How Do I Change My Name in Maryland?

Changing your name...

• for any reason

• upon marriage or divorce

• for transgendered persons

• for a child

 6 Easy Steps to Name Change in Court

After you change your name, correct your records and identification

Changing your name for any reason

Q. I just don’t like my birth name and I want to change it. Can I choose any name I want?

A. Yes, you can choose any name you wish as long as:

• You do not intend to commit a crime and

• You do not interfere with the rights of others—for example, you cannot change your name to that of a celebrity in order to take advantage of the celebrity’s name.

The only condition for a name change is that the person asking for the name change must file a petition that the name change is not for any illegal or fraudulent purpose. Forms and 6 Easy Steps to Change Your Name. See  Rule 15-901(C)1(e),

See note regarding name change by anyone convicted of a sex offense.

Q. Do I have to file forms in court to change my name?

A. No. In Maryland, you may change your name in at least 3 ways:  Usage, Court Petition and Marriage

• “Usage” - In Maryland, you may change your name by simply picking a new name and then using it in your daily life. You can just start using your new name with friends, family, and any businesses with which you have contact. You will also need to change your records with various government agencies. Here is a case that supports your right to use a new name without going to court. Stuart v. Board of Elections, 295 A.2d 223 (1972).

• “Going to Court and Filing a Petition” You can also file a name change petition in court. Going to court and filing a petition to have your name changed has several benefits;
  • Family and friends may find it easier to accept your new name;
  • Some businesses may not accept a name change by “usage”;
  • It may be easier to change your name if you can show a court order as proof; and
  • You must have a court order to change your name on a birth certificate.
  • You must have a court order to change your name on a birth certificate except if the following are all true:
    • You change the name within 12 months of the date the child was born, and
    • Both parents give a written request for name change to the clerk of the court and
    • Both parents sign a sworn statement (before a notary public) that they are the parents and the statement is voluntary.

  • You must have court order to change a person’s name on a death certificate if you try to change the name more than three years after a person’s death.

• “Marriage” You may also change your name when you marry.

Changing Your Name upon Marriage or Divorce

Q. I’m a woman and I’m planning to be married soon. Must I take my husband’s name?

A. No. In Maryland, a woman has the legal right to keep her birth name. Stuart v. Board of Supervisors of Elections, 266 Md. 440, 295 A.2d 223 (1972).

Q. Can my husband and I both change our names to a hyphenated version of our two names or to a new name?

A. You can make either change. More men are changing their names for marriage. In Maryland, any person may choose any name, as long as s/he does so consistently and is not acting illegally. Details

Q. What if I do want to take my husband’s name? How do I make the change?

A. Just start using his name as soon as you are married. Use your new name consistently. Change your name on all important documents and identification papers. More information on changing your records.

To change some of your papers, you’ll need a certified copy of your marriage certificate, which you should receive shortly after you are married.

Changing Your Name after Divorce

Q. I took my husband’s name when I married, but now we’re getting divorced. How do I return to my former name?

A. In Maryland, you may change your name to your former name as long as you do not change your name for an illegal reason. Klein v. Klein, 36 Md. App. 177, 373 A.2d 86 (1977).

A judge has an obligation to act fairly. If you ask a judge to allow you to take your former name back after a divorce, it is an “abuse of discretion” for the judge to deny your request. This means that the judge should grant your request as long as your request is not illegal. Klein v. Klein, 36 Md. App. 177, 373 A.2d 86 (1977.

Name change as part of a divorce

• As part of your divorce, you can ask the court for an order to resume your prior name. Form DR# 60  can be filed as part of your divorce. The courts normally grants these requests as long as you are not trying to hide from your creditors or defraud someone.

If you have already filed for your divorce, you can amend the divorce papers within 30 days of being filed. Typically, the judge will ask you in the divorce proceeding if you want to return to your former name. There is no form to amend the divorce order.

• Even the divorce papers do not show the name change, you can still use your former name without going to court. In Maryland, just using your former name regularly and changing all your personal records (see Changing Identification and Records)  is enough to change your name to your former name. If you’re changing to a name you had before marriage, it is unlikely you will have any trouble.

