Verified Petition for Name Change for a Minor, consent from the other parent or guardian not required
Step 1: Who should use this packet
You should use this form packet if:
- You would like to change the name of your minor child;
- The minor child is not in jail or prison;
- You are the parent or guardian of the minor child; and
- You are at least seventeen (17) years of age.
For the purposes of this packet, a "minor child" is less than seventeen (17) years of age.
Step 2: Important Information about Consent
Consent (or agreement) to the Name Change of a Minor may or may not be required. Consent is not required when, for example, the other parent has abandoned or deserted the minor, failed to communicate significantly with the minor, or if the parent has committed a crime against the child. See Indiana Code 31-19-9 for more information.
If none of the factors in Indiana Code 31-19-9 apply, then consent is required. See Indiana Code 34-28-2-2.
This form packet should be used when consent is NOT required by the other parent or guardian.
Step 3: Choose a Form Packet
Forms are available in two formats: (1) electronic fillable, and (2) printable. If you prefer to type your answers on the computer in an easy-to-use questionnaire and then print completed forms, choose the electronic fillable packet. When you answer the questions, the forms will be filled in automatically. If you prefer to complete the forms by hand following printed instructions, choose the printable packet.
Once the packet is completed, you must print the forms, sign the forms, make copies, and take them to the Clerk of the Court. Review your local court rules to find out how many copies you will need, and any additional forms or procedures required in your county.
Step 4: File your Completed Forms
- Take the originals and copies of your forms to the Clerk of the Court.
- The Clerk will provide the case number and process the forms. The Clerk will stamp the forms with a filing date and give you back a copy.
- The court will set a hearing date when you file your Petition. Make sure this date is filled in on the Notice of Petition for Change of Name.
- You will need to take the Notice of Petition for Change of Name for a Minor to the person who handles legal notices in your local newspaper. This Notice must appear once a week for three weeks. The last publication date must be at least thirty days before your hearing date.
- The newspaper will send a proof of publication notice to you, which you will attach to the Notice of Filing Proof of Publication and then file these forms with the Court.
- If you have had a felony conviction in the last ten (10) years, you must provide notice of the filing of your petition for name change both to the sheriff and the prosecuting attorney of the county where you live and to the Indiana central repository for criminal history information at least 30 days before the hearing on your petition. (Please see the NOTICE included in the Petition for more information.)
Once the name of the minor has been changed, the court will send a copy of the final decree to the state department of health and local county health department. If the minor is at least 17 years of age, the court will send a copy of the final decree to the clerk of the circuit court or board of registration in the county where the minor resides. It is your responsibility to inform other government agencies, schools, and other interested agencies and businesses of the minor's new name.