Name Change – General – Idaho
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Idaho, but does include basic and other provisions.
Name Change Action Allowed: In Idaho, a person may change their name by filing an action in the district court with appropriate forms.
Who is an adult? In Idaho, a person who has attained the age of 18 years is considered an adult.
Who is a minor? In Idaho, a person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must find sufficient reasons for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes, notice of the petition and information in a form established by statute are published in a newspaper printed in the county or, if there is no such newspaper, posted in three (3) public places for a period of four (4) calendar weeks.
Who must be provided notice of the Petition? The general public is to be provided notice by statute.
Can individuals “object” to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court’s findings as to whether the change of name is consistent with the public interest.
After the court grants my Petition for Change of Name, may I obtain a new birth certificate? Yes. Your birth certificate may be “amended”. This requires you complete the forms provided by the Department of Vital Statistics. The “Amended” certificate will be issued and will carry the notation “Amended”.
Procedures: The process for obtaining a name change for an adult in the State of Idaho begins with the filing of a Petition with the District Court in the jurisdiction in which Petitioner resides. The Petition informs the Court of the Petitioner’s name, the name the Petitioner wishes to adopt, certain personal and family information required by statute.
After the Petition is filed and the required fee is paid, the Petitioner is required to give public notice of the relief requested and the date of the hearing in a local newspaper. The notice must be published once each week for four successive calendar weeks.
After publication is complete, the Petitioner must submit proof of publication to the Clerk of the Court. This is accomplished by filing an affidavit provided by the newspaper verifying the publication. The affidavit is attached to a copy of the published notice and filed with the Clerk.
At the time of the hearing, if objections to the change of name are filed they will be heard. The court may examine the petitioner, objectors, and others with an interest in the petition. Thereafter, the court will enter and order granting or denying the petition.
Additonal Information and Instructions
Jurisdiction in District Court: Application for change of names must be heard and determined by the district courts. Idaho Statutes, Title 7 Special Proceedings, Chapter 8 Change of Names, Section 7-801.
Petition for Change: 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; and if such person is under the age of eighteen (18) years, by one (1) of the parents, if living; or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. 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, and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence. Idaho Statutes, Title 7 Special Proceedings, Chapter 8 Change of Names, Section 7-802.
Publication of Petition: A notice of hearing of such petition signed by the clerk and issued under the seal of the court, must be published for four (4) successive weeks in some newspaper printed in the county, if a newspaper be printed therein, but if no newspaper be printed in the county a copy of such notice of hearing must be posted at three [(3)] of the most public places in the county for a like period, and proofs must be made of such publication or posting before the petition can be considered. The notice of hearing may be substantially in the following form:
NOTICE OF HEARING
In the District Court of the …. Judicial District of the State of Idaho in and for …. County.
In the matter of the application of …. for change in name.
(Assertions herein contained refer to assertions in the petition)
A petition by …., born …. at …. now residing at …. proposing a change in name to …. has been filed in the above entitled court, the reason for the change in name being
the name of the petitioner’s father is …. address …. (if living); the names and addresses of petitioner’s near relatives (if father be dead) are: …………………………………………………………………
such petition will be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court a good reason against such a change of name.
WITNESS my hand and seal of said District Court this …. day of …. 20…
…. Attorney for Petitioner
…. Residence or post office address
Idaho Statutes, Title 7 Special Proceedings, Chapter 8 Change of Names, Section 7-803.
HEARING AND ORDER: Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper. Idaho Statutes, Title 7 Special Proceedings, Chapter 8 Change of Names, Section 7-804.
Restrictions on Name Changes for Convicted Sexual Offenders–Notification of Name Changes of Convicted Sexual Offenders:
(1) No person shall apply for a change of name with the intent or purpose of avoiding registration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho Code. No name change shall be granted to any person if the name change would have the effect of relieving the person of the duty to register as a convicted sexual offender under chapter 83, title 18, Idaho Code, or under the provisions of similar laws enacted by another state.
(2) The court granting a name change to any individual required to register as a convicted sexual offender pursuant to the provisions of chapter 83, title 18, Idaho Code, shall provide notice of the name change to the Idaho state police, central sexual offender registry. This notice shall include the offender’s name prior to change, new name, social security number, date of birth and last known address. Idaho Statutes, Title 7 Special Proceedings, Chapter 8 Change of Names, Section 7-805.
Other Name Change References:
1. Males under eighteen (18) years of age.
2. Females under eighteen (18) years of age.
3. Provided, that any male or any female who has been married shall be competent to enter a contract, mortgage, deed of trust, bill of sale and conveyance, and sue or be sued thereon.
Idaho Statutes, Title 32 Domestic Relations, Chapter 1 Persons, §32-101