Family & Safety

To file a case to change the name of a child, an adult (18 years or older) must have a certain type of relationship with the child. The adult must be:

• A parent who has 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.

In addition, the adult must have lived in Illinois for at least three months by the time the judge has the hearing or signs the order.

Illinois has forms that people statewide can use to ask the judge to change a minor child’s name. You can use the name change for a child program to fill out your forms. The Illinois Courts also have forms online.

The following forms are needed to start the case:

• Request for Name Change (Minor Children): Tells the court the child’s old name and new name.
• Request for Name Change – Child Information: Gives the court facts about the child. You need one for each child.
• Order for Name Change (Minor Children): This is the paper the judge signs to finish the case. If the child was born outside of Illinois, you should check on that state’s requirements for changing birth records and include it in this order.

In addition, there are additional forms you may need depending on your situation:

• Request for Name Change – Additional Children: Use this if you want to change the names of more than four children.
• Request for Name Change – Additional Parent: Use this if there is more than one other parent or legal guardian.
• Motion to Impound (Make the Court Records Private): Use this if you want to keep the case and records private, because otherwise, it would be a hardship (physical harm, discrimination) or a negative impact on health or safety.
• Notice of Court Date Request for Name Change: Use this to tell the other parent or legal guardian about the hearing if they did not already sign the Request for Name Change form.
• Statement on Trying to Provide Notice (Minor Children): Use this to show what you did to look for the other parent if you cannot locate them. You must try to find them on the internet and call family and friends.

If you or a member of your household does not want to disclose your address, you can use an alternative address on these forms.

Note: You should check with your specific court for any additional requirements. For instance, Cook County (1st District) requires additional information and steps, including a copy of the child’s birth certificate and redaction of sensitive information.

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Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website. 

If you qualify, you can get a fee waiver. A fee waiver allows you to file for free or at a reduced cost.

When you file your name change forms, you'll need a hearing date.

How you will find out about the court date (or hearing date) and time depends on how you filed your case.

• E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk. 
• Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.

You must tell the other parent or guardians about the name change case unless they have already signed the Request for Name Change in front of a notary. If they have not signed that form, you must use the Notice of Court Date Request for Name Change form to officially tell them about the court hearing. There are different ways to legally notify the other parent or guardian. 

Certified mail: One way to serve the other parent or guardian is to send a copy of the filed forms via US certified mail, return receipt requested. A tracking number is assigned, which can then be used to see if and when the forms were delivered. If you get the green postcard back, e-file it with the clerk. If the letter is returned undelivered, you can try service by the sheriff.

Sheriff’s office: The local sheriff’s office in the county where the other parent or guardian lives can help with serving the forms. You can bring them a copy, in person, of the Notice of Court Date Request for Name Change (with the court date filled in) stapled to the filed forms. You will have to pay the sheriff’s fees or provide the fee waiver order, if it was approved.

Alternatively, you can mail the forms to the sheriff’s office in the county where the recipient lives. You should call that sheriff’s office first to confirm the address to send the documents to and what is required.  Generally, you must send the Notice, the filed forms, and the Letter to the Sheriff form.  You must include money for fees that are required unless you provide a fee waiver order. Finally, you must also include a self-addressed, stamped envelope so the sheriff can mail back the Affidavit of Service. 

If the sheriff is able to give the documents to the other parent or guardian, an Affidavit of Service will be completed. The sheriff may file this Affidavit with the circuit clerk. If they do, get a copy from the clerk. Alternatively, the sheriff might mail the Affidavit directly to you. In that case, you will need to file the original with the circuit clerk. Have the clerk file-stamp a copy for your records.

If the sheriff is not able to successfully give the documents to the other parent or guardian, you should find out the reasons why. If it’s something you can fix, you can have the sheriff try the notification again.

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

Other options to provide notice: If the other parent or guardians will not accept the documents from the sheriff or via certified mail, return receipt requested, or if you cannot locate them at all, the next step is to review and complete the Statement on Trying to Provide Notice (Minor Children). You must try hard to find the recipient, all of which must be documented on this Statement. This form proves to the judge that you made a serious effort to look for the recipient.

Bring the completed Statement to your first court date. The judge may question you under oath about what you did to try to find the other parent or guardian. At that time, the judge can decide you must try “service by publication.” This means you have to publish a notice in an Illinois newspaper in your county once a week for three weeks in a row. The first publication of the notice must be at least six weeks before the court date. There may be a fee to do this. Some newspapers will honor a fee waiver order and not charge you, but they are not required to. In this case, if you cannot afford the publication fee, the next step is to file a motion asking the judge to require your county to pay for the cost.

You can ask the newspaper for the Certificate of Publication once the the notice has appeared three times. The newspaper may file this Certificate with the circuit clerk. If they do, confirm that it arrives before your court hearing and get a copy from the clerk or the newspaper. Alternatively, the newspaper might mail the Certificate to you directly or ask you to pick it up in person. In that case, you will need to file the original with the circuit clerk. Have the clerk file-stamp a copy for your records.

Some counties allow an option to hold the hearing over Zoom (remote appearance) or by telephone. Some require an in-person hearing.

If you are in person, get to court at least 45 minutes before your hearing time. Unless you've been told not to by court staff, bring your child with you.

Bring these items to your court hearing:

• Copies of all the documents you filed with the Circuit clerk;
• Photo ID;
• Children's birth certificates;
• Order for Name Change (Minor Children) for each child; 
• Other papers related to your child’s name change, like the green return receipt mail card that proves you told the child's other parent about the hearing; and
• Any other documents you want the judge to look at (like criminal records).

Check in quietly with the judge's clerk. Wait for your name and case number to be called.

You may be placed under oath. Answer the judge's questions truthfully. When you testify, your testimony should include:

• The child's full name (first, middle, and last);
• The child's current address, including city and state;
• The state or county where the child was born;
• How long has the child lived in Illinois;
• The full name (first, middle, and last) that you would like the court to give the child; and
• Why the name change is in the child's best interest.

The judge will either grant or deny your request. The judge will write this on your Order for Name Change (Minor Children) and sign it.

If the judge grants the name change of the child: If your child's name change is approved, give the judge your Order for Change of Name (Minor Children) form to sign. Once the judge has signed it, you must file it with the circuit clerk. You should get three certified copies from the clerk's office, usually for a small fee unless you have a fee waiver order. You'll need these to update the child's birth certificate and Social Security card. You may need additional copies to ask for other changes and updated documents. Nothing will be changed automatically.

If the judge denies the name change of the child: If the request was denied due to a mistake (such as a missing form), you can fix it and try again. However, if the judge thinks the change is bad for the child, you can’t ask again unless the child’s life changes.

You have 30 days to ask a higher court to look at the case (an appeal).