Quirk v. Edwards

I concur in the court’s conclusion that chapter 674 does not provide a vehicle for resolving the present dispute. Unlike the majority, I reach this conclusion not by looking at the statutory grounds in section 674.6, but by realizing that this is simply not a name change case. It is a challenge to the legitimacy of the name placed on the child’s birth certificate in the first instance. This type of challenge parallels the issue involved in In re Marriage of Gulsvig, 498 N.W.2d 725 (Iowa 1993). We recognized in that case that “the mother does not have the absolute right to name the child…