(dissenting).
I dissent because the procedural safeguards legislatively required by SDCL ch. 21-37 are being ignored.
The South Dakota Legislature has provided a statutory procedure for “Change of Name” in SDCL ch. 21-37. It is the only legislatively expressed procedure for change of name in these circumstances.
Despite that fact, the majority opinion holds that a trial court can change a child’s name in a divorce action pursuant to its “best interest of the child” jurisdiction. I would hold that the trial court did not have the power to consider a name change in a divorce proceeding absent compliance with the procedures of SDCL ch. 21-37.*
*703In this ease, there was no document in the court file — i.e. no motion, petition, or the like — requesting the change of name. Without following necessary procedural requirements, judicial review by this court will be hampered now and in the future.
The majority opinion’s new rule may be abused in numerous ways in future cases. Parents could attempt to change a child’s name every time a post-decree matter arises concerning visitation, custody or support. In effect, the opinion creates a second method of obtaining a name change. This method will be without the procedural safeguards established by SDCL ch. 21-37, notwithstanding the opinion’s claim that there are more safeguards in a divorce action.
Since a divorce court retains jurisdiction over support, custody and visitation, assuming no change in home state jurisdiction under the UCCJA, the trial court could effect a name change for a child living outside of the state, which raises extra-jurisdictional questions. It also creates a mechanism to avoid the notice requirements of SDCL 21-37-4.
While some of these concerns may be academic, this decision creates a potential for unanticipated circumvention of procedural requirements and provides a method to reach the merits of a name change without following those procedural requirements.
The circuit court erroneously assumed that it had • authority to change Daughter's surname based on Father’s verbal request. The circuit court *703was without authority to enter an order or judgment changing the name of Daughter.
This action was commenced under SDCL ch. 25-4, relating to divorce. Under this chapter, the circuit court is given limited authority to change a name. The power is restricted to restoration of a former name to the wife, and does not grant the trial court the power to change the name of any other person, party or child of a marriage. SDCL 25-4-47. The only statutes in SDCL ch. 25-4 which even relate to a child’s surname are contained in SDCL 25-4-48 and 25-4-49. These statutes relate only to the legitimization of children after a divorce has been granted on the grounds of adultery. This divorce was granted on the grounds of irreconcilable differences and, as a result, these sections do not apply.
Under SDCL ch. 25-4, the circuit court has authority to dissolve marriages, legally separate parties, award alimony and separate maintenance, divide property, and to establish child custody and support. SDCL 25-4-17.2; SDCL 25-4-38 through 25-4-40; SDCL 25-4-44; SDCL 25-4-41; 25-4-45. It does not grant a circuit court authority to change the name of any person other than the wife, and does not create any right for parties to change the names of children in such an action.
A circuit court has the authority to change the name of a person, other than restoring a wife to her former name upon divorce under SDCL 25-4-47, only upon compliance with the provisions of SDCL ch. 21-37. "The circuit court shall have authority to change the names of persons, ... as provided in this chapter.” SDCL 21-37-1 (emphasis added). SDCL ch. 21-37 imposes a six-month residency requirement to the exercise of the court's jurisdiction, as well as the filing of a petition, publication of notice, and a separate hearing before a name may be changed. SDCL 21-37-2 through 21-37-5.
Nothing in the settled record indicates that Father complied with any of the requirements of SDCL ch. 21-37 in requesting that Daughter's name be changed. No petition was filed with the circuit court and, in fact, Father did not make any written request for a change of Daughter’s surname in any of his pleadings, affidavits, or other formal submissions to the court. There is no proof in the record that notice of the request to change Daughter’s surname was ever provided to Mother or was published as required by SDCL 21-37-4.
Father failed to comply with the requirements of SDCL ch. 21-37, which required the proper filing of a petition to invoke the circuit court’s jurisdiction. As a result, the trial court was without authority to consider Father's request to change Daughter’s name from Keegan to Gu-dahl.