Bill Text: IN HB1047 | 2010 | Regular Session | Engrossed
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-Engrossed.html
Citations Affected: IC 34-28.
Synopsis: Change of name requirements. Requires that a petition for
a change of name must: (1) include certain information for persons at
least 17 years of age; (2) if filed by a person at least 17 years of age, be
subscribed and sworn to (or affirmed) under the penalties of perjury
and 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. Specifies that a petition for a change of name for a
person at least 17 years of age must include: (1) the person's date of
birth; (2) the person's current residence address and, if different,
mailing address; (3) the person's valid Indiana driver's license or
identification card 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; and (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. Removes a provision that requires a
parent or guardian of a minor child who wishes to change the name of
the minor child to publish the first notice of the petition for the name
change not more than seven days after the date the petition is filed.
Effective: July 1, 2010.
(SENATE SPONSORS _ BRAY, LEWIS, RANDOLPH)
January 5, 2010, read first time and referred to Committee on Judiciary.
January 26, 2010, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 95, nays 0.
February 8, 2010, read first time and referred to Committee on Judiciary.
February 18, 2010, amended, reported favorably _ Do Pass.
February 24, 2010, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
(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.
(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) 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.
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.
(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
