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.
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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
County Court or Supreme Court Where You Live
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).
Residency and Venue
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.
No Newspaper Publication Required
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.
Present Name and Proposed New Name
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.
Good Faith and No Reasonable Objection
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).
No Fingerprints and Limited Notice
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).
Order on the Papers or Hearing
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.
Sealing for Safety and Certified Copies
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.