Georgia Name Change Basics
Before embarking on the actual process of changing your name, it’s important to understand the legal framework that governs name changes in the State of Georgia. Under Georgia Code Section 19-12-1, any adult resident can legally change his or her name by petitioning with the Superior Court of his or her country of residence. State law does not require any person to provide a legal reason for wanting to change his or her name. Georgia Code Section 19-12-1 does, however, specifically address those who wish to avoid arrest , conceal their identity or defraud any person or financial institution. It is important to note that simply because the law does not require an applicant to justify his or her name change does not mean that judges overlook the evidence when individuals seek to change their names for a fraudulent reason. Georgia name change law also requires that parents submit a petition with the Superior Court of their county of residence in order to change their children’s names. In addition, it is unlawful for anyone to change another person’s name without following state laws and regulations regarding name changes. While most name changes are not contested by others, the law allows for individuals with standing to intervene in, or contest, any attempted name change that occurs without properly filed petitions.
Name Change Eligibility in Georgia
In Georgia, the law recognizes that individuals have the right to petition the court to change their name. However, certain requirements must be met to be eligible for a name change. Age, residency, and other circumstances may affect your application.
To be eligible to change your name in Georgia, you must be an adult. The legal age of majority in Georgia is 18 years old. Those who are under 18 years of age can still petition to change their name, but this will require additional steps such as consent from parents or legal guardians and a determination that the name change is in the minor child’s best interests.
In addition to age, you must also be a resident of the state of Georgia when you file your petition. This means that you have to have lived in Georgia for at least six months prior to filing the Petition to Change Your Name. If you file while living outside the state, your petition may not be considered. Exceptions to the residency requirement may apply if you are currently serving in military service.
When filing your name change petition in Georgia, note that there are certain situations that may affect your ability to receive approval for your name change. If your proposed name change is intended to escape the consequences of a criminal activity, the court may likely deny your request. Additionally, if you are seeking to change your name for fraudulent purposes (such as to avoid paying debts), your petition will also likely be denied.
Documents Required for a Name Change
To successfully file for a change of name in Georgia, you must include various court documents. The list below outlines the essential documents for your petition:
Original birth certificate and copy
Current photo ID (such as driver’s license or passport) and copy
Proof of residency (for example, deed or rental agreement) and copy
Signed waiver of consent by parent or other adult living in the home (if applicable for minor children)
Petition for name change and Certificate of Service
Order to change name and Notice of Publication
Notice of Publication (to be run in the newspaper) and proof of publication
Certificate of Identity and Address
You should acquire documents that do not already have copies attached. For example, when you get the petitioner’s certificate of service, you should request two copies. Similarly, you can easily request a second copy of your birth certificate through the hospital where your baby was born. The Clerk’s Office or a similar body may help you get any relevant documents through their office.
In many cases, though, you will find the best success by provided depicted petitions and documents to the Clerk of Court’s Office or Clerk of Superior Court’s Office. The Circuit Court Jerk’s Office, for example, will have an email address, phone number, and physical address available on its website. Call, email, or stop by to let someone know you have relevant petitions and documents to provide to the clerk. Once a clerk receives them, the clerk may attach copies and place a filing fee sticker on the front so you can file everything at once.
The clerk will also be able to tell you whether any other documents are required for your petition to be valid or whether some type of waiver might be necessary. Make sure you have prepared all items requested before you send them out so you won’t need to request more time to gather outstanding documents.
Petition to Change Name and Other Filings
Once you have completed the Steps Before Filing, you must then tell the Court that you want a name change. You accomplish this by filing what is called a Petition for Name Change. In order to file a Petition, you must go to the Superior Court where you live and file the appropriate Petition. If any fees are due to the Court, you have to pay them. You also need to provide an Order (this you can usually do with the help of your attorney – see the Step 5 above). Most times, Courts require publication of the notice at the Petitioners expense. However, if you can show hardship, the Court can waive that requirement.
If the Court requires you to publish a notice concerning the Petition for Name Change and you can pay the publication fee, the next step is the publication. The Clerk of Superior Court will provide you with a publication form. Once you have gone to the newspaper, a proof of publication normally needs to go the Clerk of Superior Court. Your next step is to get a certified copy of the Judge’s Order granting you your name change so that you can take the order to Social Security and get a new Social Security Card. From there, it is a procedure of going around to all appropriate government agencies and get a new driver’s license, voter registration, etc.
