Family Law

So You Want to Change Your Name?

By Ben Stevens

Over the years, we have had numerous cases where our adult clients wanted to change their name for some reason other than divorce. For example, some change their name because they?ve used a different name during their adult years on numerous records other than the name on their birth certificate, and now as retirement approaches, they need to get their records straightened out. Others want to honor their step-father by adopting his last name. Some have a different sexual identity, and want or need to change their first name to reflect the proper gender. Still others are just embarrassed by their name, and want to change it to avoid further embarrassment.

Courts are now giving higher scrutiny to name changes due to security concerns. In South Carolina, at the time of filing of a Complaint to change an adult?s name, the petitioner is now required to provide all of the following documents:

• results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;
  
• a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect;
  
• an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony; and
  
• a screening statement from the State Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry.

The Court will only grant a name change after a hearing, and it will require that notification of the name change be provided to DSS, SLED, child support enforcement, and/or such other agencies as the Court deems appropriate if the Court has any concerns. For further clarification, see South Carolina Code Section 15-49-20.

Thanks to my law partner, Paul MacPhail, for providing this post.

Full post as published by SC Family Law Blog on May 26, 2009 (boomark / email).