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