Name Change Laws by State: Court Process, Publication, and Restrictions
Independently fact-checked against primary sources (last audited August 11, 2026). · Law checked current as of August 11, 2026. · 7 primary sources cited on this page. How we verify our legal content

Every state lets an adult legally change their name, but almost nothing about the process is standardized. Some states decide the request in superior or district court after a public hearing; Hawaii decides most adult requests through an administrative office with no court involved at all, and North Carolina hands the decision to a clerk rather than a judge. Newspaper publication, once close to a nationwide default, has been repealed, narrowed, or eliminated in enough states over the past five years that it is now a minority rule rather than the norm. Fees range from a flat $60 in DC to well over $900 once every add-on is counted in Philadelphia, and in more than a dozen states there is no statewide fee at all, only a figure each county or parish sets on its own. What can get a petition denied outright varies just as widely, from no restriction whatsoever in a handful of states to a rule in Wisconsin that bars a registered sex offender from changing their name at all, and a narrower Illinois rule that lets a registrant file only by swearing the petition rests on one of four statutory grounds.
This hub sorts every one of those variables into one table, covering all 50 states and the District of Columbia, current as of August 2026. It is the state-by-state reference; it is not the full walkthrough of how to actually file. For the general step-by-step process nearly every state shares, see How to Legally Change Your Name. For a national look at what the process costs, see How Much Does It Cost to Change Your Name. For the two most common non-petition life events, see Name Change After Marriage and Name Change After Divorce. Once your order is signed, Name Change Checklist: Social Security, License, Passport and More covers updating every agency that needs to see it.
Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.
Where You File: Court, Clerk, or an Administrative Office
Most states send an adult petition to a district, circuit, superior, or probate court, and a judge decides it, sometimes at a hearing, sometimes on the papers alone. A few states break that pattern entirely. Hawaii's default adult process is not a court case at all; it is a notarized application to the Office of the Lieutenant Governor, decided by administrative order, with court involvement reserved for divorce-related restoration and for a sex- or violent-offender registrant, who needs a prior court finding before the Lieutenant Governor's office will act. North Carolina takes its own shortcut: a Chapter 101 application is decided by the clerk of superior court, not a judge, with no hearing required at all. Washington inverts the usual hierarchy, sending the general adult, child, and ward petition to district court rather than superior court, and district-court files there are not automatically sealed; only a narrower set of superior-court categories (gender identity, refugee or asylum status, domestic-violence or stalking safety, and emancipated minors) get automatic sealing. Vermont skips the adversarial-petition model altogether: an adult signs, seals, and acknowledges a statutory-form instrument before a probate judge rather than filing and arguing a case.
Publication Is Now a Minority Rule
Newspaper publication used to be close to a nationwide default. It no longer is, and the shift has accelerated recently enough that older guidance on this topic is a real risk. Massachusetts flipped its default on November 25, 2025: petitions are now impounded (sealed) unless the court orders publication for good cause, a reversal of the prior framework. North Carolina fully repealed its courthouse-door posting requirement effective December 1, 2025, only weeks before this hub was researched. Illinois eliminated publication as part of a 2024-2025 statutory overhaul (Public Act 103-1063), substituting mandatory criminal-history disclosure and an optional motion to impound the file. New York eliminated its requirement statewide effective December 21, 2021, under the Gender Recognition Act. New Mexico repealed its publication statute in 2023, though at least one still-circulating official self-help guide had not been updated and kept telling readers to publish, a currency trap worth knowing about if you are researching New Mexico specifically. Delaware (2022) and DC (2013) repealed theirs even earlier. Rhode Island goes a step further than simply not requiring publication: its statute affirmatively bars a court from requiring it, for anyone.

States that still require publication by default have not disappeared, and several run it as a genuine, current requirement: Pennsylvania requires it in two separate newspapers, South Dakota and Montana each run four successive weeks, and Indiana's publication step is cumulative with, not an alternative to, a separate felony-history notice. Check the table below, or a specific state's own page, before assuming either way.
