How to Change The Name of a Minor Child in California

Changing a name can be a complicated procedure. The process is very different for adults and children, even though they use the same forms most of the time. Once a name is changed, you need to notify a few different government agencies. See the information below for changing a child’s name.

What valid reasons for child name change in California?

There are many reasons for changing a child’s name. Those reasons may include:

Match a family name, marriage, or a single parent’s name.
Name change after divorce
Name was hastily given at birth e.g. Pillow, Blanket, Amerika
Identification are uniform i.e. identification card, school ID, passport
Americanize a name
Religious, spiritual reasons

How Do I Change My Child’s Name?

The parent or guardian must petition to change the name of their child. A minor cannot do it for themselves. You will need to fill out the following forms:

NC-100 Petition for Change of Name
NC-110 Attachment to NC-100. Use a separate form for each child.
NC-120 Order to Show Cause for Change of Name
NC-130 Decree Changing Name. Use a separate form for each child.
CM-010 Civil Case Cover Sheet
NC-121 Proof of Service

You will also need to fill out the following forms if you cannot afford to pay the court fees.

FW-001 Request to Waive Court Fees
FW-003 Order on Court Fee Waiver

You can download the forms from the State Self-Help Center the downtown San Jose Self-Help Center. Bookstores and stationery stores often have copies of the forms too. You may not need the help of an attorney as the forms are very straightforward. You can find the following resources:

Name Change Packets – A package with instructions and sample forms. Visit the Downtown Superior Court’s Probate Division
The court’s Self-Help Center
Sedano, Loeb, and Brown’s book How to Change Your Name in California.

If you do want the help of an attorney, then you can find one on the Local Bar Association website or the Free & Low-Cost Legal Aid page.

How Do I Change a Child’s Name If I Am The Guardian?

You will follow the same process described in the section How do I change my child’s name above.

You must also complete and attach form NC-130G for every minor you are changing the name of. Also, fill out:

NC-110G Declaration of Guardian
NC-130G Decree Changing Name of Minor (by Guardian)

What Do I Do With the Completed Forms?

Fill out the forms and submit them to the Superior Court. Click for DTS location, directions, business hours. You will need to make 2 copies of the forms and bring them and the originals. Sign the original in blue ink.

Make sure you bring the following forms with you:

NC-100 , original + two copies
NC-120 , original + two copies
NC-130 , original + two copies
CM-010 , original + two copies
If the minor is 12 or older, then they must also give written consent to the name change.
NC-121 Proof of Service*

Bring the letters of guardianship if you are the guardian.

The clerk will check over the forms to ensure they are filled out completely. You will need to pay a filing fee unless you have a waiver for the jobs. See the local fee schedule here.

You will receive a hearing date, case number, and endorsed copies of the forms. Your hearing will be set for 7-8 weeks away. The papers must be served by someone over 18, not you.

Serve the Papers on the Absent Parent

Unless both parents are filing the petition to change the minor’s name, the parent must serve notice to the absent parent at least 30 days prior to the hearing. If the absent parent lives in California, they must be served personally. If they live outside California, they must be served by mail with the return receipt.

Who Can Serve the Court Papers?

It can be anyone over the age of 18 who is not involved in the case. You can use a process server or you can use someone you know. If you use a process server, they will charge a fee. No matter who you use, the server must fill out a proof of service and send a copy to you. You must file this with the clerk.

What Do I Do After I File My Forms?

Your NC-120 form must be taken to a Santa Clara County newspaper for publication. The newspaper must publish for four weeks in a row prior to the hearing. We recommend you do this as quickly as possible. The newspaper will file proof of publication to the court and send you a copy too.

Where To Go On the Day and Time of The Hearing

Once everything else is done, you can pick up the Decree Changing Name Form (NC-130 ). If there is an objection, then there will be a hearing that you must attend with the minor in question.

When you file the NC-130 form, you can purchase certified copies. You will need to purchase multiple certified copies as they will need to use this until they receive the new Social Security and ID. You may need certified copies to change the names on ID and passports too.

How Do I Let People Know About My Child’s Name?

Notify the school, businesses, and any people you deal with about your child’s new name. You can show them a certified copy of NC-130 if they need proof. Ask your child to use their new name and organize their ID.

How to Change The Name On Your Child’s Driver’s License or California ID Card

Go to the DMV and change the name on your child’s license or ID card. Find the nearest DMV on this website. If they already had a license, then fill out Form DL-44 . If they do not have one already, then take their birth certificate and certified copy of NC-130 when applying for one. If your child has a green card or naturalization papers, then take those too.

How to Change the Name on Your Child’s Social Security Card?

Contact the local Social Security office. Use the online website to find the closest social security office .

Fill out form SS-5 to apply for a social security number card. If they did not already have one, then submit the form along with their birth certificate, a certified copy of NC-130, and a form of ID>

If they had one already, then use the same form and ask for a new card.

The clerks must accept the new name provided you give them the documents necessary for the change. Read Title 20 of the Code of Federal Regulations Sections 422.107(c) and 422.110 for more information.

