House File 60 - Introduced HOUSE FILE BY TYMESON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a petition for a name change filed on behalf 2 of a minor child under the age of fourteen. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1494YH 83 5 rh/rj/14 PAG LIN 1 1 Section 1. Section 674.6, Code 2009, is amended to read as 1 2 follows: 1 3 674.6 NOTICE == CONSENT. 1 4 1. If the petitioner is married, the petitioner must give 1 5 legal notice to the spouse, in the manner of an original 1 6 notice, of the filing of the petition. 1 7 2. If the petition includes or is filed on behalf of a 1 8 minor child fourteen years of age or older, the child's 1 9 written consent to the change of name of that child is 1 10 required. 1 11 3. If the petition includes or is filed on behalf of a 1 12 minor child under fourteen,both parents as stated on the 1 13 birth certificate of the minor child shall file their written 1 14 consent to the name change. If one of the parents does not 1 15 consent to the name change,a hearing shall be set on the 1 16 petition on twenty days' notice tothe nonconsenting parent1 17 both parents pursuant to the rules of civil procedure. At the 1 18 hearing the courtmay waive the requirement of consent as to 1 19 one of the parents if it finds:1 201. That the parent has abandoned the child;1 212. That the parent has been ordered to contribute to the 1 22 support of the child or to financially aid in the child's 1 23 birth and has failed to do so without good cause; or1 243. That the parent does not object to the name change 1 25 after having been given due and proper noticeshall determine 1 26 whether, in the best interests of the child, the name change 1 27 is warranted. 1 28 EXPLANATION 1 29 This bill relates to a petition for a name change filed on 1 30 behalf of a minor child under the age of 14. 1 31 Current law provides that a petition for a name change 1 32 filed on behalf of a minor child under the age of 14 requires 1 33 the written consent of both parents. If one of the parents 1 34 does not consent to the name change, a hearing shall be held 1 35 upon proper notice to the nonconsenting parent, but the court 2 1 may waive the consent requirement as to one of the parents if 2 2 the court finds that the parent has abandoned the child, that 2 3 the parent has been ordered to contribute to the support of 2 4 the child or to financially aid in the child's birth and has 2 5 failed to do so without good cause, or that the parent does 2 6 not object to the name change after having been given due and 2 7 proper notice. 2 8 The bill eliminates the requirement that both parents must 2 9 consent to the name change but requires the court to hold a 2 10 hearing, upon proper notice to both parents, to determine 2 11 whether, in the best interests of the child, a name change is 2 12 warranted. 2 13 LSB 1494YH 83 2 14 rh/rj/14