TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 8

CHANGE OF NAMES

7-802.  Petition for change. (1) All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person, if the person is an adult or an emancipated minor; and if such person is under the age of eighteen (18) years and is not an emancipated minor, by one (1) of the parents or by a guardian. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and reason for such change of name.

(2)  If the person whose name is proposed to be changed is under eighteen (18) years of age and is not an emancipated minor, the petition must also include the following:

(a)  If the petition is signed by only one (1) parent, the petition must specify the name and the address, if known, of the other parent, if living.

(b)  If the petition is signed by a guardian of the person, the petition must specify:

(i)   The name and address, if known, of the parent or parents of the person, if living; or

(ii)  If both parents are deceased or their addresses are unknown, the names and addresses of the grandparents of the person, if living.

(3)  For purposes of this section, "emancipated minor" means any minor who has been married or is in active military service.

History:

[(7-802) C.C.P. 1881, sec. 872; R.S., R.C., & C.L., sec. 5246; C.S., sec. 7425; I.C.A., sec. 13-802; am. 1975, ch. 63, sec. 1, p. 129; am. 1984, ch. 67, sec. 1, p. 118; am. 2017, ch. 191, sec. 1, p. 439.]