There are some restrictions on what you can legally name your child in the United States, but overall the naming laws are quite permissive compared to other countries. With that said, there are still some guidelines and regulations parents need to follow when selecting a name for their baby.
Naming Laws By State
Naming laws are handled at the state level rather than the federal level in the US. So the specific laws and restrictions regarding baby names vary from state to state. Some states have more stringent naming laws on the books than others.
For example, states like California, Massachusetts, and Texas have very few naming restrictions. As long as the chosen name doesn’t contain numeric characters or obscene words, almost anything goes in these states when naming your baby. Other states like Tennessee and New Jersey have stricter laws that prohibit using numerals, obscenities, or symbols in baby names.
Some states even expressly prohibit certain names. For instance, in New Mexico, you cannot legally name your child “Lettuce” or “ABCDE.” Similarly, Rhode Island restricts parents from using nicknames, titles, or numbers as legal names. And Louisiana prohibits hyphenated last names as well as someletters, such as M, F, and Q. So naming laws truly run the gamut across different states.
Banned Names
While outright bans on specific baby names are uncommon in the US, some states do expressly prohibit certain names. As mentioned, New Mexico bans names like “Lettuce” and “ABCDE.” Most often, banned names fall into a few categories:
- Obscenities or swear words
- Numerals or pictographs
- Symbols or punctuation
- Titles or prefixes
- Words that don’t have accepted English spellings
Names that are considered obscene or offensive, like racial slurs or curse words, are typically prohibited by state naming laws. Most states also don’t allow numbers, pictographs, or symbols to be used in names. So you couldn’t legally name your child something like “5” or “&hearts”.
Some states specifically ban titles or prefixes from being used as first names. For example, you may not be able to legally name your child “King” or “Princess” in certain states. Made up names with non-standard spellings are banned in some states as well.
In addition to these broad name categories that individual states prohibit, some have bans on very specific names. As mentioned earlier, New Mexico doesn’t allow the names “Lettuce” or “ABCDE.” Neither does California. And names that contain an umlaut or accent mark over a letter are often considered illegal, like José or Renée, since most government computer systems can’t handle special characters.
Challenging a Name Rejection
If your state rejects the name you’ve chosen for your child, you may be able to challenge the decision. Typically, parents have to submit paperwork or appear before a judge to make an argument regarding their name choice. The process differs by state.
To be successful, parents often have to demonstrate that the name they’ve selected has cultural, ethnic, or religious significance to them. For example, the name “Jesus” has been banned in some states, but parents have successfully challenged those rejections by explaining the name’s importance to their Christian faith.
Parents also sometimes argue that their child’s proposed name is important to maintaining a family tradition. Ultimately, it comes down to making the case that your name choice is reasonable and that you have the right to select that moniker for your child.
Getting a Name Change Later On
If your chosen baby name gets rejected by your state at birth, that doesn’t necessarily preclude you from legally changing your child’s name to that choice later on. Once a child turns 18 years old, they can pursue an official name change through the court system if desired.
Parents may also be able to legally change their baby’s name after the initial rejection if they’re willing to go through the name change process. This typically involves petitioning the court and publishing notifications of the proposed name change in local newspapers.
So if your state strikes down your name choice when you first try to name your newborn, you may still have options to eventually get the name approved through a formal name change. It just requires going through some administrative hoops.
Creative Naming Options
If you live in a state with strict naming laws, you’re not necessarily out of luck when it comes to choosing a creative or unique baby name. You’ll just have to get a bit more creative with how you construct the name.
For example, rather than naming your child a symbol like “&hearts”, you could use the spelling “Hart” instead. Or instead of choosing a title like King, you may have better luck with something like Royal.
Here are a few other creative naming ideas to consider if your state has stringent naming restrictions:
- Invent completely original words as names
- Create unique spelling variations of more common names
- Use surnames or word names as first names
- Combine two names together for a new name
- Use names from mythology or fiction
- Choose names in foreign languages and alternate spellings
Getting creative with the name’s spelling or sound can allow you to establish a unique identity for your child while still following official naming guidelines. So don’t despair if your state has restrictive naming laws – just put on your creative thinking cap!
