In Sacklow v. Betts, a case of first impression, Hon. Marcia Silva, J.S.C. a Chancery Division judge in Middlesex County, decided that the “best interest of the child” standard applies when a considering whether to allow a transgender child to change his or her legal name.
Janet Sacklow, the child’s mother in this case, petitioned the Chancery Division to change the name of the parties’ 16 year old transgender child from Veronica to Trevor, arguing that this was in the child’s best interest because her child is transgender, identifies as a male, and has been undergoing treatment for gender dysphoria. Richard Betts, the child’s father, initially opposed the name change, but after cross examining the child, he was willing to consent to changing Veronica’s name to Trevor even though he still nonetheless expressed his concern about whether this name change was in the best interest of the child.
Judge Silva first discussed what standard a court should use when considering a request to change the name of a transgender child, and decided that the “best interest of the child” standard is the applicable standard. The factors listed by Judge Silva that should be applicable are as follows: