Overview of Name Change Requirements Under California Law

California name change law allows persons over 18 to request a name change for themselves or for children under their guardianship. Here is an overview of the requirements when the name change is not due to a marriage or divorce.    

Reasons for a Name Change

The Courts are often willing to accept name changes for almost any legitimate reason, although the granting of a petition for change of name is discretionary with the Court. For an order/decree/judgment of name change to be granted, the Court must find compliance with the requirements of notice and the allegations in the application. The Court must also find good and sufficient reason for the change, and find the change consistent with the public interest.

Conversely, you cannot change your name for a fraudulent purpose, such as to avoid debts.  A name change may also be prohibited when the name change could affect the rights of another person, such as a celebrity.  Further, you cannot use an offensive word such as a racial slur or obscenity as your new name.

People change their names for a variety of legitimate reasons.  They could be seeking to correct a mistake made in their birth certificate, to restore a family surname which was changed in the past, or simply because they do not like the name they were given at birth, to name a few reasons. 

Requirements for a Name Change

California law has several requirements that must be satisfied before an adult can file for a name change.  Specifically, the person seeking the name change (1) must currently reside in California, (2) must currently live in the County where the name change action will be filed, (3) must not be under the jurisdiction of the California Department of Corrections (in state prison or on parole), (4) must not be required to register as a sex offender under Penal Code section 290, and (5) must not be requesting the name change to avoid creditors.

For a minor name change, California law imposes the additional requirements that written consent to the name change must be provided by all adults who retain legal rights over the minor, and that the name change be in the best interests of the child.

Procedure for Name Change

A name change can be accomplished by filing a Petition for Change of Name with the superior court. After filing the petition, the court will usually schedule a hearing date somewhere between one to two months away. The purpose of the hearing will be for a judge to review the requested name and to determine whether there is a good reason for the change. If approved, the judge will sign a decree which can be used as proof that the name has been changed legally.

California law demands that you publish your Order to Show Cause for Change of Name in a newspaper of general circulation once a week for four consecutive weeks. There is a publication fee charged by the newspaper, which can vary from county to county. 

In some courts, a hearing may not be required before a name change is ordered. If a judge approves the request, the individual will be issued a decree to serve as legal proof of their name change. 

Notification of the Appropriate Agencies

An individual’s records are not updated automatically with your new name.  You must provide a certified copy of your name change Decree with each government agency where you need to update your ID or record.  Take the certified copy of the Decree to the different agencies that issued the IDs you need to update.  For example, contact the Social Security Office near you to change your social security card and records, contact the DMV to change your driver’s license or ID, contact the Office of Vital Records to get an amended (updated) birth certificate, and contact the US Passport office to change your passport. 

Lynx Legal’s services include processing name changes. Please contact us at 925-237-9216 or info@lynxlegal.com to obtain a quote for our name change service or if you have any questions regarding the process.  You may also select “Schedule a Consultation” on our website for a 30-minute consultation.  Our experienced professionals are standing by to take your order and/or to answer any questions you may have.