(a)Petition. Every action for change of name shall be commenced by filing a verified petition entitled in the name of petitioner, showing the name which petitioner desires to adopt and setting forth the reasons for requesting a change of name.(b)Notice of Application. The court by order shall set a date for hearing not less than 40 days after the date of the order. Unless otherwise ordered by the court based on the petitioner's personal safety concerns, notice of the filing of the petition with a statement of the relief sought therein and the date of hearing thereon shall be continuously posted for four consecutive weeks prior to the date of the hearing on the Alaska Court System's legal notice website. Proof of posting to the legal notice website shall be made as prescribed in Rule 4(e)(6)(A). In its discretion, the court by order may also require the posting or publication of the notice as prescribed in Rule 4(e)(3). Proof of publication shall be made as prescribed in Rule 4(e)(6)(B), (C) or (E).(c)Judgment -- Notice -- Filing. If satisfied that there is no reasonable objection to the assumption of another name by petitioner, the court shall by judgment authorize petitioner to assume such other name after a time to be fixed in the judgment, which shall not be less than 30 days after the date shown in the clerk's certificate of distribution on the judgment. Except in cases where notice is not required under subsection (b), within 10 days after the date shown in the clerk's certificate of distribution on the judgment, a copy thereof shall be posted on the Alaska Court System's legal notice website for one week. Proof of posting to the legal notice website shall be made as prescribed in Rule 4(e)(6)(A). The court may also require publication of a copy of the judgment as provided in subdivision (b). Within 20 days after the date shown in the clerk's certificate of distribution on the judgment, proof of publication shall be filed with the clerk. The petitioner may then submit a certificate to be issued by the clerk stating that the judgment has been entered and that all requirements for posting a copy of the judgment have been met.
(d)Applicability. This rule shall not apply to restoration of a prior name sought in a complaint for divorce or in a petition for dissolution of marriage.(e)Change of Name for Minor Child. An action for change of name for a minor child will be commenced by the filing of a verified petition in the name of a parent or guardian on behalf of the minor child, showing the name which the petitioner desires the child to assume and setting forth the reasons for requesting the change of name. No petition will be heard unless written consent to the petition is filed by both the child's legal parents and the child's legal guardian (if any), or unless proof of service is filed with the court showing that the child's parent(s) and legal guardian(s) have been served with a summons and a copy of the petition at least 30 days prior to the date set for hearing. Service of the petition and summons will be in accord with the provisions of these rules applicable to the service of a complaint and summons. The summons must advise the recipient of the date set for hearing on the petition. If the court receives an objection to the proposed name change presented by a parent and/or legal guardian of the child prior to or at the time of the hearing on the proposed name change, the court shall consider the objection and shall only grant the name change if the court finds the name change to be in the best interest of the child. The court shall also consider the desires of a child old enough to express the same in determining whether a requested name change will be granted.
The requirements of (b) and (c) of this rule apply to a change of name proceeding brought under this section.
Amended by SCO 49 effective January 1, 1963; by SCO 56 effective November 1, 1963; by SCO 2522 effective September 22, 1976; by SCO 542 effective October 1, 1982; by SCO 554 effective April 4, 1983; by SCO 624 effective June 15, 1985; by SCO 671 effective June 15, 1986; by SCO 999 effective January 15, 1990; by SCO 1772 effective February 23, 2012; by SCO 1834 effective October 15, 2014; and by SCO 1990 effective January 1, 2023.Chapter 44, SLA 2022 (HB 325) enacted changes to name change proceedings for certain individuals. According to section 22 of the Act, provisions in sections 1 (amending AS 09.55.010) and 15 (amending AS 25.24.165) of the Act have the effect of changing Civil Rule 84, effective January 1, 2023, by establishing specific parties that must be notified and findings that must be made by the court when certain persons petition for a change of name.
Note: A petitioner may file a motion or the court may act on its own motion under Administrative Rule 37.6 to have the case and case record made confidential based on the petitioner's personal safety concerns. The petitioner or court may also request under Administrative Rule 40(b) or (c) that the presiding judge substitute pseudonyms for the petitioner's current and requested names on the public index of cases.
Note: The Alaska Court System's legal notice website, referenced in subsections (b) and (c) of this rule is found on the Alaska Court System Website at: http://www.courts.alaska.gov/.
(a) CROSS REFERENCE: AS 09.55.010