no hearing had been held as required by governing precedent, vacated the denial, and remanded for a hearing consistent with In re Harris.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying petition without sufficient evidence | Petitioner: she met statutory prerequisites, no fraud, seeks name consistent with gender identity to avoid stigma/harassment | Trial court: denial warranted because of serious criminal record (asserted discretionary concern) | Vacated: denial set aside because no hearing was held; remand for required hearing |
| Whether court could impose an extra 12-month waiting period not in statute | Petitioner: statute requires only two-year wait after sentence completion; no additional delay permitted | Trial court: imposed 12-month delay as a discretionary condition | Implied rejection: remand for hearing; concurrence stresses extra waiting period is an abuse absent statutory basis |
| Whether a hearing is required before denying a name-change petition (esp. for transgender petitioner) | Petitioner: hearing is required but record shows none held; petition unopposed and statutorily compliant | Trial court: proceeded to deny without holding the statutorily mandated hearing | Held: hearing is required; failure mandates vacatur and remand (per In re Harris) |
| Proper scope of inquiry at hearing (fraud vs. identity) | Petitioner: inquiry should be limited to statutory concerns (fraud/creditor avoidance); identity-based reasons are legitimate | Trial court/objectors: court may consider seriousness of criminal history | Held: remand required; concurrence emphasizes hearing should focus on statutory concerns and not probe unnecessary matters; absent fraud, petition should be granted if statutory requirements met |
Key Cases Cited
- In re Zachary Thomas Andrew Grimes, 530 Pa. 388, 609 A.2d 158 (1992) (established abuse-of-discretion standard and Falcucci principle on fairness in name-change cases)
- Harman v. Borah, 562 Pa. 455, 756 A.2d 1116 (2000) (defines abuse of discretion and appellate review limits)
- Petition of Falcucci, 355 Pa. 588, 50 A.2d 200 (1947) (courts should exercise discretion to comport with good sense, common decency, and fairness)
- In re Miller, 824 A.2d 1207 (Pa. Super. 2003) (scope of review limited to sufficiency of evidence; judicial involvement centers on preventing identity changes to avoid financial obligations)
- In re Harris, 707 A.2d 225 (Pa. Super. 1997) (requires a hearing after statutory prerequisites are met; failure to hold hearing mandates vacatur and remand)
- In the Matter of Robert Henry McIntyre, 552 Pa. 324, 715 A.2d 400 (1998) (reiterates Falcucci standard on discretionary exercise)
- Commonwealth v. Goodman, 544 Pa. 339, 676 A.2d 234 (1996) (notes statutory penalty applies to those changing identity to avoid debts; informs statutory purpose)