How to Legally Change Your Name in Indiana: A Step-by-Step Outline

Legal Name Changes and Indiana Law

A legal name change can serve as either a flexible method for those looking for a fresh start or a crucial step forward to ensure that one’s identity properly reflects their characteristics. The requirements to amend or revise one’s name can be burdensome without proper guidance; however, an Indiana name change can be a simple process. A legal name change involves both amending an individual’s birth record to display the desired name and changing such name on all government issued documents. However, there is even more involved in the process with potentially several steps preceding a successful name change. This can include obtaining an updated birth certificate (if applicable) and amending one’s social security records (if necessary). A birth certificate can be amended to change one’s name following a legal name change by filing a Name Change Application with the Department of Health’s Office of Vital Records. To do so , you would need a certified copy of the Indiana court order granting your name change. If you change your name, and don’t change your birth certificate, there may be a time period in which you are recognized by your old and new name. Changing your name after marriage or divorce does not require a court order. All you need is a certified copy of your marriage license or divorce decree. However, litigation of some type may be necessary for a birth name change. The reason a birth name change requires a court order is that the birth name is listed on the individual’s birth certificate and can only be changed by a judge. In Indiana, the Circuit or Superior Court in your county hears legal name changes. (For example, in Hamilton County, you file a Notice of Name Change in Hamilton Superior Court 1 or Hamilton Superior Court 2.) Keep in mind that an out-of-county Indiana filing is not valid and will not be admitted in the court where you reside.

Qualifications for a Legal Name Change

The only people who can apply for an adult name change in Indiana are legally competent individuals (18 and older). For minors, both parents must consent, and a minor cannot petition for a name change until he or she is at least 14 years old.
However, there is an exception to this rule for residents of some states. Indiana allows non-resident minors to petition the court for a name change if the minor is authorized to live with a parent or legal guardian in Indiana.
Regardless of the age of the petitioner, there are eligibility restrictions for a name change in Indiana. The following are restrictions on who can legally change his or her name in Indiana:
Age is the primary restriction that applies to adults and minors. Beyond that, no age restrictions apply to name changes in Indiana.
Many people most think about using a name change as a way to start over after a divorce. However, in many other types of situations, a name change can provide an opportunity for adults and children to reinvent themselves or reconnect with their heritage.
While there is an eligibility requirement that states a person must not be a convicted felon to legally change his or her name, this does not mean that felons cannot legally change their names through a court petition. Since this is generally true, it’s presumed that many people assume they are automatically ineligible when they have been convicted of a felony. The truth is that, in most circumstances, even people who were convicted of a felony can change their names. Generally, the only exception is that people who were convicted of certain sex crimes involving children cannot change their name.

Petition for a Legal Name Change

After completing the important tasks of deciding on your name and gathering the requisite information, you’re now ready to file a petition for name change. The Petition must be filed in the circuit court of the county in which you currently reside.
The Petition requires you to provide the following information: In most counties, you will also be required to provide fingerprint-based criminal history. Usually you will go to a specific location and fill out a fingerprint card that will then be submitted to the Indiana State Police. If you have lived in any other states within the last five years, you will need to obtain criminal history from those states as well, which are usually done through the criminal history repositories in each state. You will then file the Petition with the court, pay any filing fees required by your local clerk of court, and then order a certified copy of the Petition. Many local clerks require you to first file the Petition, paying the required filing fee, and then giving them the fingerprint-based criminal history for the judge’s determination prior to mailing it off to the Indiana State police ourselves. Getting fingerprint-based criminal history back from the judge through this method usually takes several weeks to a month. We’ve included the Certificate of Service with Order and Entry of Appearance forms at the bottom, which are standard court forms. The Petition is also accompanied by a Notice of Hearing form, which is usually a court form or a form specific to your local county, and an Order for Name Change form. If you currently live in a county that does not allow for the filing of a name change electronically, you must file an original and three copies of all of your filings in both print and electronic format. If an e-filing account cannot be created in your county or you experience complications with your e-filing, you may email the court about the matter. Most counties have requirements regarding the verification of your address, which can be satisfied by providing a copy of a current driver’s license, utility bill, lease, or government document that includes your name and current address. Some counties will allow you to redact your address if you are being abused or are a victim of domestic violence; in these cases, the county may allow you to use a Post Office Box address. While there may be some counties that do not require verification of your address, most counties have this requirement. The process of obtaining fingerprint-based criminal history and filing a petition for name change can take up to two months or longer. It is advisable not to schedule a hearing for the changing of the applicants name until you have received the criminal history background.

Necessary Paperwork and Fees for Name Changes

In support of the petition to change a name, the petitioner shall either file with the petition: (1) a criminal history obtained from the local police department and the Indiana state police under IC 10-13-2-4; or (2) an affidavit averring that the petitioner has never been convicted of a felony, unless the petitioner was convicted as a child; is not prohibited from receiving a handgun under IC 35-47-2-7; and, if applicable, is eligible to possess a handgun under IC 35-47-2-7.5. If the petitioner includes an affidavit, the court may require the petitioner to furnish fingerprints to the local police department or sheriff. A petitioner filing an affidavit regarding criminal history or eligibility to possess a handgun is not required to be fingerprinted.
The filing fee charged for the petition is $122, except that a person eligible for indigent legal assistance under IC 34-10-1-8 is required to pay a fee of $28. Once the petition has been filed, the petitioner must publish a notice of the proposed name change in the county in which the petitioner resides not fewer than thirty (30) days before the hearing on the petition. Next, the petitioner must appear before the court during the public hearing before the judge. At this time the judge will set forth the requirements. A person wishing to legally change their name in Indiana needs to follow these steps exactly so that there are no issues during the process.

