Change of Name in California

Part 3, Title 8 of the Code of Civil Procedure deals with change of names in special proceedings of a civil nature.

Section 1275 provides that applications for change of names must be determined by the Superior Courts.

Section 1276 requires all applications for change of names to be made to the superior court of the county where the person whose name is proposed to be changed resides. The petition or pleading specifies the place of birth and residence of the person, the person’s present name, the name proposed, and the reason for the change of name.

In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition must, if neither parent of the person has signed the petition, name, as far as known to the person proposing the name change, the parents of the person and their place of residence, if living, or, if neither parent is living, near relatives of the person, and their place of residence.

In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older, has been relinquished to an adoption agency by the person’s parent or parents, and has not been legally adopted, the petition must be signed by the person and the adoption agency to which the person was relinquished. The near relatives of the person and their place of residence are not included in the petition unless they are known to the person whose name is proposed to be changed.

An application for a change of name may be made to a superior court for a person whose name is proposed to be changed, even if the person does not reside within the State of California, if the person is seeking to change their name on at least one of the three specified documents.

Section 1277 provides that, if a proceeding for a change of name is commenced by the filing of a petition, the court must make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order must direct all persons interested in the matter to appear before the court at a time and place specified.

A copy of the order to show cause must be published in a newspaper of general circulation to be designated in the order published in the county. If a newspaper of general circulation is not published in the county, a copy of the order to show cause is to be posted by the clerk of the court in three of the most public places in the county in which the court is located, for a like period. Proof must be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.

If the petition for a change of name alleges a reason or circumstance specified in law, and the petitioner has established that the petitioner is an active participant in the address confidentiality program and that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause. This procedure applies to petitions alleging any of the four specified reasons or circumstances.

The court may, at the request of the petitioner, issue an order reciting the name of the petitioner at the time of the filing of the petition and the new legal name of the petitioner as a result of the court’s granting of the petition. A petitioner may request that the court file the petition and any other papers associated with the proceeding under seal. The court may consider the request at the same time as the petition for name change, and may grant the request in any case in which the court finds that all five of the specified factors apply.

If an application for change of name is brought as part of an action under the Uniform Parentage Act, service of the application is made upon all other parties to the action in a like manner as prescribed for the service of a summons. Upon the setting of a hearing on the issue, notice of the hearing is given to all parties in the action in a like manner and within the time limits prescribed generally for the type of hearing (whether trial or order to show cause) at which the issue of the change of name is to be decided.

Section 1277.5 states that, if a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, the court is required to make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed.

If a petition is filed to change the name of a minor to conform to gender identity that does not include the signatures of both living parents, the petition and the order to show cause must be served on the parent who did not sign the petition. The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.

Section 1278 requires the petition or application to be heard at the time designated by the court, only if objections are filed by a person who can show to the court good cause against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as the court may deem right and proper.

If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted. If the petition for a change of name is filed by a guardian on behalf of a minor ward, the court must first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of the parents.

Section 1278.5 specifies that, in any proceeding pursuant to this title in which a petition has been filed to change the name of a minor, and both parents, if living, do not join in consent, the court may deny the petition in whole or in part if it finds that any portion of the proposed name change is not in the best interest of the child.

Section 1279.5 clarifies that this title does not abrogate the common law right of a person to change his or her name. A person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail has the right to petition the court to obtain a name or gender change.

Section 1279.6 prohibits any person engaged in a trade or business of any kind or in the provision of a service of any kind shall do either of two specified activities.