Hearing on Your Petition to Change Name
The hearing on your name change is usually relatively quick when done without a lot of drama, but it is no less important and you should be prepared for what happens there.
Bring everything that the clerk of court ordered you to bring. Usually this includes your current identification and a certified copy of your birth certificate or marriage license. If you do not bring these items, the judge will likely require you to postpone your hearing until you have them. The judge will ask you questions, which can vary from county to county and even from judge to judge in the same county. No two courts are ever identical. The questions may include: So please be aware that most judges will make an inquiry of you or your attorney if you are represented (unless you are appearing by phone, which is a practice permitted in some jurisdictions). After the judge is satisfied, he or she will make a finding that you are entitled to the relief you are asking for, return your papers to you with an order that the court has signed, and you just have to follow the order to have your name changed on all of your official legal documents. The most wonderful part of this process is that the judges, and clerks alike, typically are very helpful and friendly, because they see how important this is to you, and they appreciate that you are following their procedures and treating them with courtesy.
Updating Documents After Your Name Change is Complete
Once you have legally changed your name, the next step is to update your official documents with your new name. The process is fairly straightforward for many commonly held records.
Social Security Number
Your new name must be reported to the Social Security Administration. You can apply for a new Social Security card either online or in-person. Most people use the in-person option, as this is generally the faster and more secure method. You’ll need to bring with you copies of both the filed Name Change Order from your case, and the Court’s Final Judgment, along with proof of your birth date and U.S. citizenship or lawful non-citizen status. A photo I.D. is also typically required.
Driver’s Licenses / ID Cards
You may also need to update your driver’s license or identification card for identification purposes. A Georgia driver’s license can be updated in-person at a Department of Motor Vehicles location by providing information about your name change and presenting your new Social Security card. These locations can also produce a new photo ID card if you do not have a driver’s permit or license.
Passports
A new passport should be issued in your new name. Even if your legal name change was made using a court order, a change of name pursued through a court does not automatically guarantee a new name on your passport if your passport is not updated. A passport will be considered invalid and you can be refused readmission into the United States if your passport is held in a name that you no longer use or recognize.
Birth Records
A birth certificate can also be amended in order to show your new name. A birth certificate amendment may be prepared on your behalf by the Clerk’s Office of Court. In this case , the Clerk’s Office will send the birth certificate amendment to the Georgia Department of Public Health’s Office of Vital Records, which then issues an amended birth certificate on request. Note, however, that an amended birth certificate is not the same as a "new" birth certificate, as the original remains a public document. It is simply an equivalent amendment in your new legal name. Note that some facilities, such as banks, social security offices, and licensing authorities accept amended birth certificates in lieu of new birth certificates. In some situations, a new birth certificate will be necessary; such as to obtain a passport, enlist in the military, and travel internationally.
Marriage and Divorce Records
Your new name will also be reported on any documentation related to your prior marriage or divorce. The married name change becomes effective upon the filing of the properly signed and notarized marital settlement agreement. Your new last name(s) as it appears on the agreement will take effect only after the Court has approved the agreement and entered the Final Judgment and Decree. These documents will then be filed with the official record-keeper of the Court in which your divorce was granted so that the newly amended decree is publicly available. Please note, however, that despite the marriage and divorce documenting your name change, this may not be sufficient to bring your names on other important documents into alignment. A new Social Security card may be necessary to update your identity documents.
Employers and Mortgage Companies
An employer may require that you report your name change to its Human Resources department, and your mortgage company may require that you provide them a copy of your newly revised mortgage closing documents, should you have refinanced your loan after your divorce.
