Name Changes in Illinois: A Guide for Adult and Minor Children’s Name Changes

 Posted on July 03, 2025 in Family Law

Changing your name or your child’s name in Illinois is a meaningful step, often tied to personal milestones like marriage, divorce, adoption, or identity affirmation. While the process involves specific legal steps, understanding the requirements and procedures can make it manageable. This blog outlines the process for changing an adult’s name and a minor’s name in Illinois, with a focus on the key steps and considerations, so you can approach the process with confidence.

Changing Your Name as an Adult in Illinois

To change your name as an adult in Illinois, you must meet certain eligibility criteria and follow a structured legal process. You need to be 18 or older, have resided in Illinois for at least six months, and file in the county where you live. Restrictions apply, including those stating you cannot have been convicted of a felony within the last 10 years (unless you were expressly pardoned), you cannot be a registered sex offender, and you cannot have identity theft convictions (unless expressly pardoned). The name change must also not be for fraudulent purposes, such as avoiding debts, or infringe on someone else’s rights, like using a celebrity’s name.

The process starts by filing the appropriate petition within the circuit court of your county, wherein you make your request for a name change to the judge.  In most circumstances you must publish notice, unless you can show it would endanger you (for example, in cases of domestic violence), in which case you may be able to obtain a waiver. This ensures transparency and allows objections to be made if there are concerns of fraud or misconduct.

A court hearing is scheduled, typically six to eight weeks after filing, where you’ll appear in person or via Zoom with your attorney.  Your attorney will prepare you for the court appearance at which point the judge will confirm your eligibility under oath and presumably, grant your request by signing an order for a name change.  You can use a certified copy of this order to change your driver’s license, Social Security card, birth certificate, and all other records.  

To update an Illinois birth certificate, submit a notarized Affidavit and Certificate of Correction Request, a certified copy of the court order, a government-issued ID, and a fee to the Illinois Department of Public Health. For out-of-state birth certificates, you must contact the relevant state’s vital records office.  Our attorneys can help ensure all forms are accurate and filed correctly, especially if you have a complex situation like a criminal history.

Changing a Minor’s Name in Illinois

Changing a minor’s name (under 18) involves additional steps, as Illinois courts prioritize the child’s best interests. A custodial parent or legal guardian must initiate the process, and both parents’ involvement is typically required. Here’s an overview of the requirements and process:

•  Eligibility and Filing: File a Request for Name Change (Minor) in the county where the child resides, along with a Request for Name Change – Child Information for each child and an Order for Name Change (Minor).

•  Parental Consent and Notification: Both parents must usually consent, signing and notarizing the request. If the non-custodial parent doesn’t agree, they must be notified via proper service of the court date and receive a copy of the petition.  If they object, they must file an appearance in the case and formally object to the name change.  

•  Court Hearing: The child and the petitioning party must attend a hearing, in person or via Zoom. The judge assesses if the change is in the child’s best interests, considering factors like the child’s quality of life and parental relationships.  If both parents consent to the name change, they should both appear at the court date.

Key Considerations for Success

Accuracy is critical in both processes. Incomplete or incorrect forms can delay or derail your petition, so working with an attorney to prepare the paperwork is invaluable.  For minors, the court may deny the change if it’s not in the child’s best interests, such as in high-conflict custody disputes. Legal guidance can help navigate complex cases, like non-consenting parents or safety concerns.

Contact Our Firm for Support

Changing your name or your child’s is a significant step, and our experienced family law attorneys at Nagle & Giese, P.C. are here to guide you through Illinois’ legal process. Visit www.dupagedivorcelawyers.com or call 630-407-1200 to consult with one of our skilled attorneys and ensure a smooth name change journey.