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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Name Change - Minor

Before Filing the Name Change Petition

  • The minor must live in the county where the name change petition will be filed for at least one year before the petition is filed.
  • The name change petition cannot be filed while the minor is involved in any kind of lawsuit, or while the minor is on probation or parole.
  • A minor older than 10 who is on the Child Abuse Offender Registry cannot ask for a name change. Some courts will require you to file the Department of Corrections Certification Regarding Sex and Kidnap Offender Registry and Child Abuse Offender Registry form. Utah Code Section 77-43-105(7)
  • The name change petition cannot be filed to avoid creditors, fines, or sentences in criminal actions.
  • The name change process cannot be used for an unworthy motive, or to commit fraud on the public.
  • The court will not change a name to one that is bizarre, unduly lengthy, ridiculous, or offensive to common decency and good taste.
  • Before changing a minor's name, the court must find that the name change is in the minor's "best interest." It will do so by considering several facts, which may include but not be limited to the following:
    1. the minor's preference, in light of the minor's age and experience;
    2. the effect of a name change on the development and preservation of the minor's relationship with each parent;
    3. the length of time a minor has used a name;
    4. the difficulties, harassment, or embarrassment a minor may experience from the present or proposed name;
    5. the possibility that a different name may cause the minor insecurity and lack of identity; and
    6. the motive or interests of the custodial parent.

Common Terms

  • Petition: The document that begins the name change process.
  • Petitioner: The person filing the Petition for Name Change.
  • Minor: In these forms, the word "minor" refers to anyone less than 18 years old.
  • May: In legal terms, "may" means "optional" or "can."
  • Shall: In legal terms, "shall" means something is required.

Fees

The fee for filing a name change petition is listed on the Cover Sheet for Probate Actions. The Cover Sheet must be filed with your Petition.

If you cannot afford to pay the filing fee, you can ask the court to consider waiving the fees. See the Fees and Waivers page for more information and forms.

Steps in a Minor's Name Change Case


Step 1 - Fill out the required forms

  • Department of Corrections Certification Regarding Sex Offender Registry and Child Abuse Offender Registry (required if the minor is 10 or older)
  • Cover Sheet for Civil Actions
  • Petition for Minor's Name Change
  • Request for Hearing
  • Order Changing Minor's Name

You may need additional forms.

If the minor is 10 or older, start with the Department of Corrections Certification Regarding Sex Offender Registry and Child Abuse Offender Registry. If the minor is on:

  • the Child Abuse Offender Registry, you cannot change the minor's name.
  • the Sex and Kidnap Offender Registry, you can change the minor's name if you can convince the court it is not against the public interest to change their name.

Fill out the form and mail it with a self-addressed stamped envelope to the Offender Registration Program at the address listed on the form. If you do not include a self-addressed stamped envelope, the Offender Registration Program will not return the form to you. It may take some time for the Offender Registration Program to complete the form and return it to you.

Fill out the other required forms once you receive the completed Department of Corrections Certification Regarding Sex Offender Registry and Child Abuse Offender Registry.

Step 2 - File the papers with the court

  • Take the documents to the district court in the county where the minor has lived for the past year.
  • Pay the filing fee.
  • The court will schedule a hearing. If the minor is on the Sex and Kidnap Offender registry, send a Notice of Hearing on Petition for Minor's Name Change to the Offender Registration Program at least 30 days before the hearing. Mail or email the notice of hearing to:

    Offender Registration Program
    14717 South Minuteman Drive
    Draper, UT 84020
    registry@utah.gov

Step 3 - Get the other parent's consent or have them served

If the other parent agrees with the name change, they should fill out the Consent to Minor's Name Change. File this at the same time as the other papers listed in Step 1.

If the other parent does not agree with the name change, you will need to serve them these documents according to Utah Rule of Civil Procedure 4:

  • Petition for Minor's Name Change
  • Summons
  • Notice of Hearing on Petition for Minor's Name Change

Once you have served the other parent, you will need to file proof of service with the court.

If you can't find the other parent you can ask the court for permission to use alternative service. For information about the process and forms, see our Alternative Service page.

If it is impossible to serve the other parent, you can ask the court to waive the service requirement. This process is extremely rare. Examples of when it might be impossible to serve the other parent are if a father has never acknowledged paternity, or if the other parent's parental rights were terminated.

To ask the court to waive service on the other parent, complete the following documents and file them with the court:

  • Motion to Waive Service
  • Petitioner's Affidavit in Support of Motion to Waive Service
  • Order to Waive Service

Step 4 - Attend the hearing

The court will schedule a hearing after you file your papers. You must attend. At the hearing, the judge may ask you questions about your name change request.

The judge will review the request. If everything is in order, the judge will sign an order changing the minor's name.

Step 5 - Change the minor's birth certificate

To change the minor's birth certificate, go to the Utah Office of Vital Records, pay the fee, and present a certified copy of the court's name change order, as well as a valid picture identification. The Vital Records office is located at:

Utah Office of Vital Records and Statistics
288 North 1460 West
Salt Lake City, UT 84114
801-538-6105

You can also request an amended birth certificate by mail. The address for requesting an amended birth certificate by mail is:

Utah Office of Vital Records and Statistics
P.O. Box 141012
Salt Lake City, UT 84114-1012

Forms (for name change of a minor)

You can type your answers into the form, or you can print a blank form and handwrite your answers. It is always best to type information into the forms, rather than filling them in by hand. If a clerk or judge cannot read your handwriting, the documents will be returned to you to do them over. Forms required for changing a minor's name are:

Required Forms

  • Cover Sheet for Probate Actions - PDF | Word
  • Petition for Minor's Name Change - PDF | Word
  • Request for Hearing - PDF | Word
  • Order Changing Minor's Name - PDF | Word

Required Forms for the Other Parent's Consent, or to Serve the Other Parent

(Choose from one of these categories)

If the other parent agrees with name change
  • Consent to Minor's Name Change - PDF | Word
If other parent does not agree with name change
If you can't find the other parent
If it is impossible to serve the other parent
  • Motion to Waive Service - PDF | Word
  • Petitioner's Affidavit in Support of Motion to Waive Service - PDF | Word
  • Order to Waive Service - PDF | Word
Optional Forms

If minor is 10 or older and if required by the court
  • Department of Corrections Certification Regarding Sex Offender Registry and Child Abuse Offender Registry (if required by the court) - PDF
If you want to ask the court to appoint an attorney for the minor
  • Application for Appointment of Guardian ad Litem - PDF | Word
  • Order Appointing Guardian ad Litem - PDF | Word
If the other parent has not consented to the name change, or if there are other interested parties who need to be notified of the hearing
  • Notice of Hearing on Petition for Minor's Name Change - PDF | Word

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 5/15/2019
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