RE EL v. LAKE CIRCUIT COURT (2018)

MEMORANDUM DECISION

[1] Tarik Atum Re El appeals the trial court's order denying his “Petition for Change of Name and For Redress to Assume the Race/Nationality of Moor/Americas Aboriginal National[.]” Appellant's App. Vol. II p. 5. Finding no error, we affirm.

[2] Indiana Code chapter 34–38–2 governs petitions for a change of name. Among other things, the petition must “be filed with the circuit court, superior court, or probate court of the county in which the person resides.” Ind. Code § 34–28–2–2(a)(3). Re El filed his petition in Lake County, but he does not live in Indiana, he lives in Georgia.¹ Additionally, the petition must include the petitioner's valid Indiana driver's license number, Indiana identification card number, or Indiana photo exempt identification card. I.C. § 34–28–2–2.5(a)(3). Re El included a Georgia identification card number; he did not include the number of a qualifying Indiana identification card. Therefore, the trial court did not err by denying Re El's petition.

[3] The judgment of the trial court is affirmed.

FOOTNOTES

1.   On appeal, Re El contends that he is entitled to relief as a non-resident pursuant to Indiana Code section 34–28–1–2. That statute, however, applies to a petition “to establish a public record of the time and place of the birth of the applicant,” not to a petition for a change of name. I.C. § 34–28–1–2(b). There is no equivalent provision entitling a person who is not a resident of Indiana to seek a change of name in this state. Likewise, there is no statute giving Re El the right to the other relief he seeks in his petition—“For Redress to Assume the Race/Nationality of Moor/Americas Aboriginal Nation.” Appellant's App. Vol. II p. 5.

Baker, Judge.

Kirsch, J., and Bradford, J., concur.