The Name Approval Process
When you submit your baby’s name at their birth, here is typically what happens:
- Hospital staff will review the name and notify you if it goes against state naming laws
- If approved, the name will be added to the birth certificate application
- Once submitted, the state vital records department will process the birth certificate
- If the name is rejected at the state level, you will be notified and given the option to choose a new name
- Some states require a hearing for you to appeal a name rejection
Keep in mind that the hospital and state do have the right to ultimately reject a name if they determine it goes against existing naming regulations. To avoid hassles, research your state’s naming laws before settling on a name.
Unconventional Names in the US
Even with some naming restrictions, American parents have come up with plenty of creative, unconventional baby names over the years. Here are some interesting examples of unique names that were approved in the US:
| Name | Pronunciation |
|---|---|
| Moxie CrimeFighter | Mock-see Crime-Fight-er |
| Jermajesty | Jer-mah-jes-tee |
| Tu Morrow | Too Morrow |
| Finley | Fin-lee |
| Tansy | Tan-zee |
As you can see, everything from invented words to creative spellings have been approved as legal names in parts of the United States. So even though some naming restrictions exist, there’s still plenty of leeway for originality.
International Naming Laws
Compared to other countries, naming laws in the US are actually quite relaxed. Here are some interesting examples of naming restrictions from other parts of the world:
- Germany – Names must clearly identify the child’s gender
- New Zealand – Names cannot resemble official titles or ranks
- Japan – Names using kanji must use approved characters and readings
- Iceland – Names must comply with Icelandic grammar rules and pronunciation
- France – Names must be gender-specific and cannot stigmatize the child
As you can see, many countries have much stricter naming laws compared to the United States. Places like Germany, Iceland, and France have mandatory rules around grammar conventions, gender usage, and even pronunciation.
While US states do prohibit offensive or bizarre names, overall there is more creative freedom when naming your child. Americans have more ability to choose names from other cultures and languages. So parents in the US should feel grateful for the naming autonomy they have relative to other parts of the world.
Can a Name Change a Life?
An interesting question is: do our names really impact who we become? Can a name influence a child’s future life outcomes and success?
Some key points on this topic:
- Unique names may lead to teasing or discrimination that affects development
- A name conveying socioeconomic status can influence opportunities
- Unusual names correlate to greater self-expression and autonomy
- People often subconsciously associate names with perceived competency
- Names that are difficult to pronounce or spell may create challenges
The research indicates names can shape how people perceive a child and consequently the opportunities available to them. But the impact is complex, with both benefits and drawbacks to unusual names.
Of course, names are just one factor among many shaping a child’s future. A supportive, loving family and positive home environment will override any naming influence. Nevertheless, naming choices are still worth considering carefully since names can subtly influence a child’s path in life.
Advice for Choosing a Name
Here are some tips for selecting a name if you live in a state with naming restrictions:
- Review your state’s naming laws before deciding on a name
- Choose creative spellings or pronunciations of common names
- Make sure unusual names won’t cause excessive teasing
- Consider if any religious or cultural meanings are appropriate
- Avoid logos, brands, titles, or symbols that can’t be used
- If you appeal a rejection, highlight the name’s significance respectfully
- Remember a name change is still an option later on if needed
By keeping these tips in mind, you can still select a name that’s unique and personally meaningful while adhering to the naming laws where you live. The right baby name is a fun way to start your child off in a distinctive way without causing unnecessary problems down the road.
Conclusion
While the US has relatively relaxed naming laws compared to other countries, there are still some naming restrictions and regulations that vary by state. Certain types of names, like obscenities or numbers, are typically prohibited everywhere. But some states have more leeway than others when it comes to creative naming.
If faced with a name rejection, parents can appeal or pursue a name change request after birth. With creativity and perseverance, you can likely find a distinctive name choice that aligns with legal requirements. Remember, the name you start off with doesn’t have to permanently define your child’s identity. But selecting a meaningful, positive name is still an important early gift you can give as a parent.
