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Court approval required for change of name - 54 Pa. Cons. Stat. § 701

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                                CHAPTER 7
                         JUDICIAL CHANGE OF NAME

     Sec.
     701.  Court approval required for change of name.
     702.  Change by order of court.
     703.  Effect on children.
     704.  Divorcing and divorced person may resume prior name.
     704.1. Surviving spouse may resume prior name.
     705.  Penalty for violation of chapter.

        Enactment.  Present Chapter 7 was added December 16, 1982,
     P.L.1309, No.295, effective in 90 days.
        Prior Provisions.  Former Chapter 7, which related to the
     same subject matter, was added November 15, 1972, P.L.1063,
     No.271, and repealed December 16, 1982, P.L.1309, No.295,
     effective in 90 days.
        Cross References.  Chapter 7 is referred to in section 5105
     of Title 23 (Domestic Relations).
     § 701.  Court approval required for change of name.
        (a)  General rule.--Except as set forth in subsection (b), it
     shall be unlawful for any person to assume a name different from
     the name by which such person is and has been known, unless such
     change in name is made pursuant to proceedings in court in
     accordance with subsection (a.1).
        (a.1)  Procedure.--
            (1)  An individual must file a petition in the court of
        common pleas of the county in which the individual resides.
        If a petitioner is married, the petitioner's spouse may join
        as a party petitioner, in which event, upon compliance with
        the provisions of this subsection, the spouse shall also be
        entitled to the benefits of this subsection.
            (2)  The petition must set forth all of the following:
                (i)  The intention to change the petitioner's name.
                (ii)  The reason for the name change.
                (iii)  The current residence of petitioner.
                (iv)  Any residence of the petitioner for the five
            years prior to the date of the petition.
                (v)  If the petitioner requests the court proceed
            under paragraph (3)(iii).
            (3)  Upon filing of the petition, the court shall do all
        of the following:
                (i)  Set a date for a hearing on the petition. The
            hearing shall be held not less than one month nor more
            than three months after the petition is filed.
                (ii)  Except as provided in subparagraph (iii), by
            order, direct that notice be given of the filing of the
            petition and of the date set for the hearing on the
            petition and that the notice be treated as follows:
                    (A)  Published in two newspapers of general
                circulation in the county where the petitioner
                resides or a county contiguous to that county. One of
                the publications may be in the official paper for the
                publication of legal notices in the county.
                    (B)  Given to any nonpetitioning parent of a
                child whose name may be affected by the proceedings.
                (iii)  If the court finds that the notice required in
            subparagraph (ii) would jeopardize the safety of the
            person seeking the name change or his or her child or
            ward, the notice required shall be waived by order of the
            court. Upon granting the request to waive any notice
            requirement, the court shall seal the file. In all cases
            filed under this paragraph, whether or not the name
            change petition is granted, there shall be no public
            access to any court record of the name change petition,
            proceeding or order, unless the name change is granted
            but the file is not sealed. The records shall only be
            opened by order of the court in which the petition was
            granted based upon a showing of good cause or at the
            applicant's request.
            (4)  At the hearing, the following apply:
                (i)  Any person having lawful objection to the change
            of name may appear and be heard.
                (ii)  The petitioner must present to the court all of
            the following:
                    (A)  Proof of publication of the notice under
                paragraph (3)(ii) unless petitioner requested the
                court proceed under paragraph (3)(iii) and the court
                granted the request.
                    (B)  An official search of the proper offices of
                the county where petitioner resides and of any other
                county where petitioner has resided within five years
                prior to filing the petition showing that there are
                no judgments, decrees of record or other similar
                matters against the petitioner. This clause may be
                satisfied by a certificate given by a corporation
                authorized by law to make the search under this
                clause.
            (5)  The court may enter a decree changing the name as
        petitioned if the court is satisfied after the hearing that
        there is no lawful objection to the granting of the petition.
        (b)  Informal change of name.--Notwithstanding subsection
     (a), a person may at any time adopt and use any name if such
     name is used consistently, nonfraudulently and exclusively. The
     adoption of such name shall not, however, be in contravention of
     the prohibitions contained in section 702(c) (relating to change
     by order of court).
     (June 18, 1998, P.L.638, No.83, eff. 60 days; Nov. 30, 2004,
     P.L.1684, No.214, eff. 60 days)

        2004 Amendment.  Act 214 amended subsec. (a) and added
     subsec. (a.1).

Last modified: November 27, 2007