Does a Child Need to Change Their Name After Being Adopted?
Full Question:
Answer:
Name change after adoption is more a matter of convenience or personal preference than legal requirement. An adult name change in Arizona is initiated by completing an "Application for Change of Name" and filing it at the Superior Court in the county of the Applicant's residence. The court will then consider the Application and may order notice by publication or service on interested parties. Following any required notice, there will be a brief hearing in court. If the court is satisfied that the statutory requirements are satisfied, an "Order for Change of Name of Adult" will be issued by the court. The Applicant is then free to use their new name. The vital records department that issued the birth certificate may be contacted for local procedures on changing the birth certificate. The court ordered name change may be used to change the birth certificate.
The following are Arizona statutes:
Application; venue; judgment:
A. When a person desires to change his name and to adopt another name, he may file an application in the superior court in the county of his residence, setting forth reasons for the change of name and the name he wishes to adopt. The court may enter judgment that the adopted name of the party be substituted for the original name.
B. The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the child in determining whether to enter judgment that the name of the minor be changed.
C. A person who files an application for change of name shall indicate under penalty of perjury:
1. If The person has been convicted of a felony.
2. If felony charges are pending in any jurisdiction against the person for any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity.
3. If The person is knowingly changing the person's name to that of another individual for the purpose of committing or furthering the commission of any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements.
4. The person is making the application solely for the best interest of the person.
5. The person acknowledges that the change of name will not release the person from any obligations incurred or harm any rights of property or actions in the original name.
D. Notwithstanding any law to the contrary, a victim as defined in section 13-4401 or a prosecutor has standing to contest any legal name change at any time before the entry of judgment or up to one year after entry of judgment.
E. On entering a conviction for an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity, the superior court may enter an order setting aside a change of name judgment or deny any pending application. [Ariz. Rev. Stat. Ann., Title 12 - Courts and Civil Proceedings, Chapter 6 - Special Actions and Proceedings by Individual Persons, Article 1 - Change of Name, § 12-601 (1999)]
Notice of application; effect of change on rights and obligations:
A. If upon the filing of the application for change of name the court deems it proper that notice be given, it may order that notice of the application be given by publication or by service upon any party interested.
B. The change of name shall not operate to release the person from any obligations which he has incurred or is under by the original name, or defeat or destroy any rights of property or action which he had in his original name. [Ariz. Rev. Stat. Ann., Title 12 - Courts and Civil Proceedings, Chapter 6 - Special Actions and Proceedings by Individual Persons, Article 1 - Change of Name, § 12-602