How to Legally Change Your Name
Independently fact-checked against primary sources (last audited August 11, 2026). · Law checked current as of August 11, 2026. · 9 primary sources cited on this page. How we verify our legal content
Changing your legal name in the United States almost always follows the same basic shape: file a petition (or, in a couple of places, an application) with a court or state office, satisfy whatever background check and notice rules that state imposes, and walk away with a signed order you then use to update Social Security, your driver's license, and every other document tied to your name. What varies, sometimes a lot, is who decides, how public the process is, and what can block a petition outright, and those variations are large enough that a single national description will get many readers' own state wrong.
This page covers the general adult process and the places where states genuinely diverge from it. If your name change is tied to a specific life event, two narrower guides cover those directly and are usually faster reading: Name Change After Marriage covers the marriage-certificate route roughly nine states codify outright, and Name Change After Divorce covers restoring a former name through a divorce decree, which is normally lighter-weight than filing a brand-new petition. For a state-by-state fee picture, see How Much Does It Cost to Change Your Name. Once your order is signed, Name Change Checklist: Social Security, License, Passport and More covers updating your documents in the order that actually works. For your specific state's court, forms, fee, and publication rules, see Name Change Laws by State.
Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.
The Pattern Behind Every State's Process
Almost every state runs an adult name change through the same skeleton: a verified petition filed in the county where you live, a background or fingerprint check in a number of states, public notice of the filing where the state still requires it, a hearing if one is scheduled, and a signed court order. The order itself is the document every other agency wants to see. Nothing updates automatically just because a judge ruled.
Two standards repeat across most states even though the exact wording differs. A court will not grant a change sought to defraud creditors, evade a criminal record, or hinder law enforcement. And where a state's standard addresses it at all, a change to conform to a person's gender identity is treated as an ordinary, legitimate reason, not a special category requiring extra justification.
Preparing Your Petition Paperwork
Most petitioners file with the court's own forms, which your state's name change page points to, and the process is designed to be handled without a lawyer. If those forms come as PDFs, PDFelement is optional paid software for filling them in, editing text, converting a Word draft, or using OCR to make a scanned form editable and searchable. It does not make a petition valid by itself, and your local court's current filing requirements still apply.
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Where States Genuinely Diverge
Who Decides: Court, Clerk, or an Agency
Most states route the petition to a district, circuit, superior, or probate court judge. Two structural outliers are worth knowing before you assume the standard court process applies to you. Hawaii's default adult track is not a court case at all. It is an administrative application filed online with the Office of the Lieutenant Governor and decided by Lieutenant Governor order rather than a judge, under HRS §574-5. A Hawaii court gets involved for the paths HRS §574-5(a)(2) routes to family court, which are a name change included in an adoption decree, divorce-related restoration of a former name, and a minor child's change in a divorce or a one-parent petition, and for a sex-offender registrant, whose petition needs a prior court finding before the Lieutenant Governor's office will act. North Carolina takes a similar administrative shortcut for a different reason: a Chapter 101 application is decided by the clerk of superior court, not a judge, with no hearing, on a showing of good cause (G.S. §101-5). Washington splits the other direction: the general adult, child, and ward petition goes to district court, not superior court, under RCW 4.24.130, and a granted district-court petition is not sealed automatically. 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; a district-court filer has to affirmatively ask a judge to seal the record, or it becomes a public Recorder's Office document.
Publication Is Now a Minority Rule
Newspaper publication used to be close to the default nationwide. It no longer is. New York eliminated its publication requirement statewide effective December 21, 2021, replacing it with a discretionary sealing mechanism under Civil Rights Law §64-a (Civ. Rights Law §60). Illinois removed publication as part of a 2024-2025 statutory overhaul, substituting mandatory criminal-history disclosure. North Carolina repealed its courthouse-door publication requirement effective December 1, 2025, only a few weeks before this page was researched, so an older guide describing North Carolina publication is already out of date (G.S. §101-2). Massachusetts flipped its default the other direction on November 25, 2025: notice is now required only for good cause, and every petition filed on or after that date is impounded from public inspection by default (c.210 §13). New Mexico repealed its own publication statute in 2023, though a stale official PDF still tells petitioners to publish, worth flagging if you are researching New Mexico specifically.
