Application of Tubbs

OP ALA, Justice:

The question for decision is whether the decree changing a minor’s name solely on publication service is void for want of personal notice to the father whose whereabouts were known or readily ascertainable and whose paternal rights remained unex-tinguished. We hold that because the notice given falls short of the minimum standards of due process the trial court should have vacated its decree.

FACTS

On a petition brought by the mother as the custodial parent and next friend, the trial court changed the surname of an eight-year-old child to that of her stepfather. The decree rests…