In re Change of Name of E.M.L. to E.M.S., 2011 Pa. Super. 71

Appellants challenge a surname change granted to E.M.L., a fifteen-year-old who had lived with his foster family since age 1.5 and seeks to adopt their surname.
E.M.L. filed a Petition for Special Relief including a Petition for Change of Name through his attorney, a guardian ad litem.
A May 18, 2010 evidentiary hearing featured testimony from E.M.L. and his birth mother; Centre County CYS, the custodian, took no position.
The trial court granted the petition and entered a Decree of Name Change.
Appellants timely appealed, raising standing of the minor and whether the change was in the child’s best interests, under a de novo review standard for petitions to change a minor’s name.
The court reviewed under abuse-of-discretion standard and emphasized best interests, with E.M.L. represented by a guardian ad litem throughout.]
Issues: The number of issues should be at most 5, unless essential. Keep concise.
Note: Procedural posture is germane to issues only as needed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the minor have standing to petition himself for a name change?	Appellants contend minor lacks standing; statute provides no such authority.	E.M.L. may petition via guardian ad litem; no statutory prohibition.	No; standing exists; petitioner acted through guardian ad litem.
Was the name change in E.M.L.'s best interests, justifying discretion to grant?	Evidence insufficient; age concerns; change could affect birth family.	Record shows strong bond with foster family and lack of interest in birth family.	Yes; change in best interests; court did not abuse discretion.

In re: Grimes, 530 Pa. 388 (Pa. 1992) (broad discretion for name-change petitions; no criteria in statute; focus on best interests)
Petition of Falcucci, 355 Pa. 588 (Pa. 1947) (statutory scheme liberal; standing not strictly required to defeat petitions)
Petition of Christjohn, 286 Pa. Super. 112 (Pa. Super. 1981) (minor petitions generally permitted; procedures discussed)