This Court has conducted a hearing on the application by the subject fifteen-year-old child's mother for permission to change his surname to the last name of his step-father and two younger siblings.

Pursuant to Civil Rights Law section 63, a petition to change the name of a minor may be granted when the court finds "that the interests of the infant will be substantially promoted by the change." Civ. Rts. Law § 63. Courts have interpreted this statute to require the application of "the best interests of the child standard in deciding a petition to change the name of a minor." In re Islam, 2002 NY Slip Op. 30142(U), 2002 WL 34698669 (Sup. Ct., NY County 2002) (internal quotation marks omitted); see also In re Robinson, 74 Misc 2d 63, 65 (Civ. Ct., NY County 1972) ("In matters involving infant name changes, the Court stands in loco parentis with respect to such infant and, of course, the best interests of the child are of paramount concern."). In situations where continued use of the child's former name will cause him embarrassment, harassment, or confusion, petitions to change a minor's name have been granted, particularly in situations where "the parent from whom the name came has been convicted of a serious crime." In re Islam, 2002 WL 34698669. As part of "the best interests of the child" analysis, the court must consider "[t]he child's everyday well-being and [his] current relationship with [his] present family, [his] school and [his] society must be considered. And this may be the prime consideration where a father has destroyed the bond of love and affection with his child by abandonment, failure to support or other misconduct." In re Robinson, 74 Misc 2d at 65.

At the hearing conducted to determine whether the proposed name change is in the child's best interest, the biological parents testified: the mother in person, the father by telephone.^[FN1] The biological father's contact with the child is limited to one letter per year by order of the Family Court, Queens County. Additionally, no child support has been paid by the biological father and the responsibilities of fatherhood have been entirely assumed by the step-father. As the step-father has been the predominant father figure in the child's life, this is the person whose name the child seeks to adopt. Moreover, the child strongly supports the instant application.^[FN2] The child [*2]faces difficulties as he goes by his step-father's surname, but his legal name does not match the name with which he identifies. This is also the name of his two younger siblings.

Using the analysis set forth above, the Court finds that the relevant factors weigh heavily in favor of permitting the change of his surname as requested. Accordingly, the application is granted and a separate standard form order will be issued. This constitutes the decision of this Court.

Dated: February 19, 2015

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James E. d'Auguste, J.C.C.