Court Appearance and Finalization of the Legal Name Change

The next step in the process is the court hearing itself. Whether you attend the hearing as a person pro se (i.e. without an attorney) or represented by counsel, one of the first issues will be discussing the case with the judge. Most judges will want to know why you are seeking the change. We suggest that you explain in as straightforward a manner as possible. You will likely be under oath, so make sure you are answering honestly. Some common questions from the judge may include: Beyond these questions , it is likely that the judge will only ask a few questions and immediately agree to your petition (assuming that the petition satisfies the requirements of the law). If you are granted your name change, the judge will sign a decree on the spot. In order to finalize the name change, the decree must be filed in the court record and then published in a newspaper of general circulation in the county where you filed your case (and typically, in the county where you live). The publication is meant to alert the public at large of your intention to change your name. It is recommended that you publish as quickly as possible after the hearing.

Important Papers that need Updating after a Name Change

Once you’ve legally changed your name, it’s important to update your personal records so that everything matches up. Here are the documents that you need to update and how to do it:
Your social security card. As soon as your name change has been approved, update your name with the Social Security Administration (SSA). Complete a form SS-5, Application for a Social Security Card. Include your court name change order and email, mail, or take the form in person to your local SSA office. If you are changing the name of a child under 18 years of age, a parent or legal guardian must also sign the SS-5 form.
Your driver’s license. Update your name with the Indiana Bureau of Motor Vehicles either in-person or online. Unlike other states, Indiana does not require that you update your social security card before you can receive a new driver’s license with your name change.
Your passport. You can keep your passport with your old name until your passport expires, but changing your name on your passport at the same time you change your name on your driver’s license is a good idea if you travel often. If you have remaining valid nonimmigrant or immigrant visas in your passport, it is not necessary to get a new passport – the name change does not affect those visas. To obtain a name change on your passport, submit a name change application. Include your court name change order, your expired passport, and any supporting documents. Submit in person at a passport office or through the mail.
Your financial accounts. Update the name on your current bank accounts to reflect the name change. Depending on the bank, you may need to call them to change your bank account information or you may just need to bring in a copy of your name change order. You can also apply for a new debit card in your new name.
Your employer and benefits providers. Notify your employer and any providers of group life insurance or other benefits of your name change.

Minors and Legal Name Changes

Changing the name of a minor child in Indiana requires closeness to the child and the consent of all living parents. Many divorced parents face name change petitions from the other parent after the divorce is finalized. The responsibilities and rights of both parents must be considered.
As stated above, both parents who have physical custody of the child as well as all living parents must consent to the name change petition. This includes the biological parent even if a stepparent or live-in romantic partner requested the name change. The court will deny the name change if either parent objects to the petition in a timely manner. Objections are generally filed within thirty (30) days of service of the petition.
The petitioner must notify all other parties of the hearing date and the time and provide a copy of the petition for name change. If the court grants the name change, the court will order the local law enforcement agency charged with maintaining the records of birth to also issue a new birth certificate under the new name and provide the parents with a certified copy of the new birth certificate upon payment of a small fee. The process generally takes about six (6) months.
A Final Decree of Dissolution of Marriage that includes the name change of a minor child is sufficient. Any non-custodial parent seeking to change the name of a minor child must proceed as outlined above.

Commonly Asked Questions

While Indiana has a pretty simple process for changing one’s name, there are still many questions regarding the process itself, what forms to fill out and even where to file the proper paperwork. Here are some common questions we get about the legal name change process in Indiana.

1. Where can I find the "Petition for Change of Name"?

The Indiana form petition for change of name can be found here:
http://www.in.gov/judiciary/admin/files/name-petition.pdf

2. Do I have to have my fingerprints taken to change my name?

In certain counties, yes, in others no. It is important to check with the clerk’s office in your county to find out what they require prior to filing (and paying) your petition for name change.

3. Both my spouse and I want to change our names. Is there a petition we both need to fill out?

No. There is generally only one petition needed . However, there are additional forms required if both parties wish to change their names. Again, this varies by county with where the petition is being filed.

4. I have already had my name changed through my divorce, do I need to go through the process again if I want to change my name one more time?

No. Both the decree of dissolution and the orders for change of name must be filed in the court of your divorce proceeding. However, you must include them as attachments when filing the name change petition.

5. What if one of the parties involved in the name change is a minor? Is there a different form required?

Yes, there is both a notice of hearing and a consent of parent filing form that is required to be filed in all proceedings where a minor’s name is being changed. These forms can be found here:
http://www.in.gov/judiciary/admin/files/name-petition.pdf