City of lowell birth records


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May 18, , parts of Chelmsford and Dracut annexed. June 5, , part of Tewksbury annexed. June 23, , act of May 18, , accepted by Lowell. May 17, , part of Tewksbury annexed. Anne's Episcopal Church. The birth certificates in the record before us show the father's name, birthplace and age, but not the date or place of his marriage; there is no cross-reference to his birth or marriage record, and no assurance that he bore the same name at birth or on his marriage, either or both of which may have taken place outside Massachusetts.

In practice the supposed ease of tracing ancestral chains is often a chimera. We recognize that a foolish choice of name may have undesired consequences. Registrars of Voters of Worcester, Mass. City and town clerks are not empowered to prevent such folly.

In argument the defendants disclaimed any right to review first or middle names. Neither the common law nor our statutes give them any greater right to review surnames. Names of legitimate children. There is no statutory provision as to the parents' choice of a child's surname. We read the reference in G.

Judicial decisions on the matter are sparse. We put to one side cases of disputes between parents.

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See Fuss v. Fuss No. Nor do we consider the possible claim of a "mature minor," since no such claim is included in the record before us. See Baird v. Attorney Gen. There has unquestionably been a widespread custom in this country to give a child the surname of its father.

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Bell, 95 Ohio App. Mosier, 35 Okla. Consistently with what we have said above, we think this has been a matter of parental choice rather than a matter of law. We once assumed that "the right to name a child belongs to its parents, and ultimately to its father.

Tewksbury Almshouse Intake Sample Records [1854-1884]

Libbey, Mass. A father with no adverse interest may as next friend assert legal rights on behalf of his minor children. Stevens v. Cole, 7 Cush. In several of our cases on change of name the proceeding has been brought by husband and wife and their children. Merolevitz, petitioner, Mass. We think the common law principle of freedom of choice in the matter of names extends to the name chosen by a married couple for their child. They may change their own names at will, and need not have the same surname.

It seems to us to follow that they need not give their child the father's surname, though of course they may. In Doe v. It is a short step to the conclusion that it is proper to record the child's surname as a hyphenated combination of the father's surname and the mother's maiden name, in whichever order they choose.

It is less clear that parents are free to select as the name of their child a surname borne by neither of them. In one of the specific cases alleged in the complaint parents named D sought to name their daughter F, and one of the defendants instead recorded her name as D. We think that the principles of freedom of choice and parental control extend to this case also.

We note the suggestion of the Attorney General, "in the interest of avoiding confusion and ensuring a minimum of problems in searching for birth records," that the Registrar and the various clerks may wish to utilize their powers by cross-indexing such births under the surnames of the parents. Names of illegitimate children. It has been reported that under English law an illegitimate child acquired no name at birth, and could acquire a surname only by reputation.

See W. Hooper, Illegitimacy Usually the illegitimate child bears the mother's name, but statutes have sometimes permitted the child to take the father's surname in cases of legitimation or in other defined circumstances. See H. Krause, Illegitimacy: Law and Social Policy Zepeda v. Zepeda, 41 Ill. Sears, 15 Ohio St. One court granted an application for change from Joseph M.

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In re M. In re Biegaj, 25 N. We do not consider any question with respect to a dispute between the parents. Gardner v. Rothman, Mass. Nor do we consider the possible claim of a "mature minor. Our own decisions are inconclusive. In Curran, petitioner, Mass. It will serve no useful purpose to enter upon a discussion as to the present legal name, if any, of the child.

See Commonwealth v. MacKenzie, Mass. Hall, Mass. We think it follows that, at least in the absence of objection from the putative father, she has, in general, the same right to control the initial surname of the child as the parents of a legitimate child. We reserve for another day the question whether, in the absence of a written request of both father and mother, the mother of an illegitimate child may give him substantially the same name as his putative father's, for example, his father's entire name followed by "Junior.

But we leave open the possibility that, in some circumstances, the name of the child might be used to evade the statutory prohibition against naming the father. If there has been no consent of the father, no acknowledgment of paternity by him, and no adjudication of paternity, there is also the possibility of a dishonest purpose to harass the alleged father. The plaintiffs seem to suggest that the statute is unconstitutional by reason of an invidious discrimination between legitimate children and illegitimate children.

None of these questions is properly presented by the pleadings and the stipulation of facts, and none of them is adequately argued.

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The facts are to be proved by affidavits. The clerk must be "satisfied as to the identity of the persons and the facts"; in certain cases there must be "evidence substantiating such facts beyond all reasonable doubt," and the affidavits and evidence are to be approved by a judge of probate or a judge of a District Court.

Nothing in these statutes requires or forbids any change of name on the part of either parents or child, and we hold that the principles of freedom of choice and parental control are in no way limited. Neither the city or town clerk nor the approving judge or justice may properly insist that any of the parties retain or assume any particular name. Correction of records.

Except as provided by statute, city and town clerks have no right or duty to change a birth or marriage record to reflect events after the record is made. But if the record does not contain all the required facts, or if the facts are not correctly stated in the record, G. In most of the specific cases referred to in the complaint and in the stipulation of facts, corrections have presumably been made in accordance with the interlocutory order of the single justice, and those corrections should stand.

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  • Other specific cases, including those referred to in the plaintiffs' motion for summary judgment, should now be considered or reconsidered in accordance with this opinion. There is no duty on the part of city or town clerks to seek out people who have been aggrieved by their past decisions, but they may informally assist those of whom they are currently aware to take corrective steps.