Illinois Name Change Instructions and Forms Package for an Adult
Note: This summary is not intended to be an all-inclusive
discussion of the law applicable to an action for change of name in Illinois,
but does include basic and other provisions.
Name Change Action Allowed: In
Illinois,a person may change the name of a minor by filing an action in
the circuit court with appropriate forms.
Who is an adult? A person who
has attained the age of 18 years is considered an adult.
Is there any reason why a petitioner might not
be allowed to change the name of a minor? Yes. The
court must find that the statutory requirements have been satisfied and
that there does not appear to be a reason why it should not be granted.
The name change as to a minor will be granted only when the court finds
by clear and convincing evidence that the change is necesary to serve the
best interests of the child. A person is not allowed to change the
name of a minor in order to avoid judgments or legal actions against the
minor, or to avoid the minor's debts and obligations. A person can
not change the name of a minor to defraud any person.
Requirements for Name Change Order:
For an order of name change to be granted, the court must find first that
the statutory requirements have been met, it will serve the best interests
of the child, and that there does not appear to be any reason why it should
not be granted. A change of name upon marriage, dissolution, or divorce
meets these requirements.
Is Publication of a Notice Required? Yes.
Notice of the name change must be filed prior to a hearing on the petition.
Who must be provided notice of the Petition?
The General Public is given notice by publication.
Procedures: The process for obtaining
a name change for a minor in the State of Illinois begins with the filing
of a Petition by the parent or legal guardian of the minor with the Circuit
Court in the county in which Petitioner resides. The Petition informs
the Court of the minor's name, the name the Petitioner wishes the minor
to adopt, the minor's residence, and the state or country of Petitioners
birth. The Petition must be verified by the affidavit of some credible
person.
The Petitioner must then publish notice of the intended application
for change of name once each week for three (3) consecutive weeks in a
newspoaper in the jurisdiction where the minor resides. A Certificate of
Publication is filed with the court after publication has been completed.
When it appears to the court that the statutory requirements have
been satisfied and there does appear to be any reason not to grant the
application, the court may issue an order of change of name.
Statutes:
Illinois Compiled Statutes, Chapter 735 Civil Procedure, Art. XXI
Change of Name,
Proceedings; parties:
If any person who is a resident of this
State and has resided in this State for 6 months desires
to change his or her name and to assume another
name by which to be afterwards called
and known, the person may file a petition in the
circuit court of the county wherein he or she resides praying for
that relief. If it appears to the court
that the conditions hereinafter mentioned have been complied with and that
there is no reason why the prayer should
not be granted, the court, by an order to be entered of record, may
direct and provide that the name of that person be changed
in accordance with the prayer in the petition. The filing of a petition
in accordance with this Section shall be the sole and exclusive means by
which any person committed under the
laws of this State to a penal institution may change his
or her name and assume another name.
However, any person convicted of a felony, misdemeanor criminal
sexual abuse when the victim of the offense at the time of its
commission is under 18 years of age,
misdemeanor sexual exploitation of a child, misdemeanor indecent
solicitation of a child, or misdemeanor indecent solicitation
of an adult in this State or any other state who has not been
pardoned may not file a petition for a name change until 2
years have passed since completion and discharge from his or her
sentence. A petitioner may include his or her spouse and adult
unmarried children, with their consent, and his
or her minor children where it appears to the court that it is for
their best interest, in the petition
and prayer, and the court's order shall
then include the spouse and children. Whenever any minor
has resided in the family of any person for the space of 3 years and has
been recognized and known as an adopted child
in the family of that person, the application herein provided for may be
made by the person having that minor in his or her family.
An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is necessary
to serve the best interest of the child. In determining the best
interest of a minor child under this Section, the court shall consider
all relevant factors, including:
(1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those
wishes. The court may interview the
child in chambers to ascertain the child's wishes with respect to
the change of name. Counsel shall be present at the interview
unless otherwise agreed upon by the parties.
