CHANGING NAMES

674.1

Authorization.

674.2

Petition to court.

674.3

Petition copy.

674.4

When granted.

674.5

Contents of decree.

674.6

Notice — consent.

674.7

Copy to department of health and human services.

674.8

Copy to counties.

674.9

Former name indicated.

674.10

Fee.

674.11

County clerk’s record. Repealed by 2007 Acts, ch 71, §6.

674.12

Reserved.

674.13

Further change barred.

674.14

Indexing in real property record.

674.1

Authorization.

A person who has attained the age of majority and who does not have any civil disabilities may apply to the court to change the person’s name by filing a verified petition as provided in this chapter. The verified petition may request a name change for minor children of the petitioner as well as the petitioner or a parent may file a verified petition requesting a name change on behalf of a minor child of the parent.

[C51, §2256 – 2260; R60, §3844 – 3848; C73, §3502 – 3506; C97, §4471 – 4475; S13, §4471-b; C24, 27, 31, 35, 39, §12645; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §674.1; 81 Acts, ch 201, §1]

674.2

Petition to court.

The verified petition shall be addressed to the district court of the county where the applicant resides and shall state and provide for each person seeking a name change:

1. The name at the time the petition is filed of the person whose name is to be changed and the person’s county of residence. If the person whose name is to be changed is a minor child, the petition shall state the name of the petitioner and the petitioner’s relationship to the minor child.

2. A description including height, weight, color of hair, color of eyes, race, sex, and date and place of birth.

3. Residence at time of petition and any prior residences for the past five years.

4. Reason for change of name, briefly and concisely stated.

5. A legal description of all real property in this state owned by the petitioner.

6. The name the petitioner proposes to take.

7. A certified copy of the birth certificate to be attached to the petition. If a certified copy of the birth certificate is not available, the reason for the unavailability shall be stated and another form of identification, which may include documents provided by the United States department of immigration and naturalization service, shall be attached in lieu of the certified copy of the birth certificate.

[S13, §4471-c; C24, 27, 31, 35, 39, §12646, 12647; C46, 50, 54, 58, 62, 66, 71, §674.2, 674.3; C73, 75, 77, 79, 81, §674.2, 674.6; 81 Acts, ch 201, §2]

90 Acts, ch 1008, §1, 2; 99 Acts, ch 150, §2

674.3

Petition copy.

A copy of the petition shall be filed by the clerk of court with the state registrar of vital statistics of the department of health and human services.

[C73, 75, 77, 79, 81, §674.3]

2023 Acts, ch 19, §1288

674.4

When granted.

A decree of change of name may be granted any time after thirty days of the filing of the petition.

[S13, §4471-h; C24, 27, 31, 35, 39, §12653; C46, 50, 54, 58, 62, 66, 71, §674.9; C73, 75, 77, 79, 81, §674.4]

674.5

Contents of decree.

The decree shall describe the petitioner, giving the petitioner’s name and former name, height, weight, color of hair, color of eyes, race, sex, date and place of birth, and the given name of the spouse and any minor children affected by the change. The decree shall also give a legal description of all real property owned by the petitioner.

[C73, 75, 77, 79, 81, §674.5]

674.6

Notice — consent.

1. If the petitioner is married, the petitioner must give legal notice to the spouse, in the manner of an original notice, of the filing of the petition.

2. If the petition includes or is filed on behalf of a minor child fourteen years of age or older, the child’s written consent to the change of name of that child is required.

3. If the petition includes or is filed on behalf of a minor child under fourteen, both parents as stated on the birth certificate of the minor child shall file their written consent to the name change. If one of the parents does not consent to the name change, a hearing shall be set on the petition on twenty days’ notice to the nonconsenting parent pursuant to the rules of civil procedure. At the hearing the court may waive the requirement of consent as to one of the parents if it finds any of the following:

a. That the parent has abandoned the child.

b. That the parent has been ordered to contribute to the support of the child or to financially aid in the child’s birth and has failed to do so without good cause.

c. That the parent does not object to the name change after having been given due and proper notice.

[C73, 75, 77, 79, 81, §674.6; 81 Acts, ch 201, §3]

85 Acts, ch 99, §12; 2018 Acts, ch 1041, §113

674.7

Copy to department of health and human services.

When the court grants a decree of change of name, the clerk of the court shall furnish the petitioner with a certified copy of the decree and mail an abstract of a decree requiring a name change to be reflected on a birth certificate to the state registrar of vital statistics of the department of health and human services on a form provided by the state registrar.

[C73, 75, 77, 79, 81, §674.7]

2023 Acts, ch 19, §1289

674.8

Copy to counties.

The clerk of the court shall send a certified copy of the decree to the recorder’s office in every county in this state where real property is owned by the petitioner.

[S13, §4471-i; C24, 27, 31, 35, 39, §12656; C46, 50, 54, 58, 62, 66, 71, §674.12; C73, 75, 77, 79, 81, §674.8]

674.9

Former name indicated.

Any new birth certificate issued to a person granted a change of name shall reflect the former name of the person issued the new birth certificate.

[C73, 75, 77, 79, 81, §674.9; 81 Acts, ch 201, §4]

674.10

Fee.

For filing a petition for change of name, the clerk shall collect a fee in the amount collected for filing and docketing a petition under section 602.8105, subsection 1, paragraph “a”.

[S13, §4471-g; C24, 27, 31, 35, 39, §12651, 12652; C46, 50, 54, 58, 62, 66, 71, §674.7, 674.8; C73, 75, 77, 79, 81, §674.10]

94 Acts, ch 1074, §14

674.11

County clerk’s record.

Repealed by 2007 Acts, ch 71, §6.

674.13

Further change barred.

A person shall not change the person’s name more than once under this chapter unless just cause is shown. However, in a decree dissolving a person’s marriage, the person’s name may be changed back to the name appearing on the person’s original birth certificate or to a legal name previously acquired in a former marriage.

[S13, §4471-h; C24, 27, 31, 35, 39, §12655; C46, 50, 54, 58, 62, 66, 71, §674.11; C73, 75, 77, 79, 81, §674.13]

88 Acts, ch 1158, §98

674.14

Indexing in real property record.

The county recorder and county auditor of each county in which the petitioner owns real property shall collect fees in the amounts specified in sections 331.604 and 331.507, subsection 2, paragraph “b”, for indexing a change of name for each parcel of real estate.

[S13, §4471-i; C24, 27, 31, 35, 39, §12656; C46, 50, 54, 58, 62, 66, 71, §674.12; C73, 75, 77, 79, 81, §674.14]

85 Acts, ch 159, §12; 2009 Acts, ch 27, §38