No Right to Have Marriage Certificate Modified After Name Change

In In re Stroud, 361 Ga. App. 736 (2021), Shawn Stroud married Chelsea Lawson. At the time, Stroud’s legal name was Shawn Courtney Jr. Stroud went to Superior Court to have his name legally changed to Shawn Donovan Stroud. He then went to Probate Court where he filed a petition to have his old name changed to his new name on the marriage certificate. The Probate Court denied his petition and Stroud appealed.

The appeal was denied. The Court found that the case involved the interpretation of a statute so it was a de novo appeal. In such case, the plain error standard of review applies. O.C.G.A. § 31-10-23(a) provides that “[u]nless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records.” Where use of the word “may” concerns the public interest or affects the rights of third persons, it shall be construed to mean `must’ or `shall.'”

Appellants did not show  that their requested change would in fact protect the integrity or accuracy of their marriage certificate. They do not claim that the marriage certificate contains an error, just that Stroud’s name subsequently changed after the certificate was issued. Their marriage record accurately states Stroud’s name at the time of their marriage.