Pennsylvania Act 2004-214 — NAMES (54 PA.C.S.) - JUDICIAL PROCEDURE FOR NAME CHANGES AND NAME CHANGE BY ORDER OF COURT

Act text

NAMES (54 PA.C.S.) - JUDICIAL PROCEDURE FOR NAME CHANGES AND NAME CHANGE
                            BY ORDER OF COURT
                 Act of Nov. 30, 2004, P.L. 1684, No. 214             Cl. 54
                             Session of 2004
                               No. 2004-214

     SB 1032

                                  AN ACT

     Amending Title 54 (Names) of the Pennsylvania Consolidated
        Statutes, consolidating provisions on judicial procedure for
        name changes; further providing for name change by order of
        court; and making a repeal related to judicial procedure for
        name changes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 701(a) of Title 54 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a subsection to read:
      § 701.  Court approval required for change of name.
        (a)  General rule.--[It] Except as set forth in subsection
     (b), it shall be unlawful for any person to assume a name
     different from the name by which such person is and has been
     known, unless such change in name is made pursuant to
     proceedings in court [as provided by this chapter.] in
     accordance with subsection (a.1).
        (a.1)  Procedure.--
            (1)  An individual must file a petition in the court of
        common pleas of the county in which the individual resides.
        If a petitioner is married, the petitioner's spouse may join
        as a party petitioner, in which event, upon compliance with
        the provisions of this subsection, the spouse shall also be
        entitled to the benefits of this subsection.
            (2)  The petition must set forth all of the following:
                (i)  The intention to change the petitioner's name.
                (ii)  The reason for the name change.
                (iii)  The current residence of petitioner.
                (iv)  Any residence of the petitioner for the five
            years prior to the date of the petition.
                (v)  If the petitioner requests the court proceed
            under paragraph (3)(iii).
            (3)  Upon filing of the petition, the court shall do all
        of the following:
                (i)  Set a date for a hearing on the petition. The
            hearing shall be held not less than one month nor more
            than three months after the petition is filed.
                (ii)  Except as provided in subparagraph (iii), by
            order, direct that notice be given of the filing of the
            petition and of the date set for the hearing on the
            petition and that the notice be treated as follows:
                    (A)  Published in two newspapers of general
                circulation in the county where the petitioner
                resides or a county contiguous to that county. One of
                the publications may be in the official paper for the
                publication of legal notices in the county.
                    (B)  Given to any nonpetitioning parent of a
                child whose name may be affected by the proceedings.
                (iii)  If the court finds that the notice required in
            subparagraph (ii) would jeopardize the safety of the
            person seeking the name change or his or her child or
            ward, the notice required shall be waived by order of the
            court. Upon granting the request to waive any notice
            requirement, the court shall seal the file. In all cases
            filed under this paragraph, whether or not the name
            change petition is granted, there shall be no public
            access to any court record of the name change petition,
            proceeding or order, unless the name change is granted
            but the file is not sealed. The records shall only be
            opened by order of the court in which the petition was
            granted based upon a showing of good cause or at the
            applicant's request.
            (4)  At the hearing, the following apply:
                (i)  Any person having lawful objection to the change
            of name may appear and be heard.
                (ii)  The petitioner must present to the court all of
            the following:
                    (A)  Proof of publication of the notice under
                paragraph (3)(ii) unless petitioner requested the
                court proceed under paragraph (3)(iii) and the court
                granted the request.
                    (B)  An official search of the proper offices of
                the county where petitioner resides and of any other
                county where petitioner has resided within five years
                prior to filing the petition showing that there are
                no judgments, decrees of record or other similar
                matters against the petitioner. This clause may be
                satisfied by a certificate given by a corporation
                authorized by law to make the search under this
                clause.
            (5)  The court may enter a decree changing the name as
        petitioned if the court is satisfied after the hearing that
        there is no lawful objection to the granting of the petition.
        * * *
        Section 2.  Section 702(b) of Title 54 is amended to read:
      § 702.  Change by order of court.
        * * *
        (b)  Procedure.--Prior to entry of an order of approval of
     change of name, all of the following shall apply:
            (1)  The court must forward to the Pennsylvania State
        Police a duplicate copy of the application for change of name
        and a set of the person's fingerprints. The person applying
        for the change of name is responsible for costs under this
        paragraph.
            (2)  The Pennsylvania State Police shall use the
        fingerprints to determine if the person is subject to 18
        Pa.C.S. Ch. 91 (relating to criminal history record
        information).
            (3)  The Pennsylvania State Police shall:
                (i)  if the person is subject to 18 Pa.C.S. Ch. 91,
            note the name change on the person's criminal history
            record information; or
                (ii)  if the person is not subject to 18 Pa.C.S. Ch.
            91, destroy the fingerprints.
            (4)  Within 60 days of receipt of the material under
        paragraph (1), the Pennsylvania State Police shall certify to
        the court what action has been taken under paragraph (3).
            (5)  The procedure in this subsection shall not apply to
        proceedings involving:
                (i)  An election to resume a prior surname pursuant
            to section 704 (relating to divorced person may resume
            prior name).
                (ii)  Name changes involving minor children in
            adoption proceedings [pursuant to 23 Pa.C.S. § 2904
            (relating to name of adoptee)].
                (iii)  A name change involving a minor child whose
            name is being changed pursuant to section 703 (relating
            to effect on children) or because of the change of name
            of the child's parent.
        * * *
        Section 3.  Section 6 of the act of December 16, 1982
     (P.L.1309, No.295), entitled "An act amending Title 54 (Names)
     of the Pennsylvania Consolidated Statutes, adding revised,
     codified and compiled provisions relating to names and marks and
     making conforming and related amendments to Titles 15
     (Corporations and Unincorporated Associations) and 18 (Crimes
     and Offenses) and separately enacting certain related provisions
     of law," is repealed.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 30th day of November, A. D. 2004.

     EDWARD G. RENDELL