The Restriction Spectrum: From No Bar to an Outright Prohibition
What can get a petition denied, or bar someone from filing at all, spans a genuinely wide range across the 51 jurisdictions covered here. At the strict end sit two different rules that are often described together and should not be. Wisconsin prohibits the change itself: Wis. Stat. 301.47(2) says a reporting-status registrant may not change his or her name or use a name the department does not have on file, an intentional violation is a Class H felony under 301.47(3), and the general name-change statute carves those registrants out ("Except as provided in sub. (3) or s. 301.47"), so the circuit court cannot grant the petition. Illinois instead conditions filing: under 735 ILCS 5/21-101(b) a registrant is not permitted to file during the registration period unless the person verifies under oath that the petition is due to marriage, religious beliefs, status as a victim of trafficking, or gender-related identity, a judge may then grant or deny it, and the statute states expressly that a person will not face a felony charge if the request is denied without proof of perjury. Twenty-one other states impose some other hard bar tied to a felony conviction or sex-offender-registration status: an outright filing bar in Oklahoma, a permanent bar for murder or sex-offender-registration status in Tennessee, a mandatory denial for any prior felony in Colorado, and a Title-64 corrections-code bar that lives entirely outside the name-change statute in Utah, among others. Fifteen states take a disclosure-or-notice approach instead of an outright bar: a felony conviction in Minnesota or New York triggers a notice window to a prosecutor rather than a denial, Michigan requires criminal history to be disclosed in the petition itself with only a discretionary, court-paid database check behind it, and a registrant in Montana or Oregon simply has to notify the registry of the new name afterward.
At the other end, eight states, the District of Columbia, Iowa, Kentucky, Massachusetts, New Mexico, Rhode Island, South Dakota, and Wyoming, impose no felony or sex-offender-registrant restriction on filing a petition at all, based on a direct read of each state's current statute. This is not a small technical distinction: whether your state uses an outright bar, a disclosure duty, or no restriction at all can be the difference between a routine filing and a petition that cannot be granted no matter how it is argued.
What It Costs: No National Number
There is no nationwide name-change fee, and the spread is large. The lowest confirmed flat fee is DC's $60. At the other end, Philadelphia's court filing fee alone runs $349.23, and the total cost with judgment searches and mandatory dual-newspaper publication commonly exceeds $900. More than a dozen states set no statewide fee whatsoever, leaving the amount to each county, parish, or circuit: Missouri's 45 circuit courts each set their own, Louisiana's cost varies by parish, and Arizona, Florida, and Georgia all work the same way. A few states carry a currency trap worth flagging directly: North Dakota's fee doubled to $160 effective July 2025, but a previously posted $80 figure still circulates on older materials, and Montana's fee actually dropped to $90 under a 2025 update even though the state's own printed 2024 schedule still lists $120.

Restoring a Name After Divorce: Three Different Mechanisms
A spouse who wants a former name back after a divorce generally does not have to file the same standalone petition an ordinary adult would. States handle the restoration itself in one of three distinct ways. Several codify it as a mandatory decree provision: New York's Domestic Relations Law Section 240-a requires every divorce judgment to include the option, Montana's dissolution statute uses the word "shall," and Texas writes the right into its Family Code twice over, once in the general divorce provisions and again in the name-change chapter itself. Colorado instead uses a simpler, separate post-decree motion, filed ex parte under the original divorce case number, that skips the fingerprinting, publication, and felony bar that apply to a standalone petition. A third group of states has no dedicated statute addressing restoration at all: Iowa's dissolution title contains no name-restoration provision, so a divorcing spouse there files the same general petition as any other adult; Florida and Mississippi handle it through court practice and the divorce petition itself rather than a codified right. Each state's own page below states which mechanism applies.

Name Change Laws by State: Full Table
The table covers all 50 states and the District of Columbia, current as of August 2026. "Restriction" reflects the state's own restriction on a felony conviction or sex-offender-registration status specifically, not the general fraud-intent standard nearly every state applies to every petitioner regardless of criminal history. Where a state's own page hedges a figure (a fee not confirmed on an official schedule, a publication rule the state's own resource pages could not resolve), the table carries that hedge rather than resolving it. Click a state's name for the full page: exact statute citations, forms, minor-petition rules, and marriage-based and divorce-restoration specifics.
