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 to the nonconsenting parent
1 17 both parents pursuant to the rules of civil procedure. At the
1 18 hearing the court may waive the requirement of consent as to
1 19 one of the parents if it finds:
1 20 1. That the parent has abandoned the child;
1 21 2. 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; or
1 24 3. That the parent does not object to the name change
1 25 after having been given due and proper notice shall 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