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Title 15 - Civil Remedies and Procedures
CHANGE OF NAME
Application for change of name.
(A) A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.
(B) A parent who desires to change the name of his minor child may petition, in writing, a family court judge in the appropriate circuit. The other parent, if there is not one then the child, must be named as a party in the action unless waived by the court. The court shall appoint a guardian ad litem to represent the child. The court shall grant the petition if it finds that it is in the best interest of the child.
Court shall exercise discretion.
Upon such petition and the reason therein contained, the judge shall determine and grant or refuse the prayer thereof, as to him shall appear proper, having a due regard to the true interest of the petitioner.
The filing fee provided in Section 8-21-310(11)(a) applies with respect to an action for change of name.
Use of new name in legal proceedings; effect on pending proceedings.
The person so changing his name may thereafter sue and be sued, plead and be impleaded by his new name and no other. When an action shall be pending at the time of such change of name it shall not abate by the party's name being changed, but the record on motion shall be amended by expunging the old name and inserting the new name of the party.
Effect of change on old obligations.
When a person changing his name is bound by obligation or otherwise, the effect of which obligation would extend to and impose any obligation on the heirs, executors or administrators of the person so having changed his name, such heirs, executors or administrators shall be and remain bound, to all intents and purposes, in the same manner and to the same extent as if the person had not changed his name.