States that still require publication by default have not disappeared, and several run it as a genuine, current requirement, sometimes for a longer notice period than a reader might expect. California is the clearest large-state example: the order to show cause is still published once a week for four successive weeks, with the hearing set between six and twelve weeks out, and publication is waived only for enumerated categories such as Address Confidentiality Program participants, gender-identity petitions, and state witness relocation participants (CCP §1277, §1277.5). Check your specific state's name change page rather than assuming either way.
Background Checks and Who Can Be Denied
Several large states, including Colorado, Florida, and Texas, require a fingerprint-based criminal-history check as part of an adult petition, in place of or alongside publication. Colorado's rule is unusually strict: a prior felony conviction is a statutory bar to granting the petition at all, not just a factor a judge weighs, with only a narrow, heavily conditioned exception process for obtaining a driver's license under the convicted name (C.R.S. §13-15-101(2)(b)). Oklahoma bars a required sex-offender registrant from filing a petition in the first place, an outright filing bar rather than a discretionary denial ground (12 O.S. §1631). Other states, Montana among them, impose no felony or registrant bar at all and only require the registrant to notify their registration agency of the new name after the change is granted.
The Common-Law Path: Can You Just Start Using a New Name?
The old common-law rule, that consistently and exclusively using a new name is itself a legal name change with no court involved, is not dead. It has a real federal foothold: 22 CFR 51.25(c)(5) recognizes customary usage of a new name for passport purposes, generally after five years of public and exclusive use, evidenced by three or more public documents including a government-issued photo ID.
In practice, it is a slow path, not a convenient substitute for a court order. The Social Security Administration explicitly does not follow common law for this purpose and requires one of a defined list of documentary events (a court order, marriage certificate, divorce decree, or similar) before it will update your record. REAL ID rules similarly require state DMVs to demand documentary proof of any name that diverges from your underlying identity documents (6 CFR 37.11(c)(2)). So the common-law right still exists on paper, but every agency that actually issues an ID wants paperwork behind it, which is why a court order, or a marriage or divorce document, remains the practical route for almost everyone.
After the Order Is Signed
A signed name-change order does not update anything by itself. You still have to take it, or the marriage certificate or divorce decree that serves the same function, to the Social Security Administration first, then your state DMV, then the passport office and everywhere else your old name appears. See Name Change Checklist for that sequence in detail, including which updates are free and which require a specific form.
If Your Case Involves Marriage, Divorce, or a Minor Child
Marriage and divorce are handled differently enough from a standard petition that they get their own pages: see Name Change After Marriage for the roughly nine states that let a marriage-license application itself change your name with no court order, and Name Change After Divorce for restoring a former name through the divorce decree itself. A minor's name change generally requires either both parents' consent or a specific statutory exception, such as an abandonment finding or a parent's disqualifying conviction, and the standard a court applies (an explicit best-interest test versus general discretion) varies by state. Your state's own name change laws page covers the minor-specific rules where they exist.
Disclaimer
This article provides general information about the legal name-change process in the United States. It is not legal advice and does not create an attorney-client relationship. Court procedures, fees, and publication rules change and vary by state and even by county; confirm current requirements with your local court before filing. Consult a licensed attorney for guidance specific to your situation, particularly if your petition is contested or your criminal or registration history is at issue.
Last updated: 2026-08-11. Fees, forms, and publication rules reflect their published status as of August 2026.
Frequently Asked Questions
Do I need a lawyer to change my name?
No. A name change is designed to be handled without a lawyer in every state, and most petitioners file it themselves using the court's own forms. An attorney can help in a contested case, such as an objection from a non-consenting parent or a denial you want to appeal.
How long does a name change take?
It varies by state and mainly depends on whether publication is required, which typically adds several weeks of waiting, and how busy the local court's hearing calendar is. An administrative process like Hawaii's can move faster than a full court petition.
Can I change my name to anything I want?
Generally yes, subject to the fraud-intent standard nearly every state applies: a court will deny a change sought to defraud creditors, evade a criminal record, or hinder law enforcement. A few states also restrict names that are obscene or would cause genuine confusion.
Does a name change show up on a background check?
The court order itself is a public record in most states unless the file was sealed, and your prior names typically remain associated with your identity in background-check databases even after a legal change. A name change is not a way to erase a criminal record.
What if my state requires publication and I am afraid of being found by an abuser?