Northeast states
The table below covers 9 states in the Northeast.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Connecticut | Superior Court or Probate Court (dual) | Not required (Superior Court track) | Disclosure/notice only | Unconfirmed (Probate 'fee-free' claim unverified) |
| Maine | Probate Court | Not required (background check instead) | Disclosure/notice only | $75 flat |
| Massachusetts | Probate and Family Court | Not required by default (impounded since Nov. 2025) | No felony/SOR bar | $165 ($150 + $15 surcharge), up to $180 if published |
| New Hampshire | Circuit Court, Probate Division | Not required by default | Hard bar (felony/SOR conditions) | Unconfirmed (courts.nh.gov blocked) |
| New Jersey | Superior Court | Not required | Disclosure/notice only | Flat $250 (confirmed on the Judiciary's self-help page) |
| New York | Supreme or County Court | Not required (eliminated 2021) | Disclosure/notice only | Unconfirmed on nycourts.gov |
| Pennsylvania | Court of common pleas | Required in TWO newspapers (mandatory safety waiver) | Hard bar (felony/SOR conditions) | No uniform statewide fee |
| Rhode Island | Probate court | Barred by statute | No felony/SOR bar | No statewide fee (varies by municipality) |
| Vermont | Probate Division (signed instrument, no hearing) | Not required (general public) | Hard bar (felony/SOR conditions) | Unconfirmed (page returned an error) |
Midwest states
The tables below cover 12 states in the Midwest.
Great Lakes states
The table below covers 5 Great Lakes states.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Illinois | Circuit court | Not required (eliminated 2025) | Filing bar for registrants (4 sworn exceptions) | Circuit-court-set, generally $250 to $390 depending on county |
| Indiana | Circuit, superior, or probate court | Required, 3x weekly (cumulative w/ felony-history notice) | Hard bar (felony/SOR conditions) | Unconfirmed this session |
| Michigan | Circuit Court, Family Division | Court generally orders publication under Michigan Supreme Court rule | Disclosure/notice only | Stacked: ~$150 base + e-file/publication add-ons |
| Ohio | Probate court (two parallel tracks) | Required by default | Hard bar (felony/SOR conditions) | No statewide fee (~$100-$150, county) |
| Wisconsin | Circuit court | Required, unless granted Confidential Name Change | Registrant may not change name at all (Class H felony) | No statewide fee ($164.50 Dodge Co. example) |
Plains states
The table below covers 7 Plains states.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Iowa | District court | Not required | No felony/SOR bar | Commonly cited at $215 by Iowa Legal Aid |
| Kansas | District court | Court's choice: mail or publication | Not resolved on this page | Unconfirmed this session |
| Minnesota | District court | Not required (two-witness model) | Disclosure/notice only | $285, with a Fee Waiver (FEE102) or IFP (IFP102) affidavit available |
| Missouri | Circuit court | Required by default | Hard bar (felony/SOR conditions) | No statewide fee ($127.50-$207.50, county) |
| Nebraska | District court | Required, once weekly for 2 consecutive weeks | Disclosure/notice only | $144 docket fee + separate newspaper publication cost |
| North Dakota | District court | Required by default (2 narrow waivers) | Hard bar (felony/SOR conditions) | $160 (up from a stale $80 still on some materials) |
| South Dakota | Circuit court via county Clerk of Courts | Required, 4 weeks (DV/trafficking waiver available) | No felony/SOR bar | No statewide fee posted |
Southern states
The tables below cover 16 states in the South, plus the District of Columbia.
