New York Name Change Petition
In New York an adult files a name change petition in the county court or supreme court where they live, and New York does not require newspaper publication. Attorney review available.
Introduction
A name change petition is the court document an adult files to legally change their own name, and New York dropped its newspaper-publication step through the Gender Recognition Act, so the court grants the change once satisfied there is no reasonable objection. In New York you file the petition in the county court or the supreme court in the county where you live, or, if you live in New York City, in the supreme court or any branch of the Civil Court of the City of New York (Civil Rights Law Section 60). New York does not require you to publish notice of your name change in a newspaper. When the court is satisfied the petition is true and that there is no reasonable objection to the proposed name, it makes the order authorizing the new name, which is then entered and filed with the county clerk (Civil Rights Law Section 63). New York removed the older newspaper-publication step through the Gender Recognition Act. Where an open record of the change would jeopardize your personal safety, including a risk of violence or discrimination or a history of domestic violence, the court seals the record of the proceeding (Civil Rights Law Section 64-a). After the order is entered you are known by the new name, and the order is sufficient to change your name on records of the state and its subdivisions (Civil Rights Law Section 64); you use certified copies to update Social Security, your New York driver license or ID, and other records. DocDraft builds your New York name change petition from your facts, with attorney review available before you file.
Key Things to Know
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In New York a name change petition is the court filing an adult uses to legally change their own name, and the signed order alone is enough to change your name on the records of the state and its subdivisions.
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You file the petition in the county court or the supreme court in the county where you live; if you live in New York City, you file in the supreme court or any branch of the Civil Court of the City of New York (Civil Rights Law Section 60).
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You must be a resident of New York and file in the county where you reside. Civil Rights Law Section 60 sets no fixed number of months you must have lived in the state or county before filing.
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New York does not require newspaper publication of an adult name change. When the court is satisfied the petition is true and there is no reasonable objection, it makes the order without publication (Civil Rights Law Section 63).
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Where an open record of the change would jeopardize your personal safety, including a risk of violence or discrimination or a history of domestic violence, the court seals the record of the proceeding, on your request or on its own motion (Civil Rights Law Section 64-a).
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New York does not require fingerprints or a criminal background check for an adult name change, and the court may not require any pre-hearing notice beyond the two statutory exceptions or any notice to immigration enforcement (Civil Rights Law Section 62).
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After the order is entered you are known by the new name (Civil Rights Law Section 64); order certified copies from the clerk to update Social Security, your New York driver license or ID, your passport, and other records. The filing fee is set by the court and a poor-person fee waiver is available if you cannot afford it.
Key decisions before you file
Before you file a Name Change Petition in New York, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.
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New York Requirements for Name Change Petition
An adult name change in New York is filed in the county court or the supreme court in the county where the petitioner resides. If the petitioner resides in New York City, the petition may be made to the supreme court or to any branch of the Civil Court of the City of New York in any county of the city (Civil Rights Law Section 60).
You must be a resident of New York and file in the county where you live; the petition is presented to the court for your county of residence (Civil Rights Law Section 60). New York sets no fixed durational residency period for a name change; the requirement is that you are a New York resident and file in your county.
New York does not require newspaper publication of an adult name change. When the court is satisfied the petition is true and there is no reasonable objection to the proposed name, it makes the order authorizing the new name, without publication (Civil Rights Law Section 63). New York removed the older newspaper-publication step through the Gender Recognition Act.
The petition states your present legal name and the exact new name you ask leave to assume, along with your date and place of birth and, if you were born in New York State, your birth certificate number or that none is available (Civil Rights Law Sections 60 and 63). The court authorizes you to assume the proposed name in its order.
State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. The court makes the order when satisfied the petition is true and there is no reasonable objection to the proposed name (Civil Rights Law Section 63).
New York does not require fingerprints or a criminal background check for an adult name change. The court may not require any pre-hearing notice beyond the two statutory exceptions, may never require notice to immigration enforcement, and may not require consent of any party other than the petitioner (Civil Rights Law Section 62).
New York lets the court grant the change on the papers. When the court is satisfied, by the petition or by the affidavit and certificate presented with it, that the petition is true and there is no reasonable objection, it makes the order authorizing the new name (Civil Rights Law Section 63). A hearing is held only if the court finds it necessary.
Where an open record of the change would jeopardize your personal safety, including a risk of violence or discrimination or a history of domestic violence, the court seals the record of the proceeding, on your request or on its own motion (Civil Rights Law Section 64-a). After the order is entered you are known by the new name, and it is sufficient to change your name on records of the state and its subdivisions; order certified copies to update Social Security, your New York driver license or ID, and other records (Civil Rights Law Section 64). The filing fee is set by the court and a poor-person fee waiver is available.
Frequently Asked Questions
A name change petition is the court document an adult files in New York to legally change their own name. You state your present legal name and the new name you want, confirm you are a New York resident filing in the county where you live, give the reason, and confirm the change is not to defraud anyone or evade the law. When the court is satisfied the petition is true and there is no reasonable objection, it signs an order authorizing the new name, which then becomes your legal name (Civil Rights Law Article 6, Sections 60 through 64).
In New York you file a name change petition in the county court or the supreme court in the county where you live, or, in New York City, in the supreme court or a branch of the Civil Court of the City of New York (Civil Rights Law Section 60). You pay the filing fee or request a poor-person fee waiver. New York does not require newspaper publication, and when the court is satisfied there is no reasonable objection it makes the order (Civil Rights Law Section 63). You then use certified copies of the order to update your records.
No. New York does not require you to publish notice of an adult name change in a newspaper. The current statute lets the court make the order once it is satisfied the petition is true and there is no reasonable objection to the proposed name, with no publication step (Civil Rights Law Section 63). New York removed the older newspaper-publication requirement through the Gender Recognition Act. Separately, where an open record would jeopardize your personal safety, the court seals the record of the proceeding (Civil Rights Law Section 64-a).
An adult name change in New York is heard by the county court or the supreme court in the county where you live. If you live in New York City, you may file in the supreme court or in any branch of the Civil Court of the City of New York, in any county of the city (Civil Rights Law Section 60). Filing in the wrong county can delay your case, so file where you reside.
Yes, in the sense that you must be a resident of New York and file in the county where you reside (Civil Rights Law Section 60). The statute does not set a fixed number of months you must have lived in the state or the county before filing; the requirement is that you are a New York resident and present the petition to the court for your county of residence.
Often no. New York lets the court grant the change on the papers. When the court is satisfied, by the petition or by the affidavit and certificate presented with it, that the petition is true and there is no reasonable objection to the proposed name, it makes the order authorizing the new name (Civil Rights Law Section 63). The court may not require any pre-hearing notice beyond the two statutory exceptions (Civil Rights Law Section 62).
Yes. If the court finds that an open record of your name change would jeopardize your personal safety, based on the totality of the circumstances, it orders the record of the proceeding sealed, at your request or on its own motion (Civil Rights Law Section 64-a). The totality of the circumstances includes the risk of violence or discrimination against you, including your status as transgender or as the subject of domestic violence, and the court may not deny sealing solely because you lack specific instances or a history of threat.
Once the court signs the order, you are known by the new name, and the order is entered and the papers filed with the county clerk (Civil Rights Law Sections 63 and 64). Order several certified copies from the clerk. A New York name change order is sufficient to change your name on records issued or maintained by the state or a subdivision (Civil Rights Law Section 64). Use certified copies to update Social Security first, then your New York driver license or ID, your passport, and other accounts. Keep at least one certified copy for your records.