Most states with a publication requirement also offer a domestic-violence or safe-at-home waiver, but you generally have to affirmatively request it, or enroll in the state's address-confidentiality program first. It typically is not automatic just because you mention safety concerns in your petition.
Updates
Corrected the background-check section: California does not require a fingerprint criminal-history check for an adult name change and still requires newspaper publication by default, and clarified that Hawaii family courts also handle adoption and minor name changes, not only divorce restorations and registrant petitions.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
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.
Hawaii Revised Statutes, Chapter 574: NAMES
§ 574-5Change of name: procedureIn forcecited in 2 of our articles
(a) It shall be unlawful to change any name adopted or conferred under this chapter, except: (1) Upon an order of the lieutenant governor; (2) By a final order, decree, or judgment of the family court issued as follows: (A) When in an adoption proceeding a change of name of the person to be adopted is requested and the court includes the change of name in the adoption decree; (B) When in a divorce proceeding either party to the proceeding requests to: (i) Resume the middle name or names and the last name used by the party prior to the marriage or civil union or a middle name or names and last name declared and used during any prior marriage or civil union and the court includes the change of names in the divorce decree; or (ii) Change the name of a minor child of one or more of the parties if the court determines that the change of name is in the child's best interest; or (C) When in a proceeding for a change of name of a legitimate or legitimated minor initiated by one parent, the family court, upon proof that the parent initiating the name change has made all reasonable efforts to locate and notify the other parent of the name change proceeding but has not been able to…
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2000
Opinions citing this section in our collection:
- Baehr v. Lewin (Hawaii Supreme Court 1993, 74 Haw. 530)“…D (Supp. 1992); (9) the right to change of name pursuant to HRS § 574-5(a)(3) (Supp. 1992); (10) the right to f…”
- In the Interest of Doe (Hawaii Intermediate Court of Appeals 2000, 95 Haw. 201)“…de consent to [Jane’s] adoption, change of name pursuant to HRS § 574-5, or to marriage with prior [c]ourt appr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hawaii Name Change Laws: How to Legally Change Your Name
North Carolina General Statutes, Chapter 101: Names of Persons.
§ 101-5Name change application requirements; grounds for clerk to order or deny name change; certificate and recordIn forcecited in 2 of our articles
(a) A person who desires to change his or her true name may apply to the clerk of superior court of the county where the person resides and must submit all of the following information to the clerk in support of the application for a name change: (1) The applicant's true name, county of birth, date of birth, the full name of parents as shown on birth certificate, and the name sought to be adopted. (2) The results of a state and national criminal history record check conducted within 90 days of the date of application by the State Bureau of Investigation, the Federal Bureau of Investigation, or a Channeler approved by the Federal Bureau of Investigation. The requirements of this subdivision shall not apply to an application to change the name of a minor less than 16 years of age. (3) A sworn statement as to the following: a. That the applicant is a bona fide resident of, and domiciled in, the county where the change of name is sought. b. Whether or not the applicant has outstanding tax or child support obligations.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1975
Opinions citing this section in our collection:
- In Re the Change of Name of Mohlman (Court of Appeals of North Carolina 1975, 26 N.C. App. 220)“…at least two citizens of the county who know his standing". G.S. § 101-5 provides that "[i]f the clerk thinks th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Carolina Name Change Laws: Process, Forms, and the New 2025 Publication Repeal
§ 101-2Procedure for changing name; petition; noticeIn forcecited in 2 of our articles
(a) A person who wishes, for good cause shown, to change his or her name must file an application before the clerk of the superior court of the county in which the person resides. (b) Repealed by Session Laws 2025-54, s. 4(a), effective December 1, 2025, and applicable to all applications for a name change pursuant to Chapter 101 of the General Statutes filed on or after that date. (c) The application and the court's entire record of the proceedings relating to the applicant's name change is not a matter of public record where the applicant meets either of the following criteria: (1) Is a participant in the address confidentiality program under Chapter 15C of the General Statutes. (2) Provides evidence that the applicant is a victim of domestic violence, sexual offense, or stalking. This evidence may include any of the following: a. Law enforcement, court, or other federal or state agency records or files. b. Documentation from a program receiving funds from the Domestic Violence Center Fund, if the applicant is alleged to be a victim of domestic violence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ncleg.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2019
In the courts (editorial summary, independently checked):In Re the Change of Name of Crawford (1999) applied the minor consent proviso then in G.S. 101-2 to bar a mother from changing her child's surname without the father's consent, and held no best interests inquiry is required. In Re the Change of Name of Mohlman (1975) read Chapter 101 as not abrogating the common law.
