to change his or her name. The petition must be filed by an adult
on the childs behalf.

The process for changing the legal name of a child is more complex than the process for
changing an adult's name. In addition to requiring that there be a sufficient reason for the change
and that the change be consistent with the public interest, the court must also either have the
consent of the legal parents, or find that there is good cause to go forward without the consent of
both parents. The court will also consider the desires of a child old enough to express an
opinion. If any objection has been raised, the court must additionally find that the name change
would be in the best interests of the child before any change is granted.

Before beginning this process, you should consider the following:

First, why is the change being sought? A name change is not an adoption. It does not change
any of the legal rights or responsibilities between a parent and a child. It will not give any new
rights to a stepparent. The name change cannot be used to avoid debts or disrupt the bond
between one parent and the child.

Second, will it be worth the expense and time involved? A person can use any name for most
purposes, although the persons legal name will need to be used for official business. The child
can then decide after turning eighteen whether to seek a legal change.

Third, do you have legal authority to seek the name change? It is rare for the court to allow
someone other than a parent to seek a name change on behalf of a child. Both parents usually
need to agree to the change. If one parent objects to the proposed change, unless the other parent
has really good reasons and the court finds the change to be in the childs best interest, no name
change would be allowed.

Fourth, if all you want to do is correct a minor error on the childs birth certificate (such as the
misspelling of the childs first name), you can file an Affidavit For Correction Of A Record
(form VS-608) with the Alaska Bureau of Vital Statistics instead of using the court change of
name procedure. The VS-608 form can also be used to add a first name if none was given at
birth. The VS-608 correction procedure can be used only to make a record more accurate and
complete.
2
It cannot be used to make discretionary changes in first or middle names or any
changes in the last name. If you were born in another state, you might want to check with the
vital statistics office in that state to see if a similar process is available.

If you do not have the consent of both parents to this change, it may be helpful to talk with an
attorney.

1
A child is a person under age 18 who has not been legally emancipated.
2
Attorney Generals Opinion in file #J-66-283-80, April 15, 1980.
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How to File

1.
Fill out the following forms:



Print or type the information, using black ink.


a.
Petition to Change Child's Name (CIV-694).



On the "AT" line at the top of the form, write the city where the court is located.


On the "A Minor Child" line, write the current legal name of the child.


On the "Petitioner" line, write your current legal name.

Leave the "CASE NO." line blank.

Fill in the rest of the blanks and check the appropriate boxes. Attach any
documents the instructions on the form require.

You must sign the form in front of a notary public and swear (or affirm) that all
statements in it are true. A court clerk can provide this notary service for you (at
no charge) when you bring the Petition to court. You must bring a photo ID with
you for the notarization.

b.
Parental Consent (CIV-695).

Fill out the form, and have the other parent sign it in front of a notary public (or
court clerk). The other parent will need to bring a photo ID for the notarization.

If the other parent refuses to sign the consent or cannot be located, see section 8
below.

c.
Application or Report of Change of Name (VS-405).

Fill in items 1though 8b. Sign and date the form where it asks for applicants
signature and date. The court clerk will fill in items 9 through 12, and sign and
date the bottom of the form.

2.
Make a copy of the Petition and Consent for yourself.

3.
File the originals of all three forms at the nearest superior court filing location (see list on
page 6) and pay the $150 filing fee. If you cannot afford this fee, ask the clerk for form
TF-920, Request for Exemption from Payment of Fees.

4.
Order for Hearing. The court clerk will then give or mail to you an Order For Hearing,
Publication and Posting (CIV-701). This order will tell you (1) the date of your court
hearing, (2) which newspaper you must use to publish notice, and (3) whether or not you
must post the notice in addition to publishing it. The hearing date will be at least 40 days
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If you did not file a Parental Consent form from the other parent (or a copy of that
parent's death certificate), you will also need to get a Summons from the clerk and have it
served on the other parent as explained in section 8 below.

5.
Publication of Notice. Take the Order to the newspaper listed in it right away, and tell
the newspaper personnel that you need to publish the "Notice of Petition to Change
Name" (at the bottom of the Order) in the legal notices section of their newspaper once
each week for four consecutive weeks before the date of the court hearing. You will have
to pay the newspaper for this service. Do not delay in doing this. All four publications of
the notice must be completed before the court hearing.

6.
Affidavit of Publication. After the notice has been published all four times, the
newspaper will give you an "Affidavit of Publication" which will contain a copy of the
published notice and the dates when it was published. File this affidavit with the court
before the court hearing.

7.
Posting. If the Order requires you to post the notice, you must make copies of the notice
and post it in the places listed in the Order for the number of days stated in the Order.
After posting is completed, fill out an Affidavit of Posting (court form CIV-702). Note:
The Affidavit must be signed under oath or affirmation in front of a notary public by the
person who did the posting. A court clerk can provide this notary service for you. File the
original Affidavit with the court before the court hearing.

8.
Serve a Summons on the Other Parent. You can skip this section if you are the child's
parent and you filed the other parent's Parental Consent form with your Petition.


If you did not file a Parental Consent form from the other parent (or a copy of that
parent's death certificate), you will need to get a Summons from the clerk and have it and
some other documents served on the other parent. The documents you will need to serve
are:

a.
Summons - Child's Change of Name (CIV-697)

b.
a copy of your filled-out and signed Petition to Change Child's Name (CIV-694)
c.
a
blank
Parental Consent form (CIV-695), and
d.
a
blank
Objection to Name Change form (CIV-696).


The clerk will fill out the Summons form and sign it. You must have it and the other
documents served on the other parent at least 30 days before the date set for the hearing.
You can have these documents served either (1) by a process server, or (2) by certified
mail with restricted delivery. See the booklet "How to Serve a Summons in a Civil
Lawsuit" (CIV-106) for instructions on both these methods.


If you cannot locate the other parent, see section 3 of the above CIV-106 booklet (pages
6-7) about "service by publication."
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Proof of Service. After the documents have been served, you must file proof with the
court that this has been done.


If you use a process server, the process server will give you a "Return of Service"
which lists the documents served, on whom and when they were served. File the
original "Return of Service" with the court. Make a copy for yourself.


If you use certified mail, give the court the original green card that you get back
from the Post Office, showing that the certified mail was delivered to the other
parent. Make a copy of it for yourself.

9.
Court Hearing. The hearing is usually short and fairly informal. The judge will first
check to make sure that proof of publication (and posting, if ordered) has been filed and
that the file contains proof that the other parent was served with the Summons and other
required documents at least 30 days before the hearing (unless a Parental Consent has
already been filed).

You must tell the judge why you want to change the child's name. If the child is old
enough, the judge may wish to ask the child about the name change. The judge will
make sure that both parents agree to the change and that everyone understands that the
name change will not change any of the legal rights or responsibilities of the parents.

If an objection to the change is made, the judge will allow you to respond to it.