An Overview of Legal Name Change in Iowa
A legal name change is a government-approved method of changing your name. This process is usually performed in order to correct a misspelled name, remove or add a spouse’s name after marriage or divorce, and more. There are typically no limits to how many times you can change your name throughout your life. Additionally, you don’t even need to change your name legally when getting married or divorced. You can adopt your spouse’s last name or even choose to create a new last name as a couple. However, you will need to fill out the same forms you would need to obtain a legal name change . Other common name change reasons include: Some people who identify as transgender may also go through this process to reflect their outward gender appearance. Iowa law requires that an individual must petition the court for a name change, and there are certain restrictions for those with criminal backgrounds. Iowa Code Section 674.1 allows a court to deny a request for a name change and/or request notice to be given to certain persons or parties in the case. Furthermore, the clerk of court may not accept a request related to a name change without certain attached affidavits.
Qualifying Criteria for a Name Change
Eligibility requirements for a legal name change are generally straightforward in Iowa. Both adults and children can petition the court for a name change. But there are some restrictions for each, and additional considerations if you’re changing your minor child’s name.
Adults
Any adult can apply for a change of name, unless they are subject to a sex offender registry in Iowa, or are ordered to register as a sex offender under federal law. If you are on the registry in Iowa, you are not eligible to change your name until the order is terminated due to reassessment. Federal law has similar provisions, requiring both a conviction and a sentence that is at least one year.
There are no residency requirements to apply for a name change. If you live in Iowa when you file your petition, you will be subject to Iowa law. Many people who are in Iowa temporarily qualify as residents for purposes of filing a name change.
Children
In addition to the restrictions for adults, applicants must also consider minor children. A parent can petition for a name change for a minor child, but objections can be raised by both parents if the child is not of an age where they can object themselves. The petitioning parent in these cases must show a substantial change in circumstances and that the name change is in the best interest of the child.
Generally, the objection of a parent of a child who is over 14 years of age will prevail unless the child requests a name change. In many cases, the child is not brought into the proceedings at all, in which case there can be issues later if the child has been raised with a different name than the name on their birth certificate. For this reason, it is generally a good idea to have a child involved in the proceedings.
Minors older than 14 must also give their consent to change their name. If the minor appears and consents to the name change, the court is required to grant the petition and will do so in open court. Parents do not have legal authority to change their minor child’s name outside of petitioning the court.
It is clear that there are some restrictions on who can petition the court for a name change, but most people do not have restrictions for this type of name change. Those who do will likely receive a notice from the court. If you have questions about your ability to petition the court, please consult an attorney familiar with name change petitions.
Name Change Procedures in Iowa
The legal name change process in Iowa is fairly straightforward, given that you have all the requisite information, and that you follow all the steps and instructions. The first thing you need to understand about the process in Iowa is that you will be required to fill out a number of forms. Among the forms you will need to fill out are a petition for an official name change form, an affidavit form, and a notice of hearing form. Some courts may ask you to fill out additional forms, but for the most part, these three are the big ones.
Once you have filled out and completed all three forms, including having it notarized, you will need to file them in the district court for the county in which you reside. There is a filing fee involved in the process, and that filing fee will vary depending on where you live. However, it is typically in the $150 to $170 range. Once you have completed and filed all the necessary forms, you will then need to publish a notice of the name change in a local newspaper of your choice in order for the process to become final.
While the timeframe for how long the process will take varies from county to county, once you have filed the necessary forms with the court, received a hearing date, obtained and completed the notice of hearing form, had the notice published, and then been to court to obtain a court order approving your official name change, the entire process is rather quick. We have had cases in Iowa typically resolve within weeks of filing, including receiving a court order and receiving an updated driver’s license and Social Security card.
Court Hearing Process and Legal Considerations
The court hearing for a name change petition in Iowa can vary depending on the county of jurisdiction. Most counties in the state typically hold the proceeding in the courthouse rather than at a court building. Iowa Code (Chapter 674) does not specify when a hearing should be held in relation to when you file the Notice of Hearing and Petition for Name Change with the court. While the court could, in theory, schedule the hearing as soon as it receives the paperwork, this is unlikely to happen. Instead, the court needs to make sure that you have met all of the requirements for changing your name in Iowa before they approve the petition. This would include publishing the notice and making sure you give up the right to any other petition for name change until expiration of a two-year period , additional checks for certain restricted names, and a fingerprint based criminal history check for new petitions. If any of these requirements fail or if you fail to show up to the hearing, the court may consider your case abandoned and simply deny the petition.
If the court hearing goes as planned, all you are required to do is answer any questions the judge may have regarding the request. Some of the common questions you may be asked include:
Once the hearing ends and the judge approves the petition, you will need to obtain a certified copy of the order from the court that will serve as proof your name has been legally changed.
Requirements Following Approval
Following approval of your petition to change your name, but prior to the Court actually signing the name change order, you must send a notice of the name change to the state agencies with which you have the most significant dealings. This includes the Iowa Department of Motor Vehicle Services, your employer or employers, your bank or other financial institution, the Social Security Administration, the IRS, and potentially your school or schools if you are a student or parent of a student enrolled in an Iowa school.
I strongly recommend that you not file your notice through the mail. Your notice should be hand delivered directly to, or actually received by the agency in the case of the Social Security Administration or IRS. This is because most agencies do not have a process established to accept such a notice, and they may consider the notice to be either irrelevant or an inappropriate notice or demand. For example, the IRS does not want to be notified because they do not want to be involved in a name change or have to answer questions about names. Accordingly, the IRS requests that you do not call them for a name change but wait until they ask you to provide more information, and in such a case give them the name you now use and not the name you used in prior years. If an agency contacts you about receiving a notice of a name change, advise them to accept your file and not keep calling you. In the case of the Social Security Administration, you will have to personally visit the office to provide them with notice of the name change.
Common Questions on Iowa Name Changes
Can I legally change my name if I have an arrest record?
Yes, you can file for a name change even if you have a record. It will not be granted automatically, however. In order to get your petition approved, you will need to fulfill all of your obligations from the time of the arrest. This means that if you were given a fine, you will need to pay it. If you received a jail sentence, you will need to have served it. Additionally, if you owe fees or fines related to this arrest, those will need to be paid as well. Even if the arrest leads to no charges or you are found not guilty, you will need to have completed any court ordered requirements, such as counseling.
My child’s name was misspelled on his birth certificate. Will it be corrected if we file for a name change?
Not necessarily. Repairs to birth certificates will need to be requested separately from your petition for a name change. To request a change to the birth certificate, send the State Registrar a written request with a certified copy of the court order and the proper fee .
I am legally separated. Can I still file for a name change?
Yes, you can file for a name change while legally separated. However, you will still need to publish your notice, and a copy of the notice will be sent to the spouse at their last known address. If you are worried that the spouse will not see the notice, you may ask the court to waive the publication requirement.
I live out of state, but I was born in Iowa. Do I have to file a petition in Iowa to change my name legally?
In order to change your name in a legal way that will legally bind you in Iowa, you will need to file the petition in Iowa. However, you may file it in the county where you live, rather than in the county of your birth.
My married name is different than my maiden name. Which name do I need to use on my petition?
List both names on the petition. As your legal name is your current legal name, write your true legal name on the document. Do not list a name that your legal name at the time of the petition.