Despite rules dictating how one may name their child, one legal expert argued that the Tesla and Space X headman may actually have a solid case if he elected to force the issue in court, pointing toward outdated laws that simply can’t keep up with the changing times not only regarding technology but the language it has created in and of itself.
“Our laws constantly lag the realities and possibilities,” attorney Harry Nelson — founder and managing partner of Nelson Hardiman, the largest Los Angeles-based boutique health care law firm and the second-largest in all of California — told Fox News.
“In California, you can only use the ’26 characters’ of the English language in your baby name,” attorney David Glass told the outlet. “Thus, you can’t have numbers, Roman numerals, accents, umlauts or other symbols or emojis. Although an apostrophe, for a name like ‘O’Connor,’ is acceptable.”
Celebrity divorce attorney Christopher Melcher, a partner of the Los Angeles-based family law firm Walzer Melcher, echoed the sentiment of Glass, saying stipulations that a name may not carry with it — any symbols or marks showing how it’s pronounced — are set in place for a reason.
“There are good reasons for these rules. Names are entered into databases,” Melcher explained to Fox News on Wednesday. “Creativity is allowed in selecting a child’s name but this one is out of bounds. The birth certificate will probably be rejected and the parents asked to pick a new one, using the English alphabet.”
Elon Musk and Grimes attend the Heavenly Bodies: Fashion & The Catholic Imagination Costume Institute Gala at The Metropolitan Museum of Art on May 7, 2018, in New York City.
(Jason Kempin/Getty Images)
Nelson also told Fox: “We see this clash constantly as technology allows us to do things the law never imagined, in health care where old laws become obstacles, and, in this case, with names.”
Due to this notion, Nelson believes it can possibly work in favor of Musk’s stance in a court of law.
“Leave it to Elon Musk to be one of the first to push through the current limit on name creativity,” he continued. “It used to be when [the late singer] Prince took on the symbol in place of his name, but I am guessing he never tried to register it with California’s Office of Vital Records.”
“If Musk forces the issue, I expect the courts will rule in his favor to force a move beyond the constraints of our 26-letter alphabet,” he added.
In a snap shared to Musk’s Twitter Tuesday morning, the couple’s son appears to be sleeping while an Instagram filter placed tattoos around his eyes and forehead.
The baby is Grimes’ first child. Musk shares five sons from a previous marriage. Musk’s first son reportedly died of sudden infant death syndrome at 10 weeks old back in 2002.
Grimes, whose real name is Claire Boucher, discussed her pregnancy in March with Rolling Stone. The musician told the magazine she was expecting her child to be nocturnal, as the baby moved “only” at night during her pregnancy.
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Grimes and Musk have been dating since 2018.
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