Bill Text: IN HB1047 | 2010 | Regular Session | Enrolled
Bill Title: Change of name requirements.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1047 Detail]
Download: Indiana-2010-HB1047-Enrolled.html
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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HOUSE ENROLLED ACT No. 1047
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-28-2-2; (10)HE1047.1.1. -->
SECTION 1. IC 34-28-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The petition
described in section 1 of this chapter may must:
(1) if applicable, include the information required by section 2.5 of this chapter;
(2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affirmed):
(A) under the penalties of perjury; and
(B) before a notary public or other person authorized to administer oaths; and
(3) be filed with the circuit court of the county in which the person resides.
(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.
(c) Before a minor child's name may be changed, the parents or guardian of the child must be served with a copy of the petition as
(1) if applicable, include the information required by section 2.5 of this chapter;
(2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affirmed):
(A) under the penalties of perjury; and
(B) before a notary public or other person authorized to administer oaths; and
(3) be filed with the circuit court of the county in which the person resides.
(b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition.
(c) Before a minor child's name may be changed, the parents or guardian of the child must be served with a copy of the petition as
required by the Indiana trial rules.
SOURCE: IC 34-28-2-2.5; (10)HE1047.1.2. -->
SECTION 2. IC 34-28-2-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.5. (a) If a person petitioning for a change of name
under this chapter is at least seventeen (17) years of age, the
person's petition 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 valid United States passport.
(7) A description of all judgments of criminal conviction of a felony under the laws of any state or the United States that have been entered against the person.
(b) A petition under subsection (a) is subject to Indiana Rules of Court Administrative Rule 9.
(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 valid United States passport.
(7) A description of all judgments of criminal conviction of a felony under the laws of any state or the United States that have been entered against the person.
(b) A petition under subsection (a) is subject to Indiana Rules of Court Administrative Rule 9.
SOURCE: IC 34-28-2-3; (10)HE1047.1.3. -->
SECTION 3. IC 34-28-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) Upon filing a
petition for a name change, the applicant shall give notice of the
petition as follows:
(1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court.
(2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county.
(3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard as indicated in the notice.
(b) In the case of a petition described in section 2(b) of this chapter,
the petitioner must publish the first notice of the petition not more than
seven (7) days after the date the petition is filed.
(c) (b) In the case of a petition described in section 2(b) of this
chapter, the notice required by this section must include the following:
(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 the hearing and to file objections.
(d) (c) Except as provided in section 1.5 of this chapter, in the case
of a person who has had a felony conviction within ten (10) years
before filing a petition for a change of name, at least thirty (30) days
before the hearing the petitioner must give notice of the filing of the
petition to:
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which the petitioner resides; and
(3) the Indiana central repository for criminal history information.
(e) (d) The notice given to the Indiana central repository for
criminal history information under subsection (d) (c) must include the
petitioner's full current name, requested name change, date of birth,
address, physical description, and a full set of classifiable fingerprints.
(f) (e) The Indiana central repository for criminal history
information shall forward a copy of any criminal records of the
petitioner to the court for the court's information.
(g) (f) A copy of the court decree granting or denying such a petition
shall be sent to the Indiana state police.
(h) (g) A person who violates subsection (d) (c) commits a Class A
misdemeanor.
(1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court.
(2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county.
(3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard as indicated in the notice.
(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 the hearing and to file objections.
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which the petitioner resides; and
(3) the Indiana central repository for criminal history information.
SOURCE: IC 34-28-2-4; (10)HE1047.1.4. -->
SECTION 4. IC 34-28-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) Proof of the
publication required in this chapter is made by filing a copy of the
published notice, verified by the affidavit of a disinterested person, and
when proof of publication is made, the court shall, subject to the
limitations imposed by subsections (b), (c), and (d), proceed to hear the
petition and make an order and decree the court determines is just and
reasonable.
(b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of:
(1) the filing of proof of publication of the notice required under subsection (a); or
(2) the service of the petition upon the parents or guardian of the minor child.
(c) In the case of a petition described in section 2(b) of this chapter, 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 refused or failed to give written consent as described in section 2(b) of this chapter.
The court shall require that appropriate notice of the hearing be given to the parent or guardian of the minor child or to any person who has filed 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 under IC 31-17-2-8. However, there is a presumption in favor of a parent of a minor child who:
(1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, orIC 17 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(d)
3(c) of this chapter, the petitioner must certify to the court that the
petitioner has complied with the notice requirements of that subsection.
(b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of:
(1) the filing of proof of publication of the notice required under subsection (a); or
(2) the service of the petition upon the parents or guardian of the minor child.
(c) In the case of a petition described in section 2(b) of this chapter, 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 refused or failed to give written consent as described in section 2(b) of this chapter.
The court shall require that appropriate notice of the hearing be given to the parent or guardian of the minor child or to any person who has filed 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 under IC 31-17-2-8. However, there is a presumption in favor of a parent of a minor child who:
(1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or
(2) objects to the proposed name change of the child.
(e) In the case of a person required to give notice under section
HEA 1047 _ Concur
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