HP1444, LD 2034, item 1, An Act Concerning Name Changes for Minors

An Act Concerning Name Changes for Minors

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 18-C MRSA §1-701, as enacted by PL 2017, c. 402, Pt. A, §2 and affected by Pt. F, §1 and PL 2019, c. 417, Pt. B, §14, is amended to read:

§ 1-701. Petition Process to change name

1. Petition , request; where filed. If a person desires to have that person's name changed, the person may petition the judge in the county where the person resides. If the person is a minor, the person's legal custodian may petition on the person's behalf. If there is a proceeding involving custody or other parental rights with respect to the minor pending in the District Court, the petition must be filed in the District Court This section governs the process to change the name of a person.

A. If a person desires to have that person's name changed, the person may petition the Probate Court in the county where the person resides.

B. A parent or guardian of a minor may petition to change a minor's name in the Probate Court in the county where the minor resides, unless the District Court has exclusive jurisdiction pursuant to Title 4, section 152, subsection 5-A, in which case the petition must be filed in the District Court.

C. A parent or guardian may request to change a minor's name as part of a proceeding concerning parentage or other parental rights, including actions for divorce, parental rights and responsibilities, post-judgment motions and any other proceeding involving parental rights with respect to the minor, in the District Court without filing a separate petition if the parent or guardian asserts good cause. A minor may petition for a name change through an emancipation proceeding without filing a separate petition if the minor asserts good cause. A change of a minor's name may not be ordered pursuant to a protection from abuse order under Title 19-A, section 4007.

For purposes of this section, "parent" means a person who, with respect to the minor, has established parentage pursuant to Title 19-A, chapter 61 and whose parental rights have not been terminated.

2. Notice and name change ; adults. Upon receipt of a petition filed under subsection 1 , paragraph A, the judge court, after due notice, may change the name of the person who is an adult. To protect the person's safety of the person for whom the name change is sought, the judge court may limit the notice required if the person shows by a preponderance of the evidence that:

A. The person is a victim of abuse; and

B. The person is currently in reasonable fear of the person's safety.

2-A. Notice and name change; minors. A parent or guardian who has filed a petition under subsection 1, paragraph B or has requested a name change in a District Court proceeding under subsection 1, paragraph C shall provide notice pursuant to the applicable rules of procedure to any other parent, any guardian and any person or agency with legal custody of the minor and to the minor if the minor is 14 years of age or older. To protect the safety of the minor for whom the name change is sought, the court may limit notice required if the parent who has sole parental rights and responsibilities shows by a preponderance of the evidence that:

A. The minor is a victim of abuse; or

B. The minor or petitioner is currently in reasonable fear of the minor's or petitioner's safety.

Upon proof of service of such notice and after providing an opportunity for those entitled to notice to respond to the petition, the court may change the minor's name if it finds good cause. The court may change a minor's name by agreement of all the parties without a determination of good cause.

2-B. Evaluation of minor's name change. In evaluating whether there is good cause to change a minor's name, the court may consider the following factors:

A. The extent to which the minor identifies with and uses a particular name;

B. The minor's expressed preference, if the minor is of sufficient age and maturity to articulate a basis for preferring a particular name;

C. The effect of the proposed name change on the minor's relationship with a parent;

D. Whether the minor's name is different from any of the minor's siblings and the degree to which the minor associates and identifies with siblings on any side of the minor's family;

E. Whether the minor is known by a particular name in the community;

F. The difficulties, harassment or embarrassment that the minor may experience by bearing the current or proposed name; and

G. Any other factor the court considers relevant, including the factors outlined in Title 19-A, section 1653, subsection 3.

3. Record. The judge court shall make and preserve a record of a name change. If the judge court limited the notice required under subsection 2 or 2-A, the judge court may seal the record of the name change.

4. Filing fee. The fee for filing a name change petition is $40.

5. Background checks. The judge court may require a person seeking a name change to undergo one or more of the following background checks: a criminal history record check; a motor vehicle record check; or a credit check. The judge court may require the person to pay the cost of each background check required.

6. Denial of petition brought for improper purpose. The judge court may not change the name of a person if the judge court has reason to believe that the person is seeking the name change for purposes of defrauding another person or entity or for purposes otherwise contrary to the public interest.

Sec. 2. 19-A MRSA §1653, sub-§2, ¶F is enacted to read:

F. The court may order that a minor's name be changed pursuant to Title 18-C, section 1-701.

Sec. 3. 19-A MRSA §1843, sub-§3, as enacted by PL 2015, c. 296, Pt. A, §1 and affected by Pt. D, §1, is repealed and the following enacted in its place:

3. Change of name. Title 18-C, section 1-701 governs all name changes of minors.

summary

This bill clarifies and consolidates in a single section of Maine law the process and standards for changing the names of adults and minors. The current process to change the name of an adult is for the adult to file a petition in the Probate Court in the county where the adult lives, except when an adult is petitioning to change that adult's name pursuant to a divorce proceeding, and this bill does not change that. This bill provides that a parent or guardian of a minor may file a name change petition for the minor in the Probate Court in the county in which the minor lives, unless the District Court has exclusive jurisdiction regarding the minor pursuant to the Maine Revised Statutes, Title 4, section 152, subsection 5-A, in which case the petition must be filed in District Court. The bill also permits a parent or guardian to request to change the minor's name as part of a proceeding concerning parentage or other parental rights with respect to the minor in the District Court. A separate petition is not required in these cases.

This bill requires the parent or legal guardian who requests a name change for the minor in District Court to provide notice pursuant to the applicable rules of procedure to any other parent, any guardian and any person or agency with legal custody of the minor and to the minor if the minor is 14 years of age or older. The court must provide an opportunity for those entitled to notice to be heard and may change the name of the minor if the court finds that the change is in the best interest of the minor.

Because this bill consolidates the provisions governing the process for change of name, except in the case of annulment, divorce or adoption, it revises the provision in the Maine Parentage Act providing for change of name of a minor on determination of parentage.

HP1444 LD 2034	Session - 129th Maine Legislature		LR 3132 Item 1
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