Opinions citing this section in our collection:
- In Re the Change of Name of Crawford (Court of Appeals of North Carolina 1999, 134 N.C. App. 137)✓An unmarried mother petitioned to add her surname to her child's name over the acknowledged father's objection; the court held the proviso in G.S. 101-2 bars one parent from applying without the other's consent, and that the statute requires no best interests inquiry.
- Hunt v. Collinsworth (Court of Appeals of North Carolina 2019, 822 S.E.2d 790)“…t may also seek to change the name of a minor child under N.C. Gen. Stat. § 101-2 , which states: An application to ch…”
- Rosero v. Blake (Court of Appeals of North Carolina 2002, 150 N.C. App. 250)“…1111 (1999) (grounds for termination of parental rights); N.C. Gen. Stat. § 101-2 (1999) (consent required for change in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Code of Washington
§ 4.24.130Action for change of name—Fees.In forcecited in 2 of our articles
(1) Any person desiring a change of the person's name or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, may apply therefor to the district court of any judicial district in the state, by petition setting forth the desire for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former. (2) An offender under the jurisdiction of the department of corrections who applies to change the offender's name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing the offender's name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):Washington courts treat RCW 4.24.130 as the route for a child's name change. In Re the Marriage of Hurta vacated a name change entered on a dissolution modification, saying the application had to be made under 4.24.130. Daves v. Nastos held a name change may be obtained in a paternity action only by amending the pleadings under 4.24.130.
Opinions citing this section in our collection:
- Daves v. Nastos (Washington Supreme Court 1985, 105 Wash. 2d 24)✓A trial court changed a child's surname to her father's in a paternity action; the court held the parentage statute does not itself authorize a name change, that the relief must be pleaded under RCW 4.24.130, and vacated the order for lack of a best interests finding.
- Danny v. Laidlaw Transit Services, Inc. (Washington Supreme Court 2008, 165 Wash. 2d 200)“…se include RCW 40.24.030 (address confidentiality program); RCW 4.24.130(5) (name of domestic violence victim ca…”
- In Re the Marriage of Hurta (Court of Appeals of Washington 1979, 25 Wash. App. 95)✓After a dissolution decree, a father petitioned to modify it so his daughter would carry his surname; the court held the dissolution statutes contain no name change provision, that application had to be made under RCW 4.24.130, and vacated the name change order.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington 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: Name Change Laws by State: Court Process, Publication, and Restrictions, New York Name Change Laws: How to Legally Change Your Name
§ 64-aSealing name change papersIn forcecited in 2 of our articles
Sealing name change papers. 1. If the court shall find that open record of an applicant's change of name would jeopardize such applicant's personal safety, based on totality of the circumstances, the court shall, at the request of the applicant or sua sponte, order the records of such change of name proceeding be sealed, to be opened only by order of the court for good cause shown or at the request of the applicant. For the purposes of this section, "totality of the circumstances" shall include, but not be limited to, a consideration of the risk of violence or discrimination against the applicant, including such applicant's status as transgender or as the subject of domestic violence. The court shall not deny such sealing request solely on the basis that the applicant lacks specific instances of or a personal history of threat to personal safety. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In re M.M. (New York Supreme Court 2003, 2 Misc. 3d 747)“…f an infant. The court is also mindful of the provisions of Civil Rights Law § 64-a, which recites as follows: “If the co…”
- In re E.P.L. (New York Supreme Court 2009, 26 Misc. 3d 336)“…order. However, that requirement may be waived pursuant to Civil Rights Law § 64-a. Here, citing that provision of the l…”
- In re Doe (Civil Court of the City of New York 2003, 3 Misc. 3d 648)“…(3) maintained as a court record accessible to the public (Civil Rights Law § 64-a). She attests that if the name changes…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Massachusetts General Laws, Chapter 210
§ 13Notice and certificate; decree; entry; conditions precedentIn forcecited in 2 of our articles
