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Name Change Law and Procedure
To change the name of a child or minor, other than in connection with an adoption or divorce, file a petition for name change in the Maryland circuit court in the county where the child is a resident. See the Maryland Judiciary's Department of Family Administration's website for forms and instructions.
Below are some tips for completing the petition for a name change of a minor.
- You will need to know both names of the biological parents.
- It is usually good practice to secure the consent of parents, guardians, or custodians.
- You will need a document that reflects your child's current name, such as a birth certificate.
The court clerk will issue a notice that the petition was filed. This notice must be published in a newspaper unless the court orders otherwise. You are responsible for the payment of the newspaper's invoice for publication of the notice of name change. This can sometimes be expensive. The newspaper will send a confirmation that the notice has been published. In some counties, the newspaper will only send the confirmation to the court. In other counties, both you and the court will receive confirmation from the newspaper that the notice was published.
You can ask the court to waive the publication requirement. If you file a motion requesting a waiver of the publication requirement, then the court must waive the requirement.
Any person may object to the name change. You must respond to that objection. If the judge has questions about your petition, there may be a hearing.
Read the rule: Md. Rule 15-901
Read the law: Md. Code, Courts and Judicial Proceedings § 3-2201
Frequently Asked Questions
Do I have to ask for the court for a name change? Can I just change my child’s name on the birth certificate?
Under some circumstances, you may not need a court order to change your child's name. Whether you can change your child’s name on a birth certificate without a court order will depend on the your reasons for the name change. Learn more about changing or correcting a name on a Maryland birth certificate.
I want to change my children’s last name to my last name. Does this change their father’s legal status or his responsibility to my children?
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 not affect the rights and/or duties of either parent. As a parent, you still have the same obligation for care of the child, child support, visitation, rights of inheritance, or other legal rights and/or obligations.
Can you skip publication of the name change if you are the parent?
The Maryland Rules require publication of the name change. However, you can ask the court for a wavier of this requirement. If you file a motion to request the waiver, the court must waive the publication requirement.
Read the rule: Md. Rule 15-901
Read the law: Md. Code, Courts and Judicial Proceedings § 3-2201
After my divorce, I have returned to my former name. Can I change the last name of my children as well?
The answer depends on whether both parents agree to the name change.
If both parents consent to the name change:
- If the child is over one year old but still a minor, you may file a Petition for Name Change.
- If a child is under 12 months, you may not need a court order. The Department of Health can change the name if both parents agree.
Read the law: Md. Code, Health General § 4-214
If both parents do not consent, see the question below about what happens when parents do not agree on changing a child’s name.
What happens when parents do not agree on changing a child’s name?
If both parents do not consent to the name change, then you may ask the court to decide. You may need to show the court that the name change is in the child's best interests, and that the circumstances of your case are extreme. Abandonment and serious misconduct disgracing an existing surname are of paramount importance in establishing extreme circumstances.
Courts may consider:
- 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 or children.
Read the case: Dorsey v. Tarpley, 381 Md. 109 (2004)
I want to change my child's name from my ex-husband's last name to my last name. My ex-husband does not agree, but he was convicted of a crime. Is that enough of a reason for a court to allow a name change without his consent?
It will depend on your specific circumstances. Generally, for a conviction to justify a name change without the father's consent, you will have to show the court that your husband's offense was of such a great magnitude that the continued use of the name would result in significant harm or disgrace to your children.
Read the case: West v. Wright, 263 Md. 297 (1971)
Can foster parents petition the court for a name change for a child?
There are no special rules for name changes of a foster child. The same laws apply. However, note that the social services organization may have to ask the court for the name change, not the foster parents.
Read the case: In re Adoption/Guardianship No. 3155, 103 Md. App. 300 (1995)
I am a sixteen years old and 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?
You do not need to be adopted by your stepfather. However, 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 toward you. This is different from an adoption. In an adoption, the rights and obligations of the natural parent are terminated.
Read the rule: Md. Rule 15-901