South Atlantic states
The table below covers 8 South Atlantic states, plus the District of Columbia.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Delaware | Common Pleas (adult); Family Court (minor/divorce) | Not required (repealed 2022) | Hard bar (felony/SOR conditions) | $85 (Court of Common Pleas, includes a $10 Court Security Assessment) |
| District of Columbia | Superior Court | Not required (repealed 2013) | No felony/SOR bar | Flat $60 |
| Florida | Circuit court | Not required generally (only for a parent's service) | Not resolved on this page | County-set, roughly $400-$425 + $40-$75 fingerprinting |
| Georgia | Superior court | Required, 4 weekly notices (waivable + sealed for DV/trafficking) | Not resolved on this page | No statewide fee (county-set) |
| Maryland | Circuit Court | Required by default (waivable, inconsistently granted) | No confirmed statutory bar (judicial discretion) | $165 (form CC-DR-060), standard indigency fee-waiver process available |
| North Carolina | Clerk of superior court | Not required (repealed Dec. 2025) | Hard bar (felony/SOR conditions) | $120 general Chapter 101 fee (per nccourts.gov) |
| South Carolina | Family Court | Not required (background checks instead) | Disclosure/notice only | $150 flat (6-month residency, waivable for DV) |
| Virginia | Circuit court | Not required | Hard bar (felony/SOR conditions) | No statewide fee (set locally) |
| West Virginia | Circuit or family court | Required (waivable only for a safety showing) | Hard bar (felony/SOR conditions) | Unresolved (conflicting reports, $25-$200) |
East South Central states
The table below covers 4 East South Central states.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Alabama | Probate court | No statewide rule (county-dependent) | Hard bar (felony/SOR conditions) | No statewide fee ($25-$100 range, county) |
| Kentucky | District court | Not required | No felony/SOR bar | No statewide fee ($50-$128.50, county) |
| Mississippi | Chancery court | No dedicated statute located | Not addressed on this page | No official schedule (~$93-$153 reported) |
| Tennessee | Circuit, probate, or county court | Not required | Hard bar (felony/SOR conditions) | No statewide fee (county clerk schedule) |
West South Central states
The table below covers 4 West South Central states.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Arkansas | Circuit court | Not required for an ordinary adult name change | Hard bar (felony/SOR conditions) | No official statewide schedule |
| Louisiana | District court | No newspaper-publication requirement | Hard bar (felony/SOR conditions) | No statewide fee ($250-$500, parish) |
| Oklahoma | District court civil action | Required, one time at least 10 days before the hearing | Hard bar (felony/SOR conditions) | No dedicated statewide fee statute |
| Texas | County of residence (Family Code) | Not required | Hard bar (felony/SOR conditions) | No statewide fee ($150-$350, county) |
Western states
The tables below cover 13 states in the West.
Mountain states
The table below covers 8 Mountain states.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Arizona | Superior court | Not required | Disclosure/notice only | No statewide fee ($188-$301, county) |
| Colorado | District or county court | Required by default, at least 3 times within 21 days | Hard bar (felony/SOR conditions) | No official statewide filing fee confirmed |
| Idaho | District court | Required, 4 weeks (no confirmed safety waiver) | Disclosure/notice only | $166 flat |
| Montana | District court | Required, 4 successive weeks (MCA 27-31-201(1)) | Disclosure/notice only | $90 under a 2025 fee update (stale schedules still say $120) |
| Nevada | District court | Required, one time in a newspaper of the filing county | Disclosure/notice only | No statewide fee (varies by county) |
| New Mexico | District court | Not required (repealed 2023; a stale guide still says publish) | No felony/SOR bar | $132 statewide base, plus small per-copy add-ons |
| Utah | District court | Not required (general public) | Hard bar (felony/SOR conditions) | ~$375 (not officially confirmed) |
| Wyoming | District court | Required (confidentiality-order or all-parents waiver) | No felony/SOR bar | ~$120 (not officially confirmed) |
Pacific states
The table below covers 5 Pacific states.
| State | Venue | Publication | Restriction | Fee |
|---|---|---|---|---|
| Alaska | Superior court | Not required (standard petition) | Disclosure/notice only | $200 flat, effective May 2023, covers both adult and child cases |
| California | Superior court | Required by default, 4 weekly notices (Gov. Code Section 6064) | Hard bar (felony/SOR conditions) | $435 to $450 typical |
| Hawaii | Lt. Governor's office (administrative) | Required once (waivable via prosecutor safety affidavit) | Hard bar (felony/SOR conditions) | ~$55-$56 (eHawaii) + separate $41 recording fee |
| Oregon | Probate or circuit court | Not required | Disclosure/notice only | Flat $124 statewide |
| Washington | District court | Not required | Disclosure/notice only | No statewide figure ($98 + ~$204 example, King Co.) |
Filling In Your State's Name-Change Forms
Start with your state's page in the table above and the forms your court clerk, the court's self-help center or, in Hawaii, the Lieutenant Governor's office accepts. If those forms come as PDFs, PDFelement is paid software that can fill in PDF forms, edit text and convert files to PDF. It does not make a petition valid by itself, and an e-signature does not replace the notarization Hawaii requires for its application or the acknowledgment before a probate judge that Vermont requires.
See PDFelement FeaturesAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Where to Go Next
This hub covers the state-by-state comparison. For the deeper walkthrough of a specific question, see:
- How to Legally Change Your Name: the general adult petition process, where states genuinely diverge, and what the old common-law customary-usage doctrine still means in practice.
- How Much Does It Cost to Change Your Name?: a national look at filing fees, fingerprinting costs, publication costs, and fee waivers.