Special Issues for Transgendered Persons Changing Names

Q. I am a transgendered person and wish to change my name. What do I do?

A. You will follow the same process to change your name in Maryland as anyone else. Just follow 6 Easy Steps to Changing Your Name in Court if you choose to change your name through filing with the court.

If you do decide to change your name through the “usage” process, remember that you will not actually have documentation or physical proof of your new name. In your situation, you may find it particularly helpful to change your name in court. In addition, you may want to contact the Bureau of Vital Statistics to change your birth certificate.

A sample story of a name change in a Maryland court by a transgendered person.

Q. Can I change my sex on my birth certificate as well as my name?

A. Yes, Maryland law allows you to change your sex and your name on your birth certificate.

Changing the Name of your Children after Marriage or Divorce

Q. I am a sixteen year old stepson and I want to change my last name from my birth father's name to my stepfather's name. Can I do this with a simple name change or must I be adopted?

A. You can use the name change for a minor procedure. Your birth father will have the right to object to the name change. Court rules require that a copy of your name change petition be given ("served") to your parents or custodians.
Keep in mind that changing your name will not change your birth father's legal obligation towards you. This is different than an adoption. In an adoption, the rights of the natural parent are terminated.

Q. After my husband and I are divorced and I return to my former name, can I change the last name of my children as well?

A. Yes. You may fill out a Petition for Name Change for a minor child if:

• The child is one year old or older and

• Both parents consent to the name change.

Then you file the petition in your local court. (If a child is under 12 months, you do not need a court order. The Health Department can change the name if both parents agree.

If both parents do not consent to the name change, then you may ask the court to decide. The court will look at the “best interest of the child”. The court will look at the following to decide what is in your child’s best interest:

• The length of time the father’s name has been used;

• The strength of the mother-child relationship;

• The need of the child to identify with a new family unit, and

• The strength of the father-child relationship.

The court will also consider any additional factors that will help the court decide the best interest of the child/ren. See West v. Wright, 263 Md. 297, 283 A.2d 401 (1971).

Important Note about Paternity and Name Change– If your children have their father’s last name, a name change for the child will not change the father’s legal status or responsibility. A name change does affect the rights and/or duties of either parent. As a parent, you will still have the same obligation for care of the child, pay child support, visit, rights of inheritance, or other legal rights and/or obligations.

Read a case summary about this topic - Lawrence v. Lawrence, 74 Md.App. 472, 538 A.2d 779 (1988).

Changing Your Identification and Records

It is important to let friends, family, and your common contacts know that your name has changed. Generally, it is easiest to first change your name with the post office, then on your driver's license, and then with the Social Security Administration.

TIP: After you change your name, avoid confusion by using only your new name.

• Post Office -  Although the Post office does not have a form for name change, it helps to leave a notice for your local carrier in your mailbox. This will avoid the potential problem of mail with your new name being misdirected.

• Maryland Motor Vehicle Administration (MVA) - There will be a fee to change the name on your driver’s license. The law requires that you notify the MVA within 30 days after you change your name by court order or by marriage. This form is also available in Spanish.

• Social Security Administration  - See the special procedures for changing your name on your Social Security card. You can use a copy of your name change court order. You will need an original or a certified copy.

If you’ve made a will or other estate-planning document (such as a living trust), it’s best to replace it with a new document using your new name.

Note for anyone convicted of a sex offense: Maryland requires registered sex offenders whose name has been changed by order of the court to send a written notice of the change to the Department of Public Safety and Correctional Services within seven days after the order is entered. Maryland Rule 15-901(c)2 You will also be asked about this issue on the name change petition.

Sample letter to notify people of your name change

Now that you have informed the first three contacts of your new name, please remember to contact the following people or agencies:

• U.S. Passport Office - See the chart for the proof required to change your name. If your passport is more than one year old, you will need to pay a fee.

• Friends and family

• Library

• Employers

• Doctors and Pharmacists

• Schools

• Banks and other financial institutions (you will need new checks)

• Creditors and debtors (remember that it is illegal to change your name to escape from your debts)

• Telephone and utility companies

• Department of Vital Statistics  - You may want to add or change a first or a last name on a birth certificate when there are issues concerning paternity or if you have a surgical sex change procedure.

• Maryland Taxing Authority

• Insurance agencies

• Registrar of Voters

• Department of Social Services, if you receive state assistance benefits. Finding a DSS office