Changing your name is a significant life event, whether you’re adopting a new moniker for personal reasons, after marriage or divorce, or for any other purpose. Navigating the legal process can seem daunting, but understanding the steps and knowing where to find assistance is crucial. This guide explains the process of legally changing your name, particularly in Maryland, and clarifies when and where you might need to seek help from legal professionals, sometimes referred to as attorneys, counsel, or legal advisors.
Can I Legally Change My Name?
Generally, yes. The law permits you to change your name as long as your intention isn’t illegal or fraudulent, and it doesn’t infringe upon the rights of others. In many situations, simply using a new name informally is acceptable for social purposes. However, for official recognition by government agencies and institutions, a formal legal name change is usually necessary. This can be done through marriage, divorce, or by petitioning the court.
Important Note: Laws and agency policies can change. Always verify information with the relevant government agencies or consult with a legal expert to ensure you have the most current guidance. Resources like the Maryland Court Help Center offer avenues to speak with a lawyer for free.
Changing a Child’s Name: What’s Involved?
Yes, parents, guardians, or custodians have the right to change a minor’s name. For newborns under 12 months old in Maryland, with the agreement of both parents, the Maryland Department of Health can facilitate a name change. Name changes also frequently occur during adoption proceedings. For other situations, a court order is generally required to legally change a child’s name. Obtaining consent from all parents, guardians, and custodians simplifies this process. It’s important to note that a legal name change for a child does not affect child support obligations, paternity rights, or other legal responsibilities.
Where to File for a Name Change Order?
For adults seeking a name change, you must apply to the circuit court in the county where you reside, conduct regular business, are employed, habitually work, or were born (or Baltimore City). To change a minor’s name, you should apply to the circuit court in the county where the minor lives or where any parent, guardian, or custodian resides. District courts are not the correct venue for name change petitions.
Are There Court Fees Involved?
Yes, there is a filing fee associated with name change petitions, which is currently $165. However, fee waivers are available for individuals who qualify. Information on filing fee waivers can be found on the Maryland Courts website.
Required Documents and Forms for a Name Change
To initiate a name change through the court, you must file a petition. Maryland provides specific forms for this purpose:
- Petition for Change of Name of an Adult (CC-DR-60)
- Petition for Change of Name of a Minor (CC-DR-60)
You will need to attach documentation verifying your current legal name or the minor’s current legal name, such as a birth certificate, driver’s license, or passport. Ensure you sign the petition using your current legal name.
If you are petitioning to change a minor’s name and have obtained consents from relevant parties, these consents should also be attached. Maryland provides forms for consent as well:
- Minor’s Consent/Objection to Change of Name form (CC-DR-119) (for minors 10 years or older)
- Parent’s/Guardian’s/Custodian’s Consent/Objection to Change of Name of a Minor (CC-DR-063)
What Happens If Consent is Not Obtainable?
If you cannot obtain consent from all parents, guardians, and custodians, the court clerk will issue a notice. You are then responsible for serving this notice, along with copies of your case documents, to any non-consenting parent, guardian, or custodian. They have 30 days from the date of service to formally consent or object to the name change in writing.
Understanding Objections to a Name Change
An objection is a formal statement opposing the name change.
For adult name changes, anyone with a legitimate reason can file an objection within 30 days of the petition filing date with the circuit court. The form Objection to Petition for Change of Name of an Adult (CC-DR-115) can be used for this purpose.
For minors, only parents, guardians, and custodians can object. They must use the form Parent’s/Guardian’s/Custodian’s Consent/Objection to Change of Name of a Minor (CC-DR-063) and file it within 30 days of being served notice. Failure to object within this timeframe is considered consent.
If you receive an objection to your name change request, you have 15 days to file a written response with the court.
Post-Order Actions After a Name Change is Granted
Once the court grants a name change order, request certified copies from the clerk’s office if they are not automatically mailed to you. This certified order is essential for updating your name across various platforms, including:
- Driver’s license
- Birth certificate
- Social Security Administration
- Banks and financial institutions
- Creditors
- Other relevant institutions
If your marriage occurred in Maryland, you can also request a new marriage record reflecting your new name by filing a Request for New Marriage Record (CC-FM-072) with the circuit court in the county where the original record was issued.
Protecting Your Privacy: Sealing Case Records
In certain circumstances, you may want to limit public access to your name change case records. You can petition the court to seal or limit inspection of these records by filing a Petition to Seal or Otherwise Limit Inspection of a Case Record (CC-DC-053). This requires demonstrating a compelling and specific reason for your request.
Judicial Declaration of Gender Identity and Name Change
For individuals seeking a judicial declaration of gender identity, Maryland has a separate process. This court order officially affirms an individual’s gender identity. A name change request can be incorporated into this process. More information can be found on the Maryland Courts website regarding judicial declarations of gender identity.
Seeking Legal Assistance for a Name Change
Navigating the legal system can be complex. Fortunately, free legal help is available. Most circuit courts in Maryland have walk-in family court help centers. These centers offer assistance from lawyers, paralegals, or court staff who can:
- Explain the name change court process
- Answer your questions
- Help with court forms
- Assist you in opening, answering, or progressing your name change case
However, it’s important to understand the limitations: Center staff cannot represent you in court, file paperwork on your behalf, or provide assistance if you already have private legal representation (a lawyer or attorney). Services are typically offered on a first-come, first-served basis.
You can also contact the Maryland Courts Help Center by phone for legal information and guidance. Remember, these resources are valuable for understanding the process and getting assistance with forms, but they do not replace full legal representation from a legal professional, attorney, counselor at law, or legal advisor if your situation is complex or contested.
Last updated: April 2023