- Name Change After Marriage: the roughly nine states that let a marriage-license application itself change your name, and how it works everywhere else by custom.
- Name Change After Divorce: restoring a former name through the divorce decree, generally lighter-weight than a standalone petition.
- Name Change Checklist: Social Security, License, Passport & More: updating every agency and account once your order is signed.
For records tied to a name change rather than the petition itself, see Marriage and Divorce Records for certified copies your petition may require, and Court Records for how a name-change case file fits into a state's broader court-records rules.
Disclaimer
This hub provides general information about how U.S. states regulate legal name changes. It is not legal advice and does not create an attorney-client relationship. Name-change law, especially publication requirements and fees, changes frequently and several states covered here changed their rules within the past year. Confirm current requirements directly with the relevant state court, clerk, or agency, or with a licensed attorney in that state, before relying on anything here for a specific filing, particularly if a felony conviction or sex-offender-registration history is involved.

Last updated: 2026-08-11. Fees, forms, publication rules, and the state-by-state table reflect their published status as of August 2026.
Frequently Asked Questions
Is there a federal law that governs name changes?
No. There is no federal name-change statute; every rule on this hub, venue, publication, fee, and restriction, comes from state law. The one true federal name-change statute, 8 U.S.C. Section 1447, applies narrowly to naturalization, where a court grants the name change at the oath ceremony itself.
Do I need a lawyer to change my name?
No. A name-change petition is designed to be handled without a lawyer in every state, and most petitioners use the court's own self-help forms. An attorney becomes useful in a contested case, such as an objection from a non-consenting parent, a felony-bar denial, or a sex-offender-registration restriction.
Which states do not require newspaper publication?
A growing list. Illinois, New York, North Carolina, New Mexico, Massachusetts, Delaware, DC, New Jersey, Rhode Island, Connecticut (Superior Court track), Arizona, Kentucky, Iowa, Oregon, Minnesota, and several others have eliminated, repealed, or never required it. Check the table above or your specific state's page, since the list has changed substantially since 2021.
Can a registered sex offender legally change their name?
It depends entirely on the state. In Wisconsin a reporting-status registrant may not change their name at all: the change itself is prohibited, an intentional violation is a Class H felony, and the general name-change statute excludes those registrants, so a court cannot grant the petition. In Illinois a registrant is not permitted to file during the registration period unless the petition is verified under oath as due to marriage, religious beliefs, status as a victim of trafficking, or gender-related identity; a judge may grant or deny it, and the statute says a person will not face a felony charge if the request is denied without proof of perjury. Oklahoma bars a registrant from even filing. Other states, including Oregon, Montana, and Nebraska, allow the change but require the registrant to notify the registry afterward. Eight states impose no registrant-specific restriction at all. A registrant researching a specific state should read that state's own restriction section carefully rather than assuming any general rule applies.
How much does it cost to change your name?
It varies enormously by state, and often by county within a state. Flat statewide fees range from $60 (DC) to $285 (Minnesota); more than a dozen states set no statewide figure at all, leaving the amount to the local court. Add fingerprinting fees (roughly $20-$75 in states that require it) and publication costs where applicable. See How Much Does It Cost to Change Your Name for the full national picture.
Do I automatically get my maiden name back when I get divorced?
No, in every state a restoration has to be requested, though how varies. Some states write it into the decree as a matter of right on request (New York, Montana, Texas); a few use a simpler post-decree motion (Colorado); others have no dedicated statute and route the request through general divorce-case practice. See Name Change After Divorce for the mechanism in your situation.
Updates
Corrected the Illinois and Wisconsin sex-offender-registrant restrictions: Illinois bars a registrant from filing unless the petition is sworn to rest on marriage, religious belief, trafficking-victim status or gender-related identity, and Wisconsin prohibits the name change itself as a Class H felony rather than criminalizing the act of petitioning.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
State-by-state comparison
Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.
