Think about what goes into a name for a child. Some parents search through baby name books and websites, others are guided more by their family history or by the naming customs of their cultures. Yet, despite all of their efforts, parents do not necessarily have the last word when it comes to names.
For example, a person may wish to change his name simply because he does not like it, or maybe because he would prefer a name that is easier to spell or pronounce. Another common reason is the desire of a re-married parent to have her children adopt her new surname.
Pennsylvania law authorizes the court of common pleas of the county in which a person lives to issue a change of name order provided that certain procedures are followed and criteria are met. First, a petition to change the name must be filed with the court. The court then issues an order directing the petitioner to advertise in two newspapers a notice that the petition was filed and the date set for the hearing on the petition. If the petition is to change the name of a minor child, notice must also be given to any non-petitioning parent.
Because the court may not order a change of name for a person convicted of certain serious crimes such as murder, rape, aggravated assault and arson, the court must forward the request for name change, along with a set of the person’s fingerprints, to the Pennsylvania State Police for certification. This procedure, however, does not apply to proceedings involving a request to resume a former surname or to name changes involving minor children in adoption proceedings.
At the hearing, the petitioner must prove that the notice was advertised and must provide evidence that there are no outstanding judgments or decrees against him. Anyone having lawful objections to the change of name may also attend the hearing.
If, for example, a mother remarries and wishes her child to take her new surname, she will have the burden of establishing that the proposed change would be in her child’s best interest. Among the factors the court may take into consideration are whether the change of name will affect the relationship between parent and child, and, if the child is of sufficient age, whether the child fully understands the significance and consequences of changing his or her name.
At the conclusion of the hearing on a petition for name change, if the court is satisfied that there is no lawful objection (such as attempting to avoid taxes or debts) and that the requirements of the statute have been complied with, it may enter a decree changing the name as requested.
If we can answer any questions for you in this regard, please contact our office.
— Denise Ciampitti