In Re Zhan
37 A.3d 521
N.J. Super. Ct. App. Div.2012Background
- Appellant Xiangjing Zhan and his minor daughter are lawful permanent resident aliens.
- Zhan filed a verified complaint to change his daughter's name from Honghong to Michelle.
- Trial court dismissed the complaint, holding the name change statute applies only to U.S. citizens.
- Judge relied on Pirlamarla (pre-9/11) and claimed federal immigration law preempts state name-change relief.
- Appellant appealed, arguing the statute applies to any person and is not preempted by federal law; the matter was remanded to consider the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does N.J.S.A. 2A:52-1 to -4 allow permanent resident aliens to change names? | Zhan contends 'any person' includes aliens. | Trial court held relief is limited to citizens. | Yes; statute applies to permanent resident aliens. |
| Does federal law preempt the state name-change statute for aliens? | Zhan argues no preemption; state relief is compatible with federal process. | Trial court asserts federal law preempts state action on name changes. | No preemption; state relief is not prohibited by federal law. |
| Should the case be remanded for merits instead of dismissal based on citizenship? | Zhan maintains the merits should be considered under the statute. | Trial court dismissal barred by statutory interpretation and lack of citizenship requirement. | Remand to review merits under the statutory standard. |
Key Cases Cited
- Matter of Bacharach, 344 N.J. Super. 126 (App.Div. 2001) (name-change relief generally favored; limits must be justified)
- In re Application of M., 91 N.J. Super. 296 (Ch. Ct. 1966) (limits on approving obscene or improper name changes)
- Application of Lawrence, 133 N.J. Super. 408 (App.Div. 1975) (avoidance of personal policy-based denial in name changes)
- Matter of Eck, 245 N.J. Super. 220 (App.Div. 1991) (male applicant may adopt traditional female name absent fraud)
- Application of Ferner, 295 N.J. Super. 409 (Law Div. 1996) (full name change to a single name permitted)
- In the Matter of Jackson, 177 N.J. Super. 591 (Law Div. 1981) (prison inmate may adopt a name consistent with First Amendment principles)
- Pirlamarla, 208 N.J. Super. 112 (Law Div. 1985) (plain meaning of 'any person' includes permanent resident aliens)