Family & Safety

To file a request to change a minor’s (child's) name in Illinois, several requirements must be met. The person filing the petition must be an adult, 18 years or older. The adult must have a certain type of relationship with the child. The adult must be:

• A parent who has parental responsibilities (custody) of the child,
• A legal guardian with legal custody of the child, or
• The child has lived with the adult for three years, and the child is recognized as an adopted child in the family.

Another requirement is residency. The adult must have lived in Illinois for at least three months. This can be three months when filing the petition to start the case, or it can be three months by the time the judge has the hearing or signs the order.

No, a child is not allowed to file a case for a name change on their own.  An adult meeting specific residency and legal relationship requirements must file the petition for the child’s name change. The exception is if the child is legally emancipated.

Certain minor corrections can be made on birth certificates through the Illinois Department of Public Health, such as spelling errors. A case to change the name of a child may not be needed in these instances.

Learn more about correcting a birth certificate.
 

Yes, one parent can ask to change a child’s name even if the other parent does not agree. The other parent must be legally notified of the case.

To start a case to change a child’s name, the forms are filed with the circuit clerk’s office in the county where the parent or legal guardian lives.

If there is an active domestic relations case (such as child support, parental responsibilities, custody, visitation, etc case), then the same family law judge will be assigned the child name change case.

To start a child’s name change case in Illinois, specific documents must be completed and filed, including a Request for Name Change (Minor Children) and Request for Name Change - Child Information (Minor Children). Learn more about what forms are required, as well as optional forms.

Yes, a court hearing is always required to change a child’s name. The judge will ask questions at the hearing, and if they agree the name change is in the child’s best interests, an order will be signed.

The process usually takes between a few weeks and a few months. The exact time it takes depends on factors such as how long it takes to legally notify the other parent about the case and when the final court hearing is scheduled.

A fee will be charged to file the case in the circuit court. The amount varies county to county. The fee amount can be found on the circuit clerk’s website. Also, depending on how the other parent is legally notified of the case, there may be fees associated with that.

An Application for Waiver of Court Fees can be filed to ask the judge to waive these fees.

Once the case for the child name change is filed, certain people must be given legal notice about the case in specific ways. This includes:

• The other biological parent of the child, unless the parent is deceased or has had their parental rights terminated,
• Anyone with physical custody,
• An adoptive parent, or
• Anyone who is not the biological parent of the child but who was married to the mother during the conception or birth of the child.

The exception to this requirement is if the person knows about the case and signs the consent forms in front of a notary.

In order to legally notify (serve) the required people involved in the child name change, specific methods of notification must be followed.

Learn more about notifying the other party in a family law case.

It is best if the other parents or guardians required to be notified are legally notified (served) either by personal service by a sheriff or process server, or by certified mail, return receipt requested. However, there is a process for providing the judge with information about the attempts made. 

The form Statement on Trying to Provide Notice (Minor Children) can be filed. The judge may decide this is enough to proceed with the case, or they may require service by publication. This is where a notice is published in a specific newspaper for a set period before the final hearing. It is important to be truthful regarding attempts to locate an address for a missing parent.  If the missing parent can later prove the filing parent knew where they were all along, they could potentially ask the judge to reopen the case.

Learn more about notifying the other party in a family law case.

Under the Illinois Parentage Act of 2015, a "parent" is someone who has established parentage under the law, which includes:

• The person who gave birth to the child;
• The person listed as a parent on the child's birth certificate;
• The person who was married to the mother of the child at the time of the birth or within 300 days prior to the birth; or
• The person for whom a judge has signed a court order establishing parentage.

If the child’s father is unknown and there is no other legal "parent," then the child name change case can proceed without their involvement. However, should this other parent be identified later, they can request to have the name change reversed.

If the other parent or guardian disagrees with the child changing their name, the judge will listen to both sides and then decide whether to allow the name change. Each person will have the opportunity at the court hearing to explain their reasons to the judge, present any evidence, and have witnesses testify. At the end of the hearing, the judge will make a decision based on what is in the child’s best interests.

