Title 19, Chapter 12, Section 1
( 19-12-1)
(a) Any person desirous of changing his name or the name or names of
his minor child or children may present a petition to the superior
court of the county of his residence, setting forth fully and
particularly the reasons why the change is asked, which petition
shall be verified by the petitioner. (b) Within seven days of the filing of the petition, the petitioner
shall cause a notice of the filing, signed by him, to be published
in the official legal organ of the county once a week for four
weeks. The notice shall contain therein the name of the petitioner,
the name of the person whose name is to be changed if different from
that of the petitioner, the new name desired, the court in which the
petition is pending, the date on which the petition was filed, and
the right of any interested or affected party to appear and file
objections. (c) If the petition seeks to change the name of a minor child, the
written consent of his parent or parents if they are living and have
not abandoned the child, or the written consent of the child's
guardian if both parents are dead or have abandoned the child, shall
be filed with the petition, except that the written consent of a
parent shall not be required if the parent has not contributed to
the support of the child for a continuous period of five years or
more immediately preceding the filing of the petition. (d) In all cases, before a minor child's name may be changed, the
parent or parents of the child shall be served with a copy of the
petition. If the parent or parents reside within this state, service
of the petition shall be made in person, except that if the location
or address of the parent is unknown, service of the petition on the
parent shall be made by publication as provided in this Code
section. If the parent or parents reside outside this state, service
of the petition on the parent or parents residing outside this state
shall be made by certified mail or statutory overnight delivery if
the address is known or by publication as provided in this Code
section if the address is not known. (e) Where a child resides with persons other than his parent or
parents, a copy of the petition shall be served upon the person
acting as guardian of the child in the same manner as service would
be made on a parent. (f) Upon the expiration of: (1) Thirty days from the filing of the petition if the person
whose name to be changed is an adult; (2) Thirty days from the date of service upon the parent, parents,
or guardian of a minor whose name is to be changed if the parent,
parents, or guardian reside within this state; or (3) Sixty days from the date of service upon the parent, parents,
or guardian of a minor whose name is to be changed if either the
parent, parents, or guardian reside outside the state and the
petition is served by mail, and after proof to the court of publication of the notice as required in this Code section is made, if no objection is filed, the court shall proceed at chambers at such date as the court shall fix to hear and determine all matters raised by the petition and to render final judgment or decree thereon. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77, relating to fees of clerks of the superior courts for civil cases. |