Northeast
Midwest
South
West
Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 301: Corrections
§ 301.47Sex offender name changes prohibited.In forcecited in 2 of our articles
(1) In this section, “sex offender” means a person who is subject to s. 301.45 (1g) but does not include a person who, as a result of a proceeding under s. 301.45 (1m), is not required to comply with the reporting requirements of s. 301.45. (2) A sex offender may not do any of the following before he or she is released, under s. 301.45 (5) or (5m), from the reporting requirements of s. 301.45: (a) Change his or her name. (b) Identify himself or herself by a name unless the name is one by which the person is identified with the department. (3) Whoever intentionally violates sub. (2) is subject to the following penalties: (a) Except as provided in par. (b), the person is guilty of a Class H felony. (b) The person may be fined not more than $10,000 or imprisoned for not more than 9 months or both if all of the following apply: 1. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. C. G. (Wisconsin Supreme Court 2022, 2022 WI 60)“…nder identity. Much of her argument focuses on how Wis. Stat. § 301.47(2), which prohibits her from petitionin…”
- State v. DeAnthony K. Muldrow (Wisconsin Supreme Court 2018, 381 Wis. 2d 492)“…19 The district court concluded that enforcing Wis. Stat. § 301.47 against a sex offender convicted before…”
- Doe v. Raemisch (District Court, E.D. Wisconsin 2012, 895 F. Supp. 2d 897)“…different than one by which he is identified with the DOC. Wis. Stat. § 301.47 . A person who has been convicted of a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Name Change Laws: How to Legally Change Your Name
New York Civil Rights Law
§ 60Petition for change of nameIn forcecited in 3 of our articles
Petition for change of name. 1. A petition for leave to assume another name may be made by a resident of the state to the county court of the county or the supreme court in the county in which the petitioner resides, or, if the petitioner resides in the city of New York, either to the supreme court or to any branch of the civil court of the city of New York, in any county of the city of New York. The petition to change the name of an infant may be made by the infant through the infant's next friend, or by either of the infant's parents, or by the infant's general guardian, or by the guardian of the infant's person, or by the infant's attorney. 2. An application may be made in family court seeking a name-change of a child under the age of eighteen as part of a pending, related proceeding. Such application may be made by any of the parties to the proceeding or by the attorney for the child. An application for a name change made in family court shall only be granted where it is on consent of all parties.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):In re Sakaris (1993) called Civil Rights Law Section 60 the exclusive mechanism for a court-ordered name change, leaving the common-law right intact, and denied a child's petition. Matter of Kieran B. (2025) addressed sealing in a Section 60 proceeding, ordering the record sealed under Section 64-a for a transgender petitioner.
Opinions citing this section in our collection:
- Matter of Kieran B. (Appellate Division of the Supreme Court of the State of New York 2025, 2025 NY Slip Op 06006)✓A transgender petitioner brought a Civil Rights Law section 60 name change proceeding and asked to seal the record; the name change was granted below, and the appellate court held that refusing to seal was an abuse of discretion under section 64-a and ordered it sealed.
- Matter of Timothy C. (Appellate Division of the Supreme Court of the State of New York 2025, 2025 NY Slip Op 06004)“…2024 in Saratoga County, which, in a proceeding pursuant to Civil Rights Law § 60, denied petitioner's request to seal co…”
- Matter of Christopher C. (Appellate Division of the Supreme Court of the State of New York 2025, 2025 NY Slip Op 06005)“…2024 in Saratoga County, which, in a proceeding pursuant to Civil Rights Law § 60, denied petitioner's request to seal co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to Legally Change Your Name, New York Name Change Laws: How to Legally Change Your Name
Montana Code Annotated, Title 27
§ 27-31-201Order Setting Hearing Date -- Notice -- SafetyIn forcecited in 2 of our articles
27-31-201. Order setting hearing date -- notice -- safety. (1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive weeks in some newspaper published in the county, if a newspaper is printed in the county. If a newspaper is not printed in the county, a copy of the notice must be posted in at least three public places in the county for 4 successive weeks. (2) Publication is not required for a change of name of a minor under 27-31-101 if both parents and all legal guardians consent in writing. (3) The court may allow a petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record. The request to proceed on a sealed-record basis must be set forth in the petition.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Name Change of Nichols (Montana Supreme Court 2024, 546 P.3d 799)“…grant or deny a petition for a sealed-record name change. Section 27-31-201, MCA, provides: “The court may allow a petit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Name Change Laws: How to Legally Change Your Name
Illinois Compiled Statutes Chapter 735, Act 5 (Code of Civil Procedure)
§ 21-101Proceedings; partiesIn forcecited in 2 of our articles
(a) If any person who is a resident of this State desires to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides. The petitioner shall have resided in this State for 3 months at the time of the name change hearing or entry of an order granting the name change. (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at ilga.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Illinois courts have applied 735 ILCS 5/21-101 to minors' surnames. Stockton v. Oldenburg (1999) and In re Marriage of Piegari (2017) each affirmed denial of a name change, holding the petitioner must show by clear and convincing evidence that the change is necessary to serve the child's best interest.