When deciding on a child’s name change, the judge looks at what is best for the child. This means the judge cares most about what helps the child, not just what the parents want. The judge may think about things like:

• What the child wants (if they are old enough to say);
• How long the child has used their current name;
• How close the child is to each parent;
• If there is any history of violence or safety problems;
• If the name change will help or hurt how the child feels; and
• Any other facts that help the judge understand the child’s life.

The judge uses these facts to make sure the name change helps the child stay safe, happy, and healthy.

A child’s thoughts can be important, especially if the child is old enough to share them clearly. The judge may think about:

• What the child wants (if they are mature enough to have a clear opinion);
• The reasons why the child wants or does not want the name change; and
• If the child understands the change and how it might affect their life.

What the child wants is just one factor the judge looks at. It does not decide the case on its own, but it helps the judge understand what is best for the child.

Illinois law allows a child who is fourteen years of age or older to consent to various court proceedings, including name changes. However, in some cases, a judge may allow a “mature” younger child to state their preferences as well.

There are times when a child’s name cannot be changed, even if other requirements are met:

• Criminal Record: The name cannot be changed if the child was found guilty of a serious crime (a felony) and has not finished their sentence yet or been pardoned.
• Prison: The name cannot be changed if the child is currently in a state or federal prison.

In addition, there are situations where even filing for a name change is a felony. If the child is required to register under Illinois’ Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act (or the equivalent law in another state) and has not received a pardon, filing for a name change is a felony. The exception to this rule is if the child is asking for a name change because of:

• Marriage,
• Religious beliefs,
• Being a survivor of  human trafficking, or
• Gender-related identity as protected under the Illinois Human Rights Act.

If a child is given a name change in this instance, they are required to give notice to the law enforcement agency where they are registered:

• Sex Offender Registration Act: within three days of the name change order;
• Murderer and Violent Offender Against Youth Registration Act: within five days of the name change order; and
• Arsonist Registration Act: within ten days of the name change order.

Once the judge agrees to the child changing their name and signs the order, different records may need to be updated, as it will not change on its own.  This ensures the child’s new name is used everywhere. Documents to consider updating include:

• Birth certificate,
• Social Security card,
• School or daycare records,
• Passport,
• Documents related to doctors, dentists, and health insurance,
• Documents related to government benefits like SNAP or Medicaid,
• Other records or documents related to institutions like banks.

In most cases, a child’s name change is part of the public record. This means that anyone can look up the case files and the judge’s final decision.

However, a case can be kept private. A form called a Motion to Impound (Make Court Records Private) can be filed with the petition for the name change. The judge can decide to keep the case private if the filer can show that the name change being public would:

• Be a hardship (which includes physical harm, discrimination, harassment, bullying, or threatening violence) and
• Create a negative impact on health and safety.

Individuals who may wish to keep the name change case private include:

• Survivors of interpersonal violence, like domestic violence, gender-based violence, or human trafficking, (note that an alternative address can also be used on the forms);
• Immigrants such as refugees, asylees, or special immigrant status immigrants;
• Adopted individuals;
• Members of the transgender community; or
• Survivors of reparative or conversion therapies.

Documents and other evidence can be included in the motion as proof, but they are not required.

A child’s name change can be undone by filing a case for a new name change.

No. Parentage must still be established, and child support ordered. Similarly, changing the child’s last name to a step-father’s last name does not legally establish the step-father as the child’s parent.  That would require an adoption.
 

Information about changing the name of a child can be found in the Illinois Code of Civil Procedure, 735 ILCS 5/21-101, and the Illinois Court information and forms.

Some counties also have information on their websites, including Cook, Lake, and McHenry.

Typically, you can go through the process of legally changing a child’s name without a lawyer, particularly if the other parent or guardians also agree. However, if they disagree or you have a hard time locating them so you can give notice, you may want to speak to a lawyer.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you.