U.S. couple sues after baby denied mother's name

The National Post ^ | May 16, 2002 | Sarah Schmidt

[Pern]

A married couple is suing the District of Columbia after they were denied the right to give their baby the mother's last name.

Margaret McGilvray and Daniel Redmond had a son, their first child, on March 11, and wanted to name him Alexander Hayden Redmond McGilvray. Their plan was thwarted when hospital officials in Washington, D.C., told them the practice was outlawed.

A guideline, written by Urbane Bass III, the district's chief of vital records, reads, "If the mother was married at the time of birth, the surname of the child shall be the legal surname of the father at birth."

"We were blown away that such an antiquated rule was on the books and still being upheld," Ms. McGilvray, a management consultant, said.

The district rejected the couple's application to register Alexander's birth under the couple's chosen name. Ms. McGilvray, 40, and Mr. Redmond, 35, responded this week with a lawsuit against the city, filed in the U.S. District Court in Washington.

The suit alleges the guideline is unconstitutional because it invades the couple's "liberty, privacy rights and their right to make family decisions free from government intrusion."

Tony Bullock, spokesman for Anthony Williams, the Mayor of Washington, yesterday said the district's political leadership is anxious to update the rule. "We're really just learning about this. Hats off to the couple who pressed the issue.

"This law has no place in modern times and is a throwback to a paternalistic view of the world which is no longer relevant."

[Pern]

Ok, it's their baby, and they can name him/her whatever they want to. Having said that, I remember when it was 'hip' to have a hyphenated last name. Personally, I stayed away from women that had hyphenated last names because most of them were 'feminists that blamed men for their woes' types. Not my bag.

[marrsstar4]

Daniel Redmond = Pu??y-whipped

[bimbo]

Daniel Redmond = Pu??y-whipped

Nah … I’d bet on the existence of a wealthy McGilvray grandpa anxious to pass on his name (and $$$$).

[Junior]

I stayed away from women with hyphenated last names because it indicated they were already married.

[ZinGirl]

huh? my niece has a hyphenated last name because her parents joined their surnames when they got married. my niece is 8 yrs old...and unless I didn't get an invitation to the wedding, she is not married. it stands to reason that when she is of dating age (probably around age 30, according to the father!), she will still be unmarried but with a hyphenated name.

[Squawk 8888]

I don't see why they're kicking up such a fuss. Under English Common Law one can live under any name one chooses regardless of what appears on the birth registration.

[Wurlitzer]

Look at it this way: If they win there will be one less law to deal with. That does not happen too often.

However, knowing government, they may pass five laws to support the new position.