Opinions citing this section in our collection:
- Stockton v. Oldenburg (Appellate Court of Illinois 1999)✓A father petitioned to add his surname to his young daughter's name; applying the statute's best-interest factors and its clear-and-convincing necessity standard, the court affirmed the denial because the evidence showed only that the change "could be nice."
- People v. Rodriguez (Appellate Court of Illinois 2019, 2019 IL App (1st) 151938-B)✓A defendant found unfit and required to register under SORA attacked its scheme, including the bar on sex offenders changing their names; the court held the bar applies automatically so he had standing to challenge it even without wanting a new name, then upheld the scheme.
- People v. Denis (Appellate Court of Illinois 2019, 2018 IL App (1st) 151892)✓On direct appeal from his convictions the defendant attacked the statute barring sex offenders from changing their names as facially unconstitutional; the court held that bar is a collateral consequence beyond its review on direct appeal and dismissed the challenge.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Name Change Laws: How to Legally Change Your Name
Wisconsin Statutes, Chapter 786: Disposition Of Lands Of Wards; Specific Performance; Change Of Names; Establish Heirships
§ 786.36Changing names, court procedure.In forcecited in 2 of our articles
(1) Except as provided in sub. (3) or s. 301.47, any resident of this state, whether a minor or adult, upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice required under s. 786.37 (1), with proof of publication, may, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. Subject to sub. (1m), if the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by whichever of the following is applicable: (a) Both parents, if they are living, or the survivor of them. (b) The guardian or person having legal custody of the minor, if both parents are dead or if the parental rights of both parents have been terminated by judicial proceedings. (c) The minor’s mother, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and if paternity of the minor has not been established. (1m) (a) 1. Subject to subd.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):State v. Hansford (1998) held Wis. Stat. 786.36 is not the exclusive way to change a name, so an adult may still do so at common law through continuous and consistent use absent a fraudulent purpose. State v. C. G. (2022) addressed a registered sex offender barred by s. 301.47 from petitioning under 786.36.
Opinions citing this section in our collection:
- State v. Hansford (Wisconsin Supreme Court 1998, 219 Wis. 2d 226)✓A man told Madison police his name was Bryan Storm, not Ronald Hansford, and was convicted of obstructing. The court held Wis. Stat. 786.36 is not the exclusive method of changing a name, so a person may change it through consistent and continuous use absent a fraudulent purpose.
- State v. C. G. (Wisconsin Supreme Court 2022, 2022 WI 60)✓A transgender juvenile on the sex offender registry argued that a bar on petitioning for a legal name change violated free speech. The court read Wis. Stat. 301.47(2)(a) as an exception to Wis. Stat. 786.36 and held free speech does not compel the State to facilitate one.
- State v. Jerrell C.J. (Court of Appeals of Wisconsin 2003, 269 Wis. 2d 442)“…urteen may not change their name without parental consent, Wis. Stat. § 786.36 ; and girls under eighteen may not obta…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- Massachusetts General Laws, c.210 Section 13, Notice; Impoundment of Records (as amended eff. 2025-11-25)(malegislature.gov).gov
- North Carolina General Statutes Section 101-6, Limitations on Name Changes; Sex Offender Bar(ncleg.gov).gov
- 735 ILCS 5/21-102, Criminal History Disclosure (Illinois name-change petitions)(ilga.gov).gov
- New York Civil Rights Law Section 60, Petition for Leave to Assume Another Name(nysenate.gov).gov
- Wisconsin Statutes Section 301.47, Registrant Not to Change Name(docs.legis.wisconsin.gov).gov
- Wyoming Statutes Section 1-25-101, Change of Name; Petition; Notice; Order(wyoleg.gov).gov
- Colorado Revised Statutes Section 13-15-101(olls.info).gov
- 735 ILCS 5/21-101(b), Proceedings; Parties (Illinois conditional filing bar for registrants, with marriage, religious-belief, trafficking-victim and gender-identity exceptions)(ilga.gov)
- Wisconsin Statutes Section 786.36(1), Change of Name by Court Order (excepts persons covered by s. 301.47)(docs.legis.wisconsin.gov)