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JONES v. McDOWELL

No. 8014SC1000.

281 S.E.2d 192 (1981)

Eddie JONES, Petitioner, v. Julie McDOWELL and Trenda Junae McDowell, by and through her Guardian Ad Litem Ernestine McDowell, Respondents, v. Dr. Sarah MORROW, Secretary of Human Resources and Dr. Ronald H. Levine, State Registrar of Vital Statistics, Third-party Petitioners.

Court of Appeals of North Carolina.

August 18, 1981.

Attorney(s) appearing for the Case

North Central Legal Assistance Program by Charles A. Bentley, Jr., Durham, for petitioner-appellee.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Sarah C. Young, Raleigh, for third-party petitioners-appellees.

Thompson & McAllaster by Sharon A. Thompson, Durham, for respondents-appellants.

WELLS, Judge.

The initial question to be determined in this appeal is whether respondents have a constitutionally protected liberty or privacy interest in retaining Trenda Junae McDowell's surname, of which they cannot be deprived without due process of law.1 The Supreme Court of the United States has held in a number of recent cases that the "freedom of personal choice in matters of ... family...

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