How to Change The Name on Your Child’s Birth Certificate

If your child was born in California, then visit the Downtown Superior Court and ask for Form VS-23. You can ask for one at OVRform@dhs.ca.gov or from the State Office of Vital Records . Alternatively, contact the County Clerk-Recorder on ClerkRecorder@REC.SCCGOV.ORG Give them your name, mailing address, and say you want Form VS-23.

When filling out Form VS-23, fill it out in black ink and do not make any mistakes. There must be no erasures or cross-outs on the form. Mail it along with a certified copy of NC-130 to the Office of Vital Records. Address:

State of California Office of Vital Records P.O. Box 730241 304 “S” Street Sacramento, CA 94244-0241

There is a California Dept. of Public Health document giving more information on court-ordered name changes if you need more information.

If the birth certificate is for someone born outside California, then notify the equivalent office in the state or country where the child was born. Ask them for information on amending the birth certificate.

How to Change The Name on Your Child’s School Records

Go to the main office and fill out the papers with the school secretary. You can also petition the school to ask for a reissue of their diploma f they already graduated.

How to Change the Name For Insurance

Contact the insurance companies and ask what the process is.

How to Change the Name On Your Child’s Passport

If your child has a U.S passport, then you can either amend the passport or get a new one. If you amend it, then both the new name and old name will be on the passport.

If you get a new passport, you must pay a fee for a new passport. If the child got a passport less than 12 years ago, then the fee may be smaller.

If the passport is older than 12 years, then you need to apply in person with:

Proof of citizenship
A certified copy of the NC-130 form
ID with the new name

You can get an application form at the County Clerk-Recorder’s Office or the post office.

How to Change The Name On Your Child’s Bank Account

Go to the bank with a form of ID with your child’s new name and an NC-130 form. Your child will need to go too to sign the forms. If your child may still receive checks under their old name, then ask the bank to list the account under both names.

How to Change The Name On Your Child’s Welfare

Go to the local welfare office with a copy of the NC-130, and they will change it there. Remind them of the name change in your monthly reporting statements too.

How to Change Your Child’s Name On Their Tax Records?

Send a letter to Taxpayer Services, Franchise Tax Board P.O. Box 942840 Sacramento, CA 94240-0000. Give them the social security number, old name and new name.

Tell your child to use their new social security number and ensure all W-2 forms are in their new name.

Credit Cards and Other Legal Documents

Notify the credit card companies and follow their instructions to change the name. Also, change important documents like living wills, contracts, and powers of attorney to the new name.

Change Name Laws California

Code of Civil Procedure 1275

Applications for change of names must be determined by the Superior Courts. CCP 1275

Code of Civil Procedure 1276

All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides, except as specified in subdivision (e), either (1) by petition signed by the person or, if the person is under 18 years of age, either by one of the person’s parents, or by any guardian of the person, or if both parents are dead and there is no guardian of the person, then by some near relative or friend of the person or (2) as provided in Section 7638 of the Family Code. The petition or pleading shall specify the place of birth and residence of the person, his or her present name, the name proposed, and the reason for the change of name.
In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition shall, if neither parent of the person has signed the petition, name, as far as known to the person proposing the name change, the parents of the person and their place of residence, if living, or if neither parent is living, near relatives of the person, and their place of residence.
In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is under 18 years of age and the petition is signed by only one parent, the petition shall specify the address, if known, of the other parent if living. If the petition is signed by a guardian, the petition shall specify the name and address, if known, of the parent or parents, if living, or the grandparents, if the addresses of both parents are unknown or if both parents are deceased, of the person whose name is proposed to be changed.
In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older, has been relinquished to an adoption agency by his or her parent or parents, and has not been legally adopted, the petition shall be signed by the person and the adoption agency to which the person was relinquished. The near relatives of the person and their place of residence shall not be included in the petition unless they are known to the person whose name is proposed to be changed.
All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court shall be made in the appointing court.
If the petition is signed by a guardian, the petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of his or her parents.

CCP 1276

Code of Civil Procedure 1277

If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), and (e), the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to appear before the court at a time and place specified, which shall be not less than six nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing. A copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation to be designated in the order published in the county. If no newspaper of general circulation is published in the county, a copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is located, for a like period. Proof shall be made to the satisfaction of the court of this publication or posting, at the time of the hearing of the application. Four weekly publications shall be sufficient publication of the order to show cause. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient. If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days prior to the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent.
1. If the petition for a change of name alleges a reason or circumstance described in paragraph (2), and the petitioner is a participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and will be on file with the Secretary of State pursuant to the provisions of the address confidentiality program.
2. The procedure described in paragraph (1) applies to petitions alleging any of the following reasons or circumstances:
  1. To avoid domestic violence, as defined in Section 6211 of the Family Code.
  2. To avoid stalking, as defined in Section 646.9 of the Penal Code.
  3. The petitioner is, or is filing on behalf of, a victim of sexual assault, as defined in Section 1036.2 of the Evidence Code.
3. For any petition under this subdivision, the current legal name of the petitioner shall be kept confidential by the court and shall not be published or posted in the court’s calendars, indexes, or register of actions, as required by Article 7 (commencing with Section 69840) of Chapter 5 of Title 8 of the Government Code, or by any means or in any public forum, including a hardcopy or an electronic copy, or any other type of public media or display.
4. 1. A petitioner may request that the court file the petition and any other papers associated with the proceeding under seal. The court may consider the request at the same time as the petition for name change, and may grant the request in any case in which the court finds that all of the following factors apply:
    