[ Text of section effective until November 25, 2025. For text effective November 25, 2025, see below.] Section 13. The court shall, before decreeing a change of name, request a report from the commissioner of probation on the person filing the petition and, except for good cause shown, require public notice of the petition to be given and any person may be heard thereon, and, upon entry of a decree, the name as established thereby shall be the legal name of the petitioner, and the register may issue a certificate, under the seal of the court, of the name as so established. No decree shall be entered, however, until there has been filed in the court a copy of the birth record of the person whose name is sought to be changed and, in case such person's name has previously been changed by decree of court or at marriage pursuant to section one D of chapter forty-six, either a copy of the record of his birth amended to conform to the previous decree changing his name, a copy of such decree, or a copy of the record of marriage; provided, that the filing of any such copy may be dispensed with if the judge is satisfied that it cannot be obtained. Chapter 210: Section 13.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- Verrill (Massachusetts Appeals Court 1996, 40 Mass. App. Ct. 34)“…nsed with the publication requirement as delineated in *35 G. L. c. 210, § 13, upon the petitioner’s request. 1 Ther…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Name Change Laws: Petitions Are Now Impounded by Default
Colorado Revised Statutes, Title 13: Courts and Court Procedure
§ 13-15-101Petition - proceedings - applicabilityIn forcecited in 2 of our articles
(1) (a) (I) Every person desiring to change the person's own name may present a petition to that effect, verified by affidavit, to the district or county court in the county of the petitioner's residence, except as otherwise provided in subsection (1)(a.5) of this section. The petition must include: (A) The petitioner's full name; (B) The new name desired; and (C) A concise statement of the reason for the name change. (II) If the petitioner is over fourteen years of age, the petition shall also include the results of a certified, fingerprint-based criminal history record check conducted pursuant to paragraph (c) of this subsection (1) within ninety days prior to the date of the filing of the petition. (III) If the petitioner is under nineteen years of age, the petition shall also include the caption of any proceeding in which a court has ordered child support, allocation of parental responsibilities, or parenting time regarding the petitioner.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at olls.info
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Matter of King (Colorado Court of Appeals 2025)“…etrimental to the interests of any other person. C.R.S. § 13-15-101(3)(d). King now appeals.…”
- Gays Against Groomers v. Garcia (Court of Appeals for the Tenth Circuit 2026)“…ny from changing their legal name except for “good cause.” Colo. Rev. Stat. § 13-15-101 (West 2024). As introduced in the House…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Name Change Laws: Fingerprints, Felony Bar, and How to Petition
Oklahoma Statutes, Title 12: CIVIL PROCEDURE
§ 1631Right to petition for change of nameIn forcecited in 2 of our articles
Any natural person, who has been domiciled in this state or who has been residing upon any military reservation located in said state, for more than thirty (30) days, and has been an actual resident of the county or such military reservation situated in said county, or county in which the military reservation is situated, for more than thirty (30) days, next preceding the filing of the action, may petition for a change of name in a civil action in the district court; provided, no person who is required to register as a sex offender pursuant to the Oklahoma Sex Offenders Registration Act may petition for a change of name. If the person be a minor, the action may be brought by guardian or next friend as in other actions. Added by Laws 1953, p. 57, § 1. Amended by Laws 1955, p. 141, § 1; Laws 1957, p. 83, § 1; Laws 2014, c. 35, § 1, eff. Nov. 1, 2014.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2016
In the courts (editorial summary, independently checked):IN THE MATTER OF THE APPLICATION OF B.J.A.L. TO CHANGE HER NAME (2014) held 12 O.S. 1631 et seq. is broad enough to let a court change a child's surname over a never married parent's objection if that parent got proper notice. REED v. REMMERT (2016) routed a paternity case name change to 10 O.S. 90.4 instead.
Opinions citing this section in our collection:
- REED v. REMMERT (Court of Civil Appeals of Oklahoma 2016, 2016 OK CIV APP 65)✓In a paternity case the mother disputed the court's power to give the child the father's surname; the court of appeals concluded the change was properly pursued under 10 O.S. 90.4 rather than the separate 12 O.S. 1631-1637 procedure, and affirmed.
