Texas Name Change Petition

Introduction

Key Things to Know

1. 1

   A name change petition is the court document an adult files to legally change their own name; in Texas the district court must order the change when it is in your interest or benefit and in the interest of the public, and the judge's order makes the new name legal.

2. 2

   An adult files the petition in the county of their place of residence, where the district court hears the name change (Texas Family Code Section 45.101).

3. 3

   Texas does not require newspaper publication. In its place, your verified petition must include a sworn criminal-history statement and a legible, complete set of your fingerprints on a card acceptable to the Department of Public Safety and the FBI (Texas Family Code Section 45.102).

4. 4

   The petition must state your present name and residence, the full name you are requesting, and the reason for the change (Texas Family Code Section 45.102).

5. 5

   The court shall order the change if it is in your interest or to your benefit and in the interest of the public (Texas Family Code Section 45.103).

6. 6

   If you have a felony conviction, the court may grant the change only if two years have passed since you completed your sentence, probation, or parole, or you were pardoned, or you are changing to your primary criminal-history name; a sex-offender registrant must also show proof of notice to local law enforcement (Texas Family Code Section 45.103).

7. 7

   After the judge signs the order, order certified copies from the clerk to update Social Security, your Texas driver license or ID, your passport, and other records. The filing fee is set by the court and a Statement of Inability to Afford Payment of Court Costs is available.

Texas Requirements for Name Change Petition

• District Court in Your County of Residence

  An adult files a Texas name change in the county of the adult's place of residence, where the district court, the trial court of general jurisdiction, hears the petition (Texas Family Code Section 45.101). In some counties a statutory county court exercises this jurisdiction; confirm with the district clerk which court hears name changes in your county.

• County of Residence Venue

  You file in the county of your place of residence (Texas Family Code Section 45.101). A participant in the state Address Confidentiality Program is not required to provide the residence address or the stated reason in the petition (Texas Family Code Section 45.102).

• Fingerprints and Criminal-History Statement

  Instead of newspaper publication, Texas requires your verified petition to include a sworn criminal-history statement and a legible, complete set of your fingerprints on a card in a format acceptable to the Department of Public Safety and the FBI (Texas Family Code Section 45.102). This screening is a defining feature of the Texas process.

• No Newspaper Publication

  Texas Family Code Chapter 45 does not require an adult to publish notice of a name change in a newspaper. The fingerprint and criminal-history requirements take the place of the published notice that many other states use.

• Present Name, Proposed Name, and Reason

  The verified petition must state your present name and place of residence, the full name you are requesting, and the reason the change is requested (Texas Family Code Section 45.102). The court changes the name from your present name to the requested name in its order.

• Interest of the Petitioner and the Public

  The court shall order the change of name if the change is in the interest or to the benefit of the petitioner and in the interest of the public (Texas Family Code Section 45.103). For most adults with a lawful reason and a clean record, this standard is met.

• Felony and Sex-Offender Conditions

  If you have a felony conviction, the court may order the change only if the general standard is met and either two years have passed since you completed your sentence, probation, or parole, or you were pardoned, or you are changing to your primary criminal-history name. A sex-offender registrant must also provide proof of notice to the local law enforcement authority (Texas Family Code Section 45.103).

• Certified Copies After the Order

  After the judge signs the order, order certified copies from the district clerk and use them to update Social Security, your Texas driver license or ID, your passport, and other records. The filing fee is set by the court and a Statement of Inability to Afford Payment of Court Costs is available if you cannot afford it.