When Can a Minor’s Name Legally Be Changed in Illinois?

Within A Divorce, Adoption or Other Legal Proceeding

In many court proceedings, including the finalization of an adoption or the dissolution of a marriage or a civil union, the ability to create a new last name or resume the use of a former last name is included as part of the final order. After entry of the order, the parents of the minor can provide documentation to the proper entities to enact the name change legally and obtain new documentation, including a new birth certificate, driver’s license or social security card, as applicable.

Minor Name Change Eligibility for a Separate Proceeding

An individual seeking to change a minor’s name, absent a connection to another legal proceeding, is eligible to do so in Illinois if they are at least 18 years old and have lived in Illinois for at least six months. They must also:

• be the parent with custody,
• be a guardian with legal custody or
• have housed the child(ren) for three years and have them recognized as their adopted children.

A child’s name cannot be changed if the child has been convicted of:

• a felony and has not been pardoned, or they finished their sentence less than 10 years ago; or
• identity theft or aggravated identity theft and has not been pardoned or
• a felony or misdemeanor for:
  • criminal sexual abuse when the victim at the time is under 18 years of age,
  • sexual exploitation of a child,
  • indecent solicitation of a child or an adult or
  • any other offense that requires the child to register as a sex offender and the child has not been pardoned.

When Multiple Parents or Legal Guardians are Involved?

If there are multiple parents or legal guardians for the child, the non-filing parent can sign the consent form, which is included in the request for a name change.

• If a parent is refusing consent, notice must be given by certified mail or sheriff/private process server delivery.
  • If the other parent or guardian cannot be found, a notice should be published in the local newspaper.
  • A judge may allow notice to the other parent or guardian to be skipped if it would pose a hardship to the child’s health or safety.

• If the other parent or guardian objects to the name change, the judge will decide whether to grant or deny your request.
• The judge will approve of the name change if they find it to be in the child’s best interests. While making this decision, the judge will consider:
  • The wishes of the child’s parents or anyone who has physical custody of the child.
  • The wishes of the child and the reasons for their wishes.
  • The child’s relationship between the child and parents or anyone who has physical custody of the child.
  • The child’s adjustment to home, school, and community.

Necessary Documents to Make Minor’s Name Change

Several forms and details are required to make the name change official. The necessary forms include, but are not limited to the following:

• Request for Name Change (Minor Children)
• Request for Name Change – Child Information (Minor Children)
• Notice of Court Date Request for Name Change (Minor Children)
• Order for Name Change (Minor Children)

What Happens Once the Name Change is Granted?

Once the judge grants a request for a name change, changes will not automatically occur. The individual seeking a name change for the minor will receive an Order for Name Change, which will be required to show while changing the child’s name on their social security card, birth certificate, driver’s license or ID and any other documents.

Kogut & Wilson can help with the ins and outs of the minor name change process. Get in touch with us for further assistance.