The court shall cause a court reporter to be present who shall make
a complete record of the interview instantaneously to be part of
the record in the case.
(3) The interaction and interrelationship
of the child with his or her parents or persons acting as parents
who have physical custody of the child, step-parents,
siblings, step-siblings, or any other person who may significantly affect
the child's best interest.
(4) The child's adjustment to his or her home,
school, and community. Illinois Compiled Statutes, Chapter
735 Civil Procedure, Art. XXI Change of Name, Sec. 21-101.
Petition:
The petition shall set forth the name then held,
the name sought to be assumed, the residence of the petitioner,
the length of time the petitioner has resided in this State,
and the state or country of the petitioner's nativity or supposed
nativity. The petition shall be signed by
the person petitioning or, in case of minors, by the parent
or guardian having the legal custody of the minor. The petition shall
be verified by the affidavit of some credible person. Illinois Compiled
Statutes, Chapter 735 Civil Procedure, Art. XXI Change of Name, Section
21-102.
Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof
in some newspaper published in the municipality
in which the person resides if the municipality is in
a county with a population under 2,000,000,
or if the person does not reside in a municipality in a county with a population
under 2,000,000, or if no newspaper is published
in the municipality or if the person resides in a county with a population
of 2,000,000 or more, then in some
newspaper published in the county where the person resides, or if
no newspaper is published in that county, then
in some convenient newspaper published in this
State. The notice shall be inserted for 3 consecutive weeks, the
first insertion to be at least 6 weeks before the return day upon which
the petition is to be filed, and shall be signed by the
petitioner or, in case of a minor,
the minor's parent or guardian, and shall set forth the return day
of court on which the petition is to be filed and
the name sought to be assumed.
(b) The publication requirement of
subsection (a) shall not be required in any application for a change
of name involving a minor if, before making judgment
under this Article, reasonable notice and
opportunity to be heard is given to any parent
whose parental rights have not been previously terminated and to any person
who has physical custody of the child. If
any of these persons are outside this State, notice and opportunity to
be heard shall be given under Section 21-104.
(c) The Director of State Police or his or her designee
may apply to the circuit court for
an order directing that the notice and publication
requirements of this Section be waived if the Director
or his or her designee certifies that
the name change being sought is intended to protect a
witness during and following a
criminal investigation or proceeding. Illinois Compiled Statutes,
Chapter 735 Civil Procedure, Art. XXI Change of Name, Sec. 21-103.
Sec. 21-104. Process and notice to persons outside
this State.
(a) Process in change of name proceedings shall be
governed by this Code.
(b) Notice in all change of name proceedings
required for the exercise of jurisdiction over a person outside
this State shall be given in a manner best calculated to give actual
notice and shall be given in one of the following manners:
(1) By personal delivery outside this
State in the manner prescribed for service of process
within this State.
(2) In the manner prescribed by the law of the place
in which the service is made for service of process in
that place in an action in any of its courts of general
jurisdiction.
(3) By any form of mail addressed to the person
to be served and requesting a receipt.
(4) As directed by the court if other means of
notification are ineffective.
(c) Notice under this Section shall be served, mailed, or delivered
at least 10 days before any hearing in this State.
(d) Proof of service outside this State may be made by affidavit
of the individual who made the service or in the manner prescribed
by the law of this State, the order pursuant to which the service is
made, or the law of the place in which the service is
made. If service is made by mail, proof may be a receipt
signed by the addressee or other evidence
of delivery to the addressee. Illinois Compiled Statutes, Chapter
735 Civil Procedure, Art. XXI Change of Name, Sec. 21-1-4.
Other Name Change References:
Minor defined:
A minor is a person who has not attained the age of 18 years. A
person who has attained the age of 18 years is of legal age for all purposes
except as otherwise provided in the Illinois Uniform Transfers to Minors
Act. Illinois Compiled Statutes, Chapter 755 Estates, Art.
XI Minors, Sec. 11-1.
