Name Change Info

NAME CHANGE INFORMATION

ADULT

As provided for in N.C.G.S. Chapter 101, an individual, for good cause shown, may change his or her name by filing an application before the Clerk of Superior Court of the county in which they reside. In order to obtain a name change, the following documents are needed:

A Notice of name change
A Petition for name change
2 Affidavits of character from people who live in the same county as you
An original/certified copy and a photocopy of your Birth Certificate
An Order and Certificate of Name Change , which needs to be completed in triplicate. There is
one pink copy, which will serve as the original, and two white copies (AOC-SP 601 form).
A fee of $40 (cash)
Wake County requires a photocopy of your Driver's License or NC ID card and a copy of your
Social Security card . An affidavit and some other proof of ID will be required if you do not have
any of those documents.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-2.html 3-3-2005

http://web.co.wake.nc.us/courts/namechanges.html
Wake County Civil Court information

NOTICE:
A name change Notice must be posted at the designated location in the courthouse in the county where the applicant resides for ten (10) consecutive calendar days before applying for a name change. (In Wake County, that is the bulletin board located next to the street level entrance to the Courthouse.) Keep a copy of the notice for your files in case the copy you post is removed or lost. Although it is not required, it is suggested that before posting the notice, you take it to the Clerk of Court's Office to obtain an official date stamp so that there will be no question as to your compliance with the ten (10) day notice period.

PETITION :
Your Petition for the name change must be signed in the presence of a Notary with their seal affixed to it. The Petition must contain:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-3.html 3-3-2005

Your true name as it appears on your birth certificate
County of birth, City and State of Birth/Country of Birth
Date of birth
Your father's full name and your mother's maiden name as it appears on your
birth certificate.
The name you wish to adopt
Your reasons for requesting the name change
Whether your name has ever been previously changed by law

The Clerk will approve your Petition for name change only if she is convinced that good and sufficient reason for the change exists. You cannot change your name to avoid creditors, avoid criminal charges or civil lawsuits.

If your name has been changed before, you will have to provide an explanation of that change in your petition. N.C.G.S. ¤101-6 provides for only one name change under this statute, however, you will be permitted to resume your former name upon compliance with the name change requirements and procedures. (Also see the section on resumption of maiden name)

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-6.html 3-3-2005

AFFIDAVITS OF CHARACTER:
The applicant must present the Clerk with two affidavits of character signed by two individuals who are not related to the applicant by blood or marriage and who are citizens of the county where the petition is being filed. Both affidavits must be notarized. The individuals who complete these affidavits for you do not have to be prominent people in the community; friends or roommates will suffice.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-4.html 3-3-2005

PROCEDURE:
After the notice of name change has been posted for ten consecutive days, remove it and take it, along with the following documents to the Special Proceedings division of The Clerk of Court's Office:

Petition for name change
Two Affidavits of character
An original/certified copy of your Birth Certificate (This can be obtained from the NC
Bureau of Vital Statistics, which charges a fee currently $10.00)

http://www.ncgov.com/asp/subpages/intention.asp?P=2&I=78

A photocopy of your Birth Certificate
3 copies of the Order and Certificate of Name Change
A fee of $40 (in cash)
Wake County requires a photocopy of your Driver's License or NC ID card and a copy of
your Social Security card . An affidavit and some other proof of ID will be required if you
do not have any of those documents.

It is advisable to take extra money with you because court fees are subject to increase without notice. (In Wake County, the Special Proceedings division is located on the twelfth (12th) floor of the Wake County Courthouse).

If all of the paperwork is in order, the Special Proceedings Clerk will sign all three copies of the order granting the name change. You will be given one certified copy which you will need to present when changing your records with the University and when obtaining a new driver's license, Social Security card, passport, green card, etc.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-5.html 3-3-2005

The Clerk will record the application and order on the docket of Special Proceedings in the Clerk's Office and forward the order to the State Registrar of Vital Statistics in your state of birth. If the applicant was born in North Carolina, the State Registrar shall note the name change on the birth certificate of that individual and notify the Register of Deeds in the county of birth. The fee for processing the court order and issuing a certified copy of the amended certificate for an individual born in North Carolina is $17.50. There will be a $5 fee for each additional certified copy you request.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-7.html 3-3-2005

INTERNATIONAL STUDENTS:
If the applicant for name change is an international student, he or she may encounter difficulties obtaining a name change. Some Clerks are hesitant to approve name changes for individuals who are not either citizens of the United States or resident aliens. Some Clerks will accept a green card or a passport and visa in lieu of a birth certificate, others will not. If the location of birth is outside the United States, there is no way for the Clerk's Office here to amend foreign birth certificate records to reflect the name change. You will have to contact the appropriate officials in your country of birth to accomplish this.

RESUMPTION OF MAIDEN NAME:

You may resume your maiden name as part of a divorce action at no additional cost. Simply include the request in your divorce complaint and divorce judgment.If you wish to resume your maiden name following a divorce, the cost is five ($10.00) dollars. You will need to take a copy of the following to the Courthouse and present them to an Assistant/Deputy Clerk.

Your certified birth certificate
A certified copy of your divorce judgment
An Application/ Notice of Resumption of Prior Name (AOC-SP-600 form)

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-12.html 3-3-2005

resumption of maiden name

http://web.co.wake.nc.us/courts/namechanges.html
Uncontested divorces/resuming maiden name

APPLICATION TO CHANGE THE NAME OF MINOR CHILDREN:
An application to change the name of a minor child may be filed by the child's parent, parents, guardian or next friend of minor child. However, a parent may not make an application for a name change on behalf of a minor child under the age of sixteen, if both parents are living, without first obtaining the consent of the other parent of the child. A minor who has reached the age of sixteen years, however, may apply to the Clerk for a name change with the consent of the custodial parent if the Clerk of Court is satisfied that the other parent has abandoned the minor child. To establish abandonment, you will need to present the Clerk with a copy of an order, from a court of competent jurisdiction, adjudicating that the minor child has been abandoned by the parent. Otherwise the Clerk of Superior Court will have to make such a determination by following the procedures set out in N.C.G.S. 101-2 or N.C.G.S. 1-273.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_101/GS_101-2.html 3-3-2005

The notice, petition, affidavits and order needed to obtain a name change in North Carolina can be prepared and processed for students by University Student Legal Services. Samples of such documents can also be obtained at the Wake County Clerk of Court's Office for a fee.

This is general information about Name Changes and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.