Name Changes

Name changes are often an important part of the adoption process; however, name changes can also be done without an adoption. This post will discuss both.

Name Change as Part of Adoption:

The Utah Adoption Code allows both minors and adults (adults who are being adopted) to change their name as part of the adoption process. Name changes often promote family bonding and solidarity. The adoptee's new, post-adoption name is usually included in the petition for adoption and always included on the Vital Records Report of Adoption form. While we like to know the adoptee's new name up front when we are preparing the case, there is time for pondering or changes; we can file the petition without knowing what the new name will be. Then, before the hearing, we can include the new name on the proposed Order or Decree for the judge to sign.

Stand-Alone Name Changes:

Getting a name change can be done outside of adoption as a stand-alone petition for name change. The current Utah Code section on this is U.C.A. 42-1-1 which provides in part that "any natural person, desiring to change the natural person's name, may file a petition in the district court of the county where the natural person resides, setting forth: (a) the cause for which the change of name is sought; (b) the name proposed; and (c) that the natural person has been a bona fide resident of the county for the year immediately prior to the filing of the petition." Registered sex offenders must disclose their registration status, and persons who are incarcerated, on probation or on parole may not receive a name change. Changing the name of a child (outside of adoption) requires giving notice to the child's parents or guardians of the name-change petition so they may participate in the hearing and perhaps object to the change. Or, we can simply get the written consent of the child's non-custodial parent and file that with the court. Note: Utah Vital Records may require the court order to specifically state that the name change applies retroactively to the birth of the child and that Vital Records shall amend the birth certificate to reflect the court-ordered name change. The best practice is to contact Vital Records to ensure (on the front end) that you understand their requirements.

The name-change statute also provides that simply getting a name change does not "affect any legal action or proceeding then pending, or any right, title or interest whatsoever." U.C.A. 42-1-3. However, to prevent problems with travel, banking, etc., it is best to update your driver's license, passport, social security record, bank accounts, etc. If your name with Social Security does not match the name on your IRS tax filing, there can be problems since the IRS cross-references their records with SSA records.

The current cost to file a name-change petition in a Utah District Court is $375. At Utah Adoption Law Center, we can help with name changes, but frankly it is probably something clients can handle on their own by following the instructions on the Utah Courts Self Help webpage.