Over the last several years, Maryland has streamlined the process for a person to legally change their name. Previously, a name change petition required publishing a notice in a newspaper or at the courthouse to allow anyone to object. Now that this requirement has been removed, the process is faster and less expensive and requires only one or two trips to the courthouse.
The first step when seeking a name change is to prepare a “Petition for Change of Name of an Adult” (Form CC-DR-060). This form can be found on the Maryland Courts website (mdcourts.gov). Name changes are allowed unless they are for any illegal or fraudulent reason.
In addition to the petition, the applicant must provide documentation of their current name. This could be accomplished by providing a copy of a birth certificate, driver’s license or other government-issued ID or passport. The petition and attachments must then be filed online or in person in the Circuit Court of the county where the filing person lives, conducts regular business, is employed or was born.
There is a fee (currently $165) to file the petition. The fee can be waived if the person filing meets the established income requirements. If the person is a client of a pro bono legal services organization like Maryland Volunteer Lawyers Service (MVLS), that organization can request that this fee be waived.
Once a petition is filed, the court is required to wait 30 days to see if anyone opposes the request for a name change. The court may also schedule a hearing to find out more information about the reasons for the name change. If everything is in order, the court will issue a signed order legally changing the name. It is important to ask for at least three to five certified copies of the order, one for each of the agencies or businesses where proof of the name change will need to be provided.
It is also possible to change the name of a child. The process is similar to that for adults, but may take longer because it requires the consent of each parent, guardian or custodian. If the child is at least 10 years old, the child must also provide written consent to the name change. For more information on the name change process for children, see https://www.mdcourts.gov/legalhelp/family/namechange.
Marriage
A court order is not required to change a name because of marriage. A person can use any name they want after marriage, provided the name is used consistently. It is important to provide a certified copy of the marriage certificate to each of the agencies or businesses that need to be notified of the name change.
Divorce
If a new name was acquired due to marriage, upon filing for divorce a person can return to their birth name or some other previous name by simply requesting a name change within the Complaint for Divorce. If the name change is not done at the time the decree is issued, a separate request can be made within 18 months after the divorce decree is issued.
Gender Identity
When filing a “Petition for Judicial Declaration of Gender Identity of an Adult” (Form CC-DR-120), a name change can be requested at the same time. To do so, check the “With Name Change” box at the beginning of the form and answer the questions regarding the name change. The name change rules in this context are the same as those given above.
Adoption
When adopting a child, the adoptive parent may change the adopted person’s name by adding the desired name to the adoption petition.
Minor Child Under One Year Old
If a minor child is born in Maryland, their name can be changed on their birth certificate within the first year after the birth without a court order. This can be done by filing a written request with the Maryland Department of Health. For more information and to download the affidavit, visit the Maryland Department of Health website at https://health.maryland.gov/vsa/Pages/changename.aspx.
I have my court order. Now what?
Use the certified copy of the court order to change the name on documents such as your Social Security card, driver’s license, passport and birth certificate. Also inform banks, health care providers and employers of the name change.
Get Legal Help
Maryland Volunteer Lawyers Service provides pro bono legal services for eligible individuals in name change cases. To learn more or find out how MVLS can help, visit mvlslaw.org.
Nancy Grimm, Esq., is a family law attorney for Maryland Volunteer Lawyers Service.