Md. R. Spec. Proc. 15-901

As amended through October 15, 2024

Rule 15-901 - Action for Change of Name

(a) Applicability. This Rule applies to actions for change of name other than in connection with an adoption, divorce, or declaration of gender identity.

(b) Venue.

(1) Change of Name of an Adult

An action for change of name of an adult shall be brought in the county where the adult resides, carries on a regular business, is employed, habitually engages in a vocation, or was born.

(2) Change of Name of a Minor

An action for change of name of a minor shall be brought by an adult petitioner on behalf of the minor in the county where the minor resides or where a parent, guardian, or custodian of the minor resides.

(c) Petition.

(1)Contents. An action for change of name shall be commenced by filing a petition captioned "In the Matter of ... [stating the name of the individual whose name is sought to be changed] "for change of name to ... [stating the change of name desired]. The petition shall be under oath and shall contain the following information:

(A) the name, address, and date and place of birth of the individual whose name is sought to be changed;

(B) a statement as to why venue is appropriate;

(C) whether the individual whose name is sought to be changed has ever been known by any other name and, if so, each name and the circumstances under which the name was used;

(D) the change of name desired;

(E) all reasons for the requested change;

(F) a certification that the petitioner is not requesting the name change for any illegal or fraudulent purpose;

(G) if the individual whose name is sought to be changed is a minor, (i) a statement explaining why the petitioner believes that the name change is in the best interest of the minor; (ii) the name and address of each parent and any guardian or custodian of the minor; (iii) whether each of those persons consents to the name change; (iv) whether the petitioner has reason to believe that any parent, guardian, or custodian is unfamiliar with the English language and, if so, the language the petitioner reasonably believes the individual can understand; (v) if the minor is at least ten years old, whether the minor consents to the name change; and (vi) if the minor is younger than ten years old, whether the minor objects to the name change; and

Committee note: If a petition filed on behalf of a minor contains confidential information pertaining to the minor, the petitioner may request that the court seal or otherwise limit inspection of a case record as provided in Rule 16-934.

(H) whether the individual whose name is sought to be changed has ever registered or been required to register as a sexual offender and, if so, each full name, including any suffix, under which the individual was registered. and each state where the registration requirement originated.

Cross reference: See Code, Criminal Procedure Article, § 11-705, which requires a registered sexual offender whose name has been changed by order of court to send written notice of the change toeach law enforcement unit where the registrant resides or habitually lives within three days after the order is entered.

(2)Documents to Be Attached to Petition. The petitioner shall attach to the petition

(A) a copy of a birth certificate or other documentary evidence from which the court can find that the current name of the individual whose name is sought to be changed is as alleged; and

(B) if the individual whose name is sought to be changed is a minor, (i) the written consent of each parent, guardian, and custodian of the minor or an explanation why the consent is not attached, and (ii) the written consent of the minor, if the minor is at least ten years old.

(d) Minors - Notice to Nonconsenting Parent, Guardian, or Custodian

(1) Generally

Upon the filing of a petition for change of name of a minor, if the written consent of each parent, guardian, and custodian of the minor was not filed pursuant to subsection (c)(2)(B) of this Rule, the clerk shall sign and issue a Notice in a form approved by the State Court Administrator that (A) includes the caption of the action, (B) describes the substance of the petition and the relief sought, and (C) states that any objection to the name change shall be filed no later than 30 days after service of the petition.

(2) Notice or Advisement in Language Other Than English

If the petition states that a nonconsenting parent, guardian, or custodian may be unfamiliar with the English language, the clerk also shall either issue the Notice in the language indicated in the petition or, if the Notice is not available in the indicated language, attach a Multilingual Advisement Form approved by the State Court Administrator to the Notice that was issued in English.

(3) Documents to Be Served

A copy of the following documents shall be served upon each nonconsenting parent, guardian, or custodian in the manner provided by Rule 2-121:

(A) the Notice,

(B) the petition,

(C) each attachment to the petition, and

(D) if the petition indicates that the individual to be served is unfamiliar with the English language, either the Notice in the indicated language or a Multilingual Advisement Form attached to the Notice.

(e) Objection to Petition. Any person may file an objection to the petition. The objection shall be supported by an affidavit that sets forth the reasons for the objection. The affidavit shall be made on personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The objection and affidavit shall be served upon the petitioner in accordance with Rule 1-321. The petitioner may file a response within 15 days after being served with the objection and affidavit. A parent, guardian, or custodian of a minor who does not file an objection within 30 days after being served in accordance with section (d) of this Rule shall be deemed to have consented to the name change of the minor.

Committee note: Nothing in this Rule is intended to abrogate the right of a person who learns of a requested name change to object to the name change where there is personal knowledge of an illegal or fraudulent purpose or harm to the rights of others.

(f) Action by Court; ; Hearing

(1) Name Change of Adult

The court may hold a hearing or may rule on a petition to change the name of an adult without a hearing and shall enter an appropriate order, except that the court shall not deny the petition without a hearing The court may not enter an order earlier than 30 days after the petition was filed.

Committee note: Although there is no publication or other required notice of a requested name change of an adult, if a person learns of a requested name change, the 30-day delay in the entry of an order after the petition is filed affords a period of time within which an objection could be filed.

(2) Name Change of Minor

The court may hold a hearing or may rule on a petition to change the name of a minor without a hearing and enter an appropriate order if (A) the written consent of the minor, if required, has been filed, and (B) each parent, guardian, and custodian (i) has filed a written consent pursuant to subsection (c)(2)(B) of this Rule, or (ii) having been served pursuant to section (d) of this Rule, did not timely file an objection. In all other cases in which a name change of a minor is requested, the court shall hold a hearing and enter an appropriate order no earlier than 30 days after all nonconsenting parents, guardians, or custodians have been served in accordance with section (d) of this Rule.

Md. R. Spec. Proc. 15-901

This Rule is derived in part from former Rules BH70 through BH75 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended April 5, 2005, eff. 7/1/2005; 6/7/2011, eff. 7/1/2011; amended September 30, 2022, eff. 1/1/2023.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order inserted subsec. (c)(1)(G); and inserted the