Name Changes for Minors in Georgia
A change of name for a minor in Georgia is similar to the change of name process for adults. However, there are some additional requirements because a minor is involved. For minors, parental consent is required for the name change. If the other parent is not involved in the minor’s life (is deceased, is unknown, has abandoned the minor, etc.), an affidavit should be included in the court filing indicating the reason why the other parent is not consenting to the name change. In cases of joint legal custody, there must be an affidavit from the non-petitioning parent that states he or she does not object to the name change. In Georgia, both parents have joint legal custody of a child if the parents were married to each other and the child is born of their marriage. That means decisions about the child’s well-being and upbringing, health and education, and the child’s name require mutual consent. However, either parent can be granted sole physical custody of the child. A parent with sole physical custody is not automatically awarded legal custody unless an agreement between the parents states otherwise. When parents are divorced and they sign a binding agreement for joint legal custody, they both retain legal custody except when the other parent has abandoned the child, committed acts of domestic violence, failed to maintain a relationship with the child, or is in such a condition that the release of legal custody to the other parent is for the best interest of the child. (O.C.G.A. § 19-9-3(e)(1)(A).) A copy of the birth certificate must be submitted to the court with the Petition for Name Change for a minor child. A Georgia Department of Vital Statistics form obtained through the Clerk of Court’s office in the county where the child was born is then filled out and sent by the Clerk to the Department of Vital Statistics within 30 days of the date of the final order to change the name. The petition should be filed in the county where the minor resides, the parent who files the name change and/or the one who is the minor’s custodial parent. Remember that if the other parent signs an affidavit agreeing to the name change (which it is recommend that he or she do), it should be included in the petition that is filed with the court. If the other parent is deceased, it is important to clearly show why he or she could not sign the petition. Even if the other parent objects, the petition will likely be granted if there is a sufficient reason. The court is likely to make a decision with that child as the only concern. Parents seeking a name change or some other action involving a child should be familiar with Georgia laws and statutes regarding custody and child welfare laws.
Complications and Concerns
Many people miss a court date. Thankfully, in Georgia, the missed name change hearing courts are quickly reset by simple Motion and Order. Most courts then require the parties to be re-noticed of the action. Remember, for publication name change actions, you miss the hearing, you have to do everything from the beginning.
As noted previously, it is important to get fingerprints (if required) in a timely manner because it takes time for the local police to do their investigation, send their report to the Georgia Crime Information Center who checks it against the National Crime Information Center (NCIC) database. If you miss a day or two, you will not have enough time.
The next big area where people get behind is with Securities and Exchange Commission (SEC) disclosure. Most name change actions end up being filed in Federal Bankruptcy Courts, and thus the notice of name change must be provided to the SEC. You can’t miss this. This has been abused by debtors and thus the SEC is very diligent in checking name changes. Simply use certified mail "return receipt requested" and you will be fine. If you do not have proper notice, you will not get a discharge, and the bankruptcy will remain on your credit for another five years.
Answers to Name Change FAQs
What are the legal restrictions for changing your name in Georgia?
In Georgia, one can’t change their name for fraudulent purposes, such as to escape the law or reduce child support. A name change is also restricted on the basis that it may make it easier to carry out fraud. While you have a free rein on what you choose as your name otherwise, you cannot use numeric characters, symbols or punctuation. Culturally specific names may be harder to use if they don’t fit within certain computer-based systems.
How long does it take to change your name in Georgia?
It depends on the court. A name change can be granted the same day you ask. For some, it takes around 90 days. Sometimes the wait is longer than this — it just depends on the case loads of your particular court.
Why do I need a publication warning?
Publication is by far the most important step in filing for a name change in Georgia. You’re notifying the public at large that you’re changing your name, and that should someone have an issue with that change, they can take up their grievance with the court. In most cases , the judge approves the name change if there are no objections submitted during the statutory period. Ultimately, publication is about protecting the people who would be affected by your name change under the belief that it might be fraudulent.
Must I publish my name change on the internet?
No, the publication doesn’t necessarily have to be on the internet. The law is clear about what the sentence in the newspaper must say. After this has been published, it should be possible for you to make a request to the judge for an order formally changing your name. You can then get a certified copy of your name change, which is the official record you should keep with any of your personal or legal documents.
Can I change the name of my child in Georgia?
Either parent can change their child’s name in Georgia, in most cases. There are exceptions to the rule: if the parent has been afforded limited visitation and they are not current on child support, for instance, they’re not going to be able to change the name. In addition, the new name must be that of both biological parents.