How to Change a Child’s Name in Illinois

When and why parents change a child’s name

Changing a minor child’s legal name in Illinois is handled under the change-of-name provisions of the Code of Civil Procedure (735 ILCS 5/Article XXI). A parent or guardian files a petition for change of name in the circuit court of the county where the child lives, and a judge decides whether the change should be granted.

Parents seek a name change for a child for many reasons — to give the child the surname of the parent who has primary day-to-day care, to match a child’s name to that of a step-parent or sibling group, to correct a name that was recorded incorrectly at birth, or to reflect the child’s own identity. Whatever the reason, the court’s decision turns on one question: is the change in the child’s best interest?

The best-interest-of-the-child standard

A judge will only change a minor child’s name if doing so is in the child’s best interest. There is no fixed checklist in the statute, but Illinois courts commonly weigh factors such as:

• The wishes of the child’s parents and the reasons each parent gives for or against the change.
• The child’s own preference, where the child is old enough to express one.
• How long the child has used the current name and how closely the child identifies with it.
• The effect a change (or refusal to change) would have on the child’s relationship with each parent.
• Whether the change would cause embarrassment, confusion, or harm to the child.

You should be ready to explain to the judge, in plain terms, why the new name serves your child rather than simply your own preference.

The residency requirement

Under 735 ILCS 5/21-101, a change of name is available to a person who has resided in Illinois before filing. Recent amendments shortened that period: for petitions on or after March 1, 2025 (P.A. 103-1063), the person must have resided in this State for 3 months at the time of the name change hearing; under the prior version the requirement was 6 months. The petition is filed in the circuit court of the county where the child resides.

Notice to the other parent

Illinois requires that both of the child’s parents receive notice of a petition to change the child’s name, so each has the opportunity to object before the judge rules. Notice is typically given by:

• Written consent — the other parent signs a consent or waiver before a notary, which removes the need for further notice to that parent.
• Certified mail — sent with return receipt requested to the other parent’s address.
• Sheriff or personal service — the other parent is served in person.
• Publication — used only when the other parent’s whereabouts are genuinely unknown (see the next section).

Notice is generally not required to a parent whose parental rights have been terminated.

The publication requirement — and its safety exceptions

When you cannot locate the other parent to serve them, Illinois allows notice by publication in a newspaper. The notice of the court date must run once a week for three consecutive weeks, with the first publication at least six weeks before the court date. This is how the law gives an absent parent a fair chance to learn of the case and respond.

Publication can be a problem when it would expose a child or parent to danger — for example, where there is domestic violence or a history of abuse. For that reason, Illinois lets a petitioner ask the court to waive notice and publication. Using the Motion to Waive Notice & Publication, a petitioner can ask the judge to allow the name change without notifying the other parent or publishing the request when notice would put the child at risk of:

• Physical harm.
• Discrimination, harassment, bullying, or threats of violence.
• Other safety concerns, including where the child is protected by an existing order of protection or related court conditions.

The process and the hearing

The steps to change a child’s name in Illinois generally are:

1. Complete the name change forms — the Illinois Courts publish standardized name change forms for a minor, including the request (petition) and supporting documents.
2. File in circuit court — file the petition in the circuit court of the county where the child resides and pay the filing fee (or apply for a waiver).
3. Give notice — notify the other parent by consent, certified mail, or personal service; or, if their location is unknown, by publication. If safety is a concern, file the Motion to Waive Notice & Publication.
4. Attend the hearing — appear before the judge (in person or, in some counties, remotely), bring certified copies of your documents and the child’s birth certificate, and testify to the child’s current name, the proposed name, and why the change is in the child’s best interest.
5. Receive the order — if the judge grants the petition, you receive a court order changing the child’s name, which you use to update the birth certificate, Social Security records, school records, and other documents.

Costs, timeline, and practical tips

Filing fees for a name change vary by county, and publication (when required) carries a separate newspaper charge. If you cannot afford the fees, you can apply for a fee waiver (Application for Waiver of Court Fees). The overall timeline depends on how notice is given: when publication is required, the six-weeks-before-the-court-date rule and the three-week run mean the case will take longer than one where the other parent simply consents.

• Get the other parent’s written, notarized consent if you can — it is the fastest and least costly path.
• Use the official Illinois Courts standardized name change forms so your paperwork matches what the clerk and judge expect.
• Bring certified copies and the child’s birth certificate to the hearing.
• Be ready to explain the best-interest reasons for the change in your own words.