- IN THE MATTER OF THE APPLICATION OF B.J.A.L. TO CHANGE HER NAME (Court of Civil Appeals of Oklahoma 2014, 341 P.3d 698)“…e 12. Civil Procedure Cite Name Level 12 O.S. 1631 , Right to Petition for Change of Nam…”
- Reed v. Reed (Supreme Court of Oklahoma 1959, 338 P.2d 350)✓A mother and stepfather had the child use the stepfather's surname; the Oklahoma Supreme Court rejected the claim that the name had legally changed before the 1953 act, 12 O.S. 1631 et seq., holding the change needed the father's consent.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oklahoma Name Change Laws: Court Process, Marriage-License Option, and the Sex Offender Bar
Code of Federal Regulations Title 22
§ 51.25Name of applicant to be used in passport.In forcecited in 4 of our articles
(a) The passport shall be issued in the full name of the applicant, generally the name recorded in the evidence of nationality and identity. (b) The applicant must explain any material discrepancies between the name on the application and the name recorded in the evidence of nationality and identity. The name provided by the applicant on the application may be used if the applicant submits the documentary evidence prescribed by the Department. (c) A name change will be recognized for purposes of issuing a passport if the name change occurs in one of the following ways. (1) Court order or decree. An applicant whose name has been changed by court order or decree must submit with his or her application a copy of the order or decree. Acceptable types of court orders and decrees include but are not limited to: (i) A name change order; (ii) A divorce decree specifically declaring the return to a former name; (2) Certificate of naturalization issued in a new name. (3) Marriage. An applicant who has adopted a new name following marriage must present a copy of the marriage certificate. (4) Operation of state law.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Alzokari v. Pompeo (Court of Appeals for the Second Circuit 2020, 973 F.3d 65)“…ame recorded in the evidence of nationality and identity.” 22 C.F.R. § 51.25(a). Where, as here, the applicant is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Name Change After Divorce, Name Change After Marriage, Name Change Checklist: Social Security, License, Passport & More
Code of Federal Regulations Title 6
§ 37.11Application and documents the applicant must provide.In forcecited in 5 of our articles
(a) The State must subject each person applying for a REAL ID driver's license or identification card to a mandatory facial image capture, and shall maintain photographs of individuals even if no card is issued. The photographs must be stored in a format in accordance with § 37.31 as follows: (1) If no card is issued, for a minimum period of five years. (2) If a card is issued, for a period of at least two years beyond the expiration date of the card. (b) Declaration. Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct, and the State must retain this declaration. An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits. (c) Identity. (1) To establish identity, the applicant must present at least one of the following source documents: (i) Valid, unexpired U.S. passport. (ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth. (iii) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or FS-545.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State of Texas v. USA (Court of Appeals for the Fifth Circuit 2015, 809 F.3d 134)“…ify each applicant's immigration status through DHS, see 6 C.F.R. § 37.11 (g), .13(b)(1), or the state’s licenses…”
- United States v. Ruberman Ardon Chinchilla (Court of Appeals for the Eleventh Circuit 2021, 987 F.3d 1303)“…y his identity and legal presence in the United States. See 6 C.F.R. § 37.11 (2019) (establishing minimum standards…”
- Intercommunity Justice and Peace Center v. Registrar, Ohio Bureau of Motor Vehicles (District Court, S.D. Ohio 2020)“…(B); 119 Stat. 313; (49 U.S.C. § 30301 codified as note); 6 C.F.R. § 37.11. To show the fifth element, comm…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Driver's Licenses for Undocumented Immigrants by State (2026), Is a Matrícula Consular Valid ID in the U.S.? (2026)
Sources and References
- Electronic Code of Federal Regulations, 22 CFR 51.25, Name on passport(ecfr.gov).gov
- Hawaii Revised Statutes §574-5, Change of name(capitol.hawaii.gov).gov
- North Carolina General Statutes §101-2, Procedure for changing name(ncleg.gov).gov
- Revised Code of Washington 4.24.130, Change of name(app.leg.wa.gov).gov
- New York Consolidated Laws, Civil Rights Law §60(nysenate.gov).gov
- General Laws of Massachusetts, c.210 §13(malegislature.gov).gov
- Colorado Revised Statutes §13-15-101(olls.info).gov
- Oklahoma Statutes, 12 O.S. §1631(oklegislature.gov).gov
- Electronic Code of Federal Regulations, 6 CFR 37.11, Application and document requirements(ecfr.gov).gov
- California Code of Civil Procedure, Title 8, Change of Names (CCP §§1275-1279.6)(leginfo.legislature.ca.gov)