    There exists an overriding interest that overcomes the right of public access to the record.
    1. The overriding interest supports sealing the record.
    2. A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.
    3. The proposed order to seal the records is narrowly tailored.
    4. No less restrictive means exist to achieve the overriding interest.
  2. On or before January 1, 2010, the Judicial Council shall develop rules of court and forms consistent with the requirements of this paragraph.
A proceeding for a change of name for a witness participating in the state Witness Protection Program established by Title 7.5 (commencing with Section 14020) of Part 4 of the Penal Code who has been approved for the change of name by the program is exempt from the requirement for publication of the order to show cause under subdivision (a).
If application for change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), whether as part of a petition or cross-complaint or as a separate order to show cause in a pending action thereunder, service of the application shall be made upon all other parties to the action in a like manner as prescribed for the service of a summons, as is set forth in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Upon the setting of a hearing on the issue, notice of the hearing shall be given to all parties in the action in a like manner and within the time limits prescribed generally for the type of hearing (whether trial or order to show cause) at which the issue of the change of name is to be decided.
If a guardian files a petition to change the name of his or her minor ward pursuant to Section 1276:
1. The guardian shall provide notice of the hearing to any living parent of the minor by personal service at least 30 days prior to the hearing.
2. If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days prior to the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child’s grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40.
This section shall remain in effect only until July 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2014, deletes or extends that date.

CCP 1277

Code of Civil Procedure 1278

Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if objections are filed by any person who can, in those objections, show to the court good reason against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as to the court may seem right and proper. If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted.
If the provisions of subdivision (b) of Section 1277 apply, the court shall not disclose the proposed name unless the court finds by clear and convincing evidence that the allegations of domestic violence or stalking are false.
If the application for a change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), the hearing on the issue of the change of name shall be conducted pursuant to statutes and rules of court governing those proceedings, whether the hearing is conducted upon an order to show cause or upon trial.
If the petition for a change of name is filed by a guardian on behalf of a minor ward, the court shall first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of his or her parents. Upon making those findings, the court shall consider the petition and may grant the petition only if it finds that the proposed name change is in the best interest of the child.
This section shall remain in effect only until July 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2014, deletes or extends that date.

CCP 1278

Code of Civil Procedure 1278.5

In any proceeding pursuant to this title in which a petition has been filed to change the name of a minor, and both parents, if living, do not join in consent, the court may deny the petition in whole or in part if it finds that any portion of the proposed name change is not in the best interest of the child.

CCP 1278.5

Code of Civil Procedure 1279.5

Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name.
Notwithstanding any other law, no person imprisoned in the state prison and under the jurisdiction of the Director of Corrections shall be allowed to file a petition for change of name pursuant to Section 1276, except as permitted at the discretion of the Director of Corrections.
A court shall deny a petition for a name change pursuant to Section 1276 made by a person who is under the jurisdiction of the Department of Corrections, unless that person’s parole agent or probation officer grants prior written approval. Before granting that approval, the parole agent or probation officer shall determine that the name change will not pose a security risk to the community.
Notwithstanding any other law, a court shall deny a petition for a name change pursuant to Section 1276 made by a person who is required to register as a sex offender under Section 290 of the Penal Code, unless the court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety. If a petition for a name change is granted for an individual required to register as a sex offender, the individual shall, within five working days, notify the chief of police of the city in which he or she is domiciled, or the sheriff of the county if he or she is domiciled in an unincorporated area, and additionally with the chief of police of a campus of a University of California or California State University if he or she is domiciled upon the campus or in any of its facilities.
For the purpose of this section, the court shall use the California Law Enforcement Telecommunications System (CLETS) and Criminal Justice Information System (CJIS) to determine whether or not an applicant for a name change is under the jurisdiction of the Department of Corrections or is required to register as a sex offender pursuant to Section 290 of the Penal Code. Each person applying for a name change shall declare under penalty of perjury that he or she is not under the jurisdiction of the Department of Corrections or is required to register as a sex offender pursuant to Section 290 of the Penal Code. If a court is not equipped with CLETS or CJIS, the clerk of the court shall contact an appropriate local law enforcement agency, which shall determine whether or not the petitioner is under the jurisdiction of the Department of Corrections or is required to register as a sex offender pursuant to Section 290 of the Penal Code.

CCP 1279.5

Code of Civil Procedure 1279.6

No person engaged in a trade or business of any kind or in the provision of a service of any kind shall do any of the following:

Refuse to do business with a person, or refuse to provide the service to a person, regardless of the person’s marital status, because he or she has chosen to use or regularly uses his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership.
Impose, as a condition of doing business with a person, or as a condition of providing the service to a person, a requirement that the person, regardless of his or her marital status, use a name other than his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership, if the person has chosen to use or regularly uses that name.

CCP 1279.6

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