Idaho Legal Name Change

TITLE 7 SPECIAL PROCEEDINGS

CHAPTER 8 CHANGE OF NAMES

Sec. 7-801. Jurisdiction in District Court. Application for change of names must be heard and determined by the district courts.

Sec. 7-802. Petition for Change. All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person; and if such person is under the age of eighteen (18) years, by one (1) of the parents, if living; or if both be dead, then by the guardian; and if there be no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of such person, his or her present same, the name proposed, and reason for such change of name, and must, if the father of such person be not living, name, as far as known to the petitioner, the near relatives of such person, and their place of residence.

Sec. 7-803. Publication of Petition. A notice of hearing of such petition signed by the clerk and issued under the seal of the court, must be published for four (4) successive weeks in some newspaper printed in the county, if a newspaper be printed therein, but if no newspaper be printed in the county a copy of such notice of hearing must be posted at three (3) of the most public places in the county for a like period, and proofs must be made of such publication or posting before the petition can be considered. The notice of hearing may be substantially in the following form:

NOTICE OF HEARING

In the District Court of the …. Judicial District of the State of Idaho in and for …. County.

In the matter of the application of …. for change in name.

(Assertions herein contained refer to assertions in the petition)

A petition by …., born …. at …. now residing at …. proposing a change in name to …. has been filed in the above entitled court, the reason for the change in name being………………………………….

………………………………………………….

the name of the petitioner’s father is …. address …. (if living); the

names and addresses of petitioner’s near relatives (if father be dead) are:

……………………………………………….

……………………………………………….

……………………………………………….

such petition will be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court a good reason against such a change of name.

WITNESS my hand and seal of said District Court this …. day of ….

20…

…. Attorney for petitioner …. Clerk

…. Residence or post office address …. Deputy Idaho.

Sec. 7-804. (R) Hearing and Order. Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper.

Sec. 7-805. Restrictions on Name Changes for convicted Sexual Offenders – Notification of Name Changes of Convicted Sexual Offenders.
(1) No person shall apply for a change of name with the intent or purpose of avoiding registration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho Code. No name change shall be granted to any person if the name change would have the effect of relieving the person of the duty to register as a convicted sexual offender under chapter 83, title 18, Idaho Code, or under the provisions of similar laws enacted by another state.

(2) The court granting a name change to any individual required to register as a convicted sexual offender pursuant to the provisions of chapter 83, title 18, Idaho Code, shall provide notice of the name change to the Idaho department of law enforcement, central sexual offender registry. This notice shall include the offender’s name prior to change, new name, social security number, date of birth and last known address.

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