The Legal Procedure for a Name Change
In most cases, the name change process involves filing your request for a name change in the district court of the parish in which you reside. You must be over the age of 18 or a parent or tutor to file a petition on behalf of your child.
Once the petition has been filed and signed, you will be required to publish a notice of your petition in the local newspaper. The local newspaper should be one that is published in the parish in which you filed the petition. If the first action of your case [the petition to change your name] is not published in the local newspaper, the entire name change request can be dismissed by the court.
A hearing will be held by the court to review your request . If you are changing your name as a result of marriage, you can appear at the hearing pro se, which means without an attorney. For most other reasons, you will need an attorney. An attorney should be retained as they are familiar with the process of name change petitions and can help you gather the necessary documents that will be required by the court. An attorney is not required, however, unless you are under the age of 18 and wish for your parent or tutor to file the petition on your behalf.
Once the hearing is held, the court will act on your petition for a name change. The judge’s decision on your petition will be confirmed in the written judgment, which will be mailed to you and your attorney, or to you directly if you have represented yourself.
Requirements for a Name Change
To be eligible to apply for a name change in Louisiana, all individuals must first be of legal age. In this case, the legal age refers to being 18 years old or older. However, Louisiana law also permits persons under the age of 18 to pursue a legal name change, provided that written consent is given by both parents, unless the child has been emancipated, one parent cannot be located, or one parent has been divorced from the other parent. While the process for seeking a name change as a minor child differs from an adult seeking a name change, the eligibility criteria remain the same. Only in the circumstances described above will a minor child be able to have their name changed. A child who does not meet these criteria or whose parents are not available to grant consent must wait to have their name legally changed until they reach the age of majority.
Petition for Name Change
The process of filing a Petition for Name Change in Louisiana is designed to provide formal recognition of the change and offer protection against misuse. To initiate the legal process, you first need to fill out a Petition for Name Change, which can be found on the Louisiana Secretary of State’s website or obtained from your local court’s website. This document requires detailed information, including your current name, the name you wish to adopt, and the reason for the change.
Along with the Petition, you will also need to submit the Notice of Name Change (Form P) to the newspaper in which you plan to publish your name change. This notice is frequently required to be published for three successive weeks, allowing the public an opportunity to voice any objections.
After that, you will need to file your Petition and accompanying documents with the appropriate court. The court will then issue a date for a hearing, and you will receive a notice of hearing which will list the time, date, and location. You will also be required to pay a filing fee, typically in the range of $300-$500, although fees may vary from one jurisdiction to another.
On the day of the hearing, make sure to arrive early and bring some form of identification. During the hearing, you will be required to explain the reasoning behind your name change request. If your request is granted, the last steps will be to provide the court with a proposed order for the name change and to either wait for or later pick up a signed order from the court.
After the Order for Name Change is signed by the Court, you must prepare and file a Notice of Entry of Judgment and obtain certified copies of the Order to be used to update your identification, bank accounts, and other records.
Court Hearing & Approval
After filing your Petition, locating and notifying your family members, publicizing the name change, and receiving back from the Clerk of Court a "Certificate of Publication", the name change process is almost complete. However, you will still have at least one court hearing to attend. At that hearing, you will give the Judge evidence that you are who you say you are, that you have not been convicted of certain crimes, that you have been a resident of Louisiana for at least one year, and that you are entitled to change your name. If the Judge is satisfied with the evidence, he or she will grant your petition to change your name. If there were no objections filed after the Notice of Publication was posted in the newspaper, then the Judge will likely sign the Order the same day as the hearing. If there were objections filed, the Judge may need to set another date for a hearing so that you can show that you are entitled to change your name. The Judge has a lot of discretion in whether a person is entitled to a name change. The court is not likely to grant the petition if you have an established reputation under your current name and the name change will cause confusion in the community at large.
Modifying Legal Documents
Once you’ve successfully completed a name change in Louisiana, it’s important to make the necessary updates to all of your legal documents. This includes your driver’s license or identification card, social security card, and other government documents. When applying for a new name and age certificate, be sure to complete Form VS-35 Request for Comparison of Birth Records. Some birth records, such as those for adopted children, may be more difficult to change and require additional steps.
