§574-5 - Change of name: procedure.

§574-5 Change of name: procedure. (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 resume the middle name or names and the last name
used by the party prior to the marriage or a middle name or names and last name
declared and used during any prior marriage and the court includes the change
of names in the divorce decree; 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 locate, notify, or elicit a response from the other
parent, and after an appropriate hearing, orders a change of name determined to
be in the best interests of the minor; provided that the family court may waive
the notice requirement to the noninitiating, noncustodial parent where the
court finds that the waiver is necessary for the protection of the minor;

(3) Upon marriage pursuant to section 574-1;

(4) Upon legitimation pursuant to section 338-21; or

(5) By an order or decree of any court of competent
jurisdiction within any state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or any territory or possession of the United States, changing the name of a person born in this State.

Any law to the contrary notwithstanding, no person
who is a covered offender subject to the registration requirements of section
846E-2 may obtain a name change, other than as provided in paragraph (2), (3),
(4), or (5), unless a court determines that it is in the best interest of
justice to grant the petition and that doing so will not adversely affect the
public safety.

(b) The order of change of name by the
lieutenant governor shall be founded upon a notarized petition. The petition
shall be executed by the person desirous of making the change of name. In the
case of a minor, the petition shall be executed:

(1) By the parents;

(2) By the parent who has custody of the minor with
the notarized consent of the noncustodial parent; or

(3) By the guardian of the minor.

(d) A notice of change of name signed by the
lieutenant governor shall be published once in a newspaper of general
circulation in the State as mentioned in the order for change of name, and the
petitioner within sixty days of the signing of the notice of change of name
shall deposit at the office of the lieutenant governor an affidavit executed by
an officer of the newspaper publishing the notice showing that the notice has
been published therein. The affidavit shall have attached to it a clipping
showing the notice as published. Failure to deposit the affidavit of
publication as required shall void that petition for a change of name by that
petitioner.

(e) When the petition is accompanied by an
affidavit executed by a prosecuting attorney of this State, the affidavit shall
show that for the protection of the person desirous of making a change of name,
the following actions shall not be necessary:

(1) Publication in a newspaper of general circulation
in the State; and

(2) Recordation in the bureau of conveyances.

The petition, affidavit, and order shall be kept
confidential. [L 1860, p 32, §6; am L 1872, c 30, §1; am L 1907, c 75, §1; RL
1925, §3122; RL 1935, §4666; am L 1935, c 93, §1; RL 1945, §12387; am L 1945, c
145, §1; am L 1953, c 237, §1; RL 1955, §327-5; am L Sp 1959 2d, c 1, §9; HRS
§574-5; am L 1977, c 31, §1; am L 1980, c 153, §4; am L 1982, c 50, §1; am L
1983, c 251, §1; am L 1984, c 245, §1; am L 1985, c 190, §2; am L 1986, c 250,
§1; am L 1991, c 121, §3; am L 1992, c 5, §1; am L 1995, c 152, §1; am L 1998,
c 311, §9; am L 2004, c 81, §1 and c 161, §36; am L 2007, c 47, §1]

Cross References

Modification of fees, see §92-28.

Attorney General Opinions

There is no requirement for a hearing before granting a name
change. Att. Gen. Op. 79-5.

Office of the lieutenant governor should continue to require
consent of the legal father before granting change in surname of minor child.
Att. Gen. Op. 79-8.

Change of name should not be granted if it appears that the
word constituting a name is to be used as a title rather than as a name;
hearing required to deny request. Att. Gen. Op. 81-1.

Consent of the minor's parents should be sought before a
guardian of the minor petitions for a name change; legal guardian of an
incapacitated person may petition for a name change. Att. Gen. Op. 90-1.