Name Change in Pennsylvania
by: Northwestern Legal Services
Introduction
The process for seeking a name change will depend on the person's age and other circumstances. For example, sometimes a name change for a child can be obtained by simply submitting the correct forms to the Department of Vital Statistics or, in the case of an adult after divorce, a written request to the Prothonotary at the Court of Common Pleas in the person's county of residence. Other name changes require a court order issued by a judge, while some people cannot, under any circumstances, change their name.
Only adults who wish to assume their former surname (last name) after they divorce, have the absolute right to change their name. In all other cases involving an adult or a child where both parents will not agree to the change, a judge at the Court of Common Pleas will make the decision. Please note that while Pennsylvania law says it is unlawful for an adult, except when assuming a maiden name after a divorce, to change their name without court approval, the law also says a person may informally adopt and use any name, so long as he or she does so "...consistently, non-fraudulently and exclusively."
Adult Name Changes
Many adults want to have their name changed to facilitate a fresh start in life. For an adult who is newly divorced, the procedure is very simple. A form must be prepared and submitted to the Prothonotary's office at the county courthouse. Completion and submission of the paperwork to assume your former name after a divorce is often provided as an additional service by divorce attorneys as part of their representation in the divorce. Otherwise, contact Northwestern Legal Services for assistance in obtaining the necessary paperwork and instructions. If the divorce was filed in another county or state, the out of county/state divorce decree must be filed with the name change form. There is a small fee for the forms and filing.
- Other Than After a Divorce
A name change is not so simple when an adult wishes to have his or her given name or surname changed for a reason other than divorce. The state is concerned that an adult may wish to change his or her name to avoid credit problems, a history of criminal acts, or use a new name to commit fraudulent acts. Therefore, an adult must file a petition in the Court of Common Pleas in the county where he or she lives, to obtain a name change. In addition, an adult is required to publicize the fact that his or her name is about to be changed (unless the Court finds that publication of a notice of name change would jeopardize the safety of the person seeking the name change or his or her child or ward), certify there are no legal judgements or liens against him or her, and give fingerprints to the court for the state police to review to see if there is a criminal record. People who are convicted of felonies cannot change their names less than two years before their sentence ends. Persons convicted of certain crimes (homicide, sexual crimes, arson, robbery, and aggravated assault) cannot get their names changed. Instructions and forms are available in this packet for an adult change of name.
Overview of Procedure for Adult Name Change
The Court of Common Pleas may issue an order changing the name of any person living in the county. An individual must start the procedure by filing a petition. Contact your local legal services program for more information if you want to file a petition to change your name.
The petition must contain the following information:
1. The petitioner's name, desire and intention to change his or her name;
2. Reason for seeking the name change;
3. The petitioner's current residence;
4. The petitioner's residence(s) during the five years prior to filing the name change petition;
5. A set of the petitioner's fingerprints. Fingerprint cards are obtained at the Prothonotary Office of the Court of Common Pleas and taken to the State Police for fingerprinting;
6. Whether petitioner has any prior criminal record;
7. Whether there are any liens or judgments of record filed against petitioner.
After the petition has been filed, the Court will enter an order directing the petitioner to give notice of the name change filing. The Court will order that the petitioner publish the notice. The purpose of publishing the notice is to let the community know that you are seeking to have your name changed. Anyone who would have a lawful objection to the changing of your name would be given notice by the publication.
The notice must be published in two newspapers of general circulation. You may publish the notice in a local newspaper in your county of residence or in a nearby county. An official paper for publication of legal notices may also be used. For example, the local County Bar Association may have a publication for legal notices that you can use.
Proof of publication must be presented at the hearing. A copy of the notice taken from the newspaper may be submitted to the Court as proof of publication.
However, if the court finds that the publication of the notice would jeopardize the safety of the person seeking the name change, or his or her child or ward, the Court can issue an order waiving the publication of the notice.
- Proof of Financial Standing
The Commonwealth is very concerned that adult individuals will attempt to avoid financial obligation by changing their names. An adult petitioner must also present official proof that there are no outstanding judgments against him or her. Official proof should consist of a judgement/lien check completed, signed and sealed by the Prothonotary's office. Proof that no outstanding judgments or liens exist must be provided from every county where the adult petitioner has lived during the five years prior to filing of the Petition for Name Change.
Name Changes for a Minor
Parents often wish to change their children's names when they make a new start in life. A name change for a child is simple, if the birth certificate was issued in Pennsylvania and both biological or adoptive parents consent to the change of name. Both of the biological parents must complete and sign the form on the back of their child's birth certificate. A leigible copy of one parents valid goverment issued photo ID must be included with the corrected request. No fee is required if the original incorrect birth certificate is returned with your request. The form is then mailed to the Department of Vital Statistics. The Department of Vital Statistics will send the parents a new birth certificate containing the child's new name.
Please note that Social Security will not change your child's name on his or her Social Security card unless you get a court order to change his or her name or you can show Social Security two acceptable forms of identification for the child, one in the child's previous name and one in the name on the new birth certificate. Some acceptable forms of identification include: a passport, school identification card, health insurance card and state issued identification card. It is very important that your child's name be the same on his or her birth certificate as on his or her Social Security card as it may otherwise be difficult in the future for your child to get a driver's license, passport or state issued identification card.
More information on changing a child's name on a Pennsylvania birth certificate may be found on the Internet at:
www.dsf.health.state.pa.us/health/site/default.asp A petition for a change of name for a child, where the other parent will not consent, should not be attempted without the advice of an attorney, because a petition must be filed in court. An attorney will help you find out if the Court is likely to grant a name change under the particular circumstances of your case. The following general rules apply to such petitions.
The Judicial Standard for changing the name of a child is "the best interest of the child." A parent or guardian who is seeking to change the name of a child must prove that the change is in the best interest of the child. The following matters are usually considered by the Court in determining whether to grant a petition to change a child's name:
The natural bond between parent and child. A change of name may affect the relationship between a parent and child. Most Courts find it in "best interest of the child" to maintain the link between parent and child. The Court will look at the parent's history of visitation with the child, whether child support payments have been maintained, and whether the parent has been consistently involved in the child's life. The Court must also consider the ties between the child and the parent's extended family.
The social impact or respect afforded a particular name in the community. A name change may be granted by the Court to protect a child from the bad reputation of a biological parent in the community. The link between the parent and child may cause embarrassment or problems for the child in school and the community. For example, a name change may be granted where a parent has committed a notorious crime in the community and the child suffers harassment because of bearing his or her parents' surname.
The age and ability of the child to understand the significance of changing his or her name. A Court is reluctant to change the name of a child when it fears that the petitioning parent is motivated by self interest. Children who are involved in bitter divorces or custody battles are often influenced by parents. The Court may look to the child to figure out whether the child understands the impact of changing his or her name. A young child will most likely not be able to understand what it will mean to change his or her name. Of course, a teenager can probably express his or her desire and understanding of the impact of the name change to a greater degree. The Court will decide how much weight to give to the desires of the child.
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We have attempted to insure the accuracy of the information in this pamphlet at the time it was created or revised. However, the law does change, sometimes quickly and unexpectedly. Therefore, you should consult an attorney before taking or refraining from any action based on the information in this pamphlet. |
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