If you are a United States citizen, you may also want to update citizenship related records, such as your passport and military identification or documentation. You will need to provide a certified copy of your name change order. For US citizens, the passport name change process can be found here. For dependents of US citizens, the passport name change process can be found here. For US permanent residents, the document name change process can be found here.
A Louisiana name change may also affect your health insurance coverage or eligibility. If you have employer sponsored group health insurance , then be sure to contact the human resources department at your work and provide them with updated information. If you have individual health insurance, then you can contact your health insurance provider company to request a name change and/or to verify the coverage of your current health plan. Note that some insurance companies and health plans may require additional documentation. If you have questions concerning health insurance, you should seek out the assistance of an attorney to help you understand your specific situation.
If you’re not a US citizen, then be sure to ask your home country’s embassy or representation in the United States for additional information and guidance. Many US embassies and consulates also have web pages dedicated to addressing the name change process.
Updating permanent resident cards and citizenship certificate cards may require a visit to your home country’s embassy. In the alternative, some permanent resident cards allow for issuance of a new permanent resident card at an authorized walk-in facility for an issuance fee.
Top Reasons for Name Changes
There are a number of common reasons why Louisiana residents may wish to legally change their names. These include: Marriage: When individuals marry, a common tradition in the state of Louisiana is for the wife to take the last name of her husband. The reverse is also true, although somewhat less common. In either case, when individuals marry, both parties must choose their new names, which can differ from their given names. Divorce: In the state of Louisiana, when a divorce is finalized, both parties have the option to revert to their birth names or retain their married names. While most women in the state of Louisiana choose to use their married names after a divorce, some men and women choose to go back to their birth names. In several circumstances, a married name may be used as an alias rather than a birth name, thereby necessitating a legal name change upon divorce. Adoption: In the state of Louisiana, when an individual adopts a child, the child’s name is often changed to reflect the name of the adoptive parent. Conversely, when an individual is adopted, his or her old names are often replaced with the name of the adopting parent. In some cases, the adopted child’s name does not change, but the adopting parent changes his or her name to reflect the new familial relationship. Immigration: In certain circumstances, an individual may be required to legally change his or her name when he or she immigrates to Louisiana.
Possibility of Name Changes
While a legal name change may seem straightforward, several pitfalls can arise that complicate the process. One of the first challenges you may face is proving that you are legally taking on the name you have chosen. Even if you have made extensive use of the new name or have a legal document listing it as your official name, the courts may not consider this sufficient proof. If you are struggling with this requirement, consider reviewing an affidavit sample.
Another significant challenge occurs if the name you want to legally adopt is similar to "a highly publicized name." For instance, if you attempt to take on the name of a celebrity or other well-known figure, the courts may deny your request for reasons related to trademark infringement, identity theft or false advertising. Not all requests to take on these names will be denied, however. You may be permitted to take on the name of a celebrity, actor or comic, as long as you don’t do so with the intent of capturing publicity that’s already associated with this name.
Trademarks often prove to be a significant legal obstacle to name changes. If another person has legally adopted the name you hope to use, that person holds the rights to its use in their industry. Courts have often placed greater weight on trademark laws than on the desire of an individual to use a particular name.
You should also verify that you are eligible to change your name. For instance , if you are currently wanted for a crime, are involved in a divorce or have recently been declared mentally incompetent, you may have difficulty getting your name change petition approved. If your new name hurts those who could be affected by it, such as your spouse or children, a court may also deny your petition.
Even after the courts approve your name change, you still need to face potential challenges in making a change to your legal name. One of the most common challenges you will face is simply making the change in other areas. For instance, if you have a job that requires you to travel, you will need to obtain new travel documents that list your new name. You may also need to update legal documents such as birth certificates and health information that list your old name.
Some courts may also require you to publish a notice locally that you have changed your name. While you may be able to avoid doing so if there are valid reasons for your name change or if your local paper does not publish obituaries, other requirements are more likely to be enforced.
The good news is that even when you encounter some of these challenges, you don’t have to go through the process on your own. For complicated cases, hiring someone to walk you through some of the challenges may be beneficial.