Texas Name Change Instructions and Forms Package for an Adult
Note: This summary is not intended to be an all inclusive
discussion of the law applicable to an action for an adult change of name
in the State of Texas, but does include basic and other provisions.
Name Change Action Allowed:
In Texas, an adult may change their name by filing an action in the county
court, in the county in which they reside, with appropriate forms.
Who is an adult?
A person who has attained the age of 18 years is considered an adult.
Is there any reason why a person might not be allowed
to change his or her name?
Yes. The court must find (1) that the name change is for the benefit of or in the interest of the
Petitioner; and (2) 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 the name
change in the interest or to the benefit of the petitioner and in the interest
of the public. A change of name upon marriage, dissolution, or divorce
meets these requirements.
Is Publication of a Notice Required?
No, not for an adult seeking a name change.
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.
Procedures:
The process for obtaining a name change for an adult in the State of Texas begins with the filing
of a Petition with the County Court in the jurisdiction in which the Petitioner
resides. The Petition informs the Court of the Petitioner's name,
the name the Petitioner wishes to adopt, the reasons for the requested
change of name, and other personal information required by statute.
After the Petition is filed and the required filing fee has been
paid, if the court is satisfied that the required information has been
provided in the Petition, the Court may Order the change of name if the
Court finds it in the interest or to the benefit of the Petitioner and
in the public interest.
Additional Information and Instructions:
Statutes:
Who May File; Venue:
An adult may file a petition requesting a change of name in the
county of the adult's place of residence. [Texas Family Code, Title
2 Child in Relation to Family, Chapter 45 Change of Name, Subchapter B.
Change of Name of Adult, Sec. 45.101.]
Requirements of Petition.:
(a) A petition to change the name of an adult must be verified
and include:
[EDITORS' NOTE; SEE BELOW FOR ADDITIONAL VERSION OF SUBD. (5) AMENDED
BY Acts 2003, 78th Leg., ch. 1003, § 1.]
(5) whether the petitioner is subject to the registration requirements
of Chapter 62, Code of Criminal Procedure.
[EDITORS' NOTE; SEE ABOVE FOR ADDITIONAL VERSION OF SUBD. (5) AMENDED
BY Acts 2003, 78th Leg., ch. 1300, § 7.]
(6) a legible and complete set of the petitioner's fingerprints
on a fingerprint card format acceptable to the Department of Public Safety
and the Federal Bureau of Investigation.
(b) The petition must include each of the following or a reasonable
explanation why the required information is not included:
(G) assigned FBI number, state identification number, if known,
or any other reference number in a criminal history record system that
identifies the petitioner;
(2) any offense above the grade of Class C misdemeanor for which the
petitioner has been charged; and
(3) the case number and the court if a warrant was issued or a
charging instrument was filed or presented for an offense listed in Subsection
(b)(2). [Texas Family Code, Title 2 Child in Relation to Family,
Chapter 45 Change of Name, Subchapter B. Change of Name of Adult,
Sec. 45.102.]
Order:
(a) The court shall order a change of name under this subchapter
for a person other than a person with a final felony conviction or a
person subject to the registration requirements of Chapter 62, Code of
Criminal Procedure, if the change is in the interest or to the benefit of
the petitioner and in the interest of the public.
(b) A court may order a change of name under this subchapter for
a person with a final felony conviction if, in addition to the requirements
of Subsection (a), the person has:
(1) received a certificate of discharge by the pardons
and paroles division of the Texas Department of Criminal Justice or completed
a period of probation ordered by a court and not less than two years have
passed from the date of the receipt of discharge or completion of probation;
or
(c) A court may order a change of name under this subchapter
for a person subject to the registration requirements of Chapter 62,
Code of Criminal Procedure, if, in addition to the requirements of Subsection
(a), the person provides the court with proof that the person has
notified the appropriate local law enforcement authority of the
proposed name change. In this subsection, "local law enforcement authority"
has the meaning assigned by Article 62.01 CODE CRIM. P., Code of Criminal
Procedure. [Texas Family Code, Title 2 Child in Relation
to Family, Chapter 45 Change of Name, Subchapter B. Change of Name
of Adult, Sec. 45.103.]
Liabilities and Rights Unaffected:
A change of name under this subchapter does not release a person
from liability incurred in that person's previous name or defeat any right
the person had in the person's previous name. [Texas Family Code,
Title 2 Child in Relation to Family, Chapter 45 Change of Name, Subchapter
B. Change of Name of Adult, Sec. 45.104.]
Change of Name in Divorce Suit:
(a) On the final disposition of a suit for divorce, for
annulment, or to declare a marriage void, the court shall enter a decree
changing the name of a party specially praying for the change to a prior
used name unless the court states in the decree a reason for denying the
change of name. The court may not deny a change of name solely to
keep last names of family members the same.
(b) A person whose name is changed under this section may apply
for a change of name certificate from the clerk of the court as provided
by Section 45.106. [Texas Family Code, Title 2 Child in Relation
to Family, Chapter 45 Change of Name, Subchapter B. Change of Name
of Adult, Sec. 45.105.]
Change of Name Certificate:
(a) A person whose name is changed under Section 6.706
or 45.105 may apply to the clerk of the court ordering the name change
for a change of name certificate.
(b) A certificate under this section is a one page document that
includes:
(4) the person's social security number and driver's license number,
if any;
(c) An applicant for a certificate under this section shall pay a $10
fee to the clerk of the court for issuance of the certificate.
(d) A certificate under this section constitutes proof of the change
of name of the person named in the certificate. [Texas Family Code,
Title 2 Child in Relation to Family, Chapter 45 Change of Name, Subchapter
B. Change of Name of Adult, Sec. 45.106.]
Other Name Change References:
Age of Majority:
The age of majority in this state is 18 years. [Texas Civil
Practice & Remedies Code, Title 6 Miscellaneous Provisions, Chapter
129 Age of Majority, § 129.001.]
