CHAPTER 2. CHANGE OF NAME
IC 34-28-2
Chapter 2. Change of Name
IC 34-28-2-1
Petition to circuit court
Sec. 1. Except as provided in section 1.5 of this chapter, thecircuit courts in Indiana may change the names of natural persons onapplication by petition.
As added by P.L.1-1998, SEC.24. Amended by P.L.18-1998, SEC.1.
IC 34-28-2-1.5
Incarcerated persons may not petition for change of name
Sec. 1.5. A person may not petition for a change of name underthis chapter if the person is confined to a department of correctionfacility.
As added by P.L.18-1998, SEC.2.
IC 34-28-2-2
Filing petition; procedure for change of name of minor
Sec. 2. (a) The petition described in section 1 of this chapter must:
(1) if applicable, include the information required by section 2.5of this chapter;
(2) in the case of a petition filed by a person described insection 2.5 of this chapter, be subscribed and sworn to (oraffirmed):
(A) under the penalties of perjury; and
(B) before a notary public or other person authorized toadminister oaths; and
(3) be filed with the circuit court of the county in which theperson resides.
(b) In the case of a parent or guardian who wishes to change thename of a minor child, the petition must be verified, and it must statein detail the reason the change is requested. In addition, except wherea parent's consent is not required under IC 31-19-9, the writtenconsent of a parent, or the written consent of the guardian if bothparents are dead, must be filed with the petition.
(c) Before a minor child's name may be changed, the parents orguardian of the child must be served with a copy of the petition asrequired by the Indiana trial rules.
As added by P.L.1-1998, SEC.24. Amended by P.L.61-2010, SEC.1.
IC 34-28-2-2.5
Contents of petition
Sec. 2.5. (a) If a person petitioning for a change of name underthis chapter is at least seventeen (17) years of age, the person'spetition must include at least the following information:
(1) The person's date of birth.
(2) The person's current:
(A) residence address; and
(B) if different than the person's residence address, mailing
address.
(3) The person's valid:
(A) Indiana driver's license number; or
(B) Indiana identification card (as described in IC 9-24-16)number.
(4) A list of all previous names used by the person.
(5) Proof that the person is a United States citizen.
(6) A statement concerning whether the person holds a validUnited States passport.
(7) A description of all judgments of criminal conviction of afelony under the laws of any state or the United States that havebeen entered against the person.
(b) A petition under subsection (a) is subject to Indiana Rules ofCourt Administrative Rule 9.
As added by P.L.61-2010, SEC.2.
IC 34-28-2-3
Notice of petition
Sec. 3. (a) Upon filing a petition for a name change, the applicantshall give notice of the petition as follows:
(1) By three (3) weekly publications in a newspaper of generalcirculation published in the county in which the petition is filedin court.
(2) If no newspaper is published in the county in which thepetition is filed, the applicant shall give notice in a newspaperpublished nearest to that county in an adjoining county.
(3) The last weekly publication shall be published not less thanthirty (30) days before the day the petition will be heard asindicated in the notice.
(b) In the case of a petition described in section 2(b) of thischapter, the notice required by this section must include thefollowing:
(1) The name of the petitioner.
(2) The name of the minor child whose name is to be changed.
(3) The new name desired.
(4) The name of the court in which the action is pending.
(5) The date on which the petition was filed.
(6) A statement that any person has the right to appear at thehearing and to file objections.
(c) Except as provided in section 1.5 of this chapter, in the case ofa person who has had a felony conviction within ten (10) yearsbefore filing a petition for a change of name, at least thirty (30) daysbefore the hearing the petitioner must give notice of the filing of thepetition to:
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which thepetitioner resides; and
(3) the Indiana central repository for criminal historyinformation.
(d) The notice given to the Indiana central repository for criminal
history information under subsection (c) must include the petitioner'sfull current name, requested name change, date of birth, address,physical description, and a full set of classifiable fingerprints.
(e) The Indiana central repository for criminal history informationshall forward a copy of any criminal records of the petitioner to thecourt for the court's information.
(f) A copy of the court decree granting or denying such a petitionshall be sent to the Indiana state police.
(g) A person who violates subsection (c) commits a Class Amisdemeanor.
As added by P.L.1-1998, SEC.24. Amended by P.L.18-1998, SEC.3;P.L.1-1999, SEC.72; P.L.61-2010, SEC.3.
IC 34-28-2-4
Proof of publication; time of hearing; notice requirements;determination on petition
Sec. 4. (a) Proof of the publication required in this chapter ismade by filing a copy of the published notice, verified by theaffidavit of a disinterested person, and when proof of publication ismade, the court shall, subject to the limitations imposed bysubsections (b), (c), and (d), proceed to hear the petition and make anorder and decree the court determines is just and reasonable.
(b) In the case of a petition described in section 2(b) of thischapter, the court may not hear the petition and issue a final decreeuntil after thirty (30) days from the later of:
(1) the filing of proof of publication of the notice requiredunder subsection (a); or
(2) the service of the petition upon the parents or guardian ofthe minor child.
(c) In the case of a petition described in section 2(b) of thischapter, the court shall set a date for a hearing on the petition if:
(1) written objections have been filed; or
(2) either parent or the guardian of the minor child has refusedor failed to give written consent as described in section 2(b) ofthis chapter.
The court shall require that appropriate notice of the hearing be givento the parent or guardian of the minor child or to any person who hasfiled written objections.
(d) In deciding on a petition to change the name of a minor child,the court shall be guided by the best interest of the child rule underIC 31-17-2-8. However, there is a presumption in favor of a parentof a minor child who:
(1) has been making support payments and fulfilling otherduties in accordance with a decree issued under IC 31-15,IC 31-16, or IC 31-17 (or IC 31-1-11.5 before its repeal); and
(2) objects to the proposed name change of the child.
(e) In the case of a person required to give notice under section3(c) of this chapter, the petitioner must certify to the court that thepetitioner has complied with the notice requirements of thatsubsection.As added by P.L.1-1998, SEC.24. Amended by P.L.61-2010, SEC.4.
IC 34-28-2-5
Court decree as evidence; copy sent to health department, clerk ofcircuit court, or board
Sec. 5. (a) A copy of the decree of the court changing the name ofany natural person, certified under the seal of the court by the clerkof the court, is sufficient evidence of the name of the person, and ofa change having been made, in any court of Indiana.
(b) In the case of a petition described in section 2(b) of thischapter, the court shall send a copy of the final decree to the statedepartment of health and to the local health department of thecounty.
(c) In the case of a petition filed by a person at least seventeen(17) years of age, the court shall send a copy of the final decree tothe clerk of the circuit court or board of registration of the countywhere the person resides.
As added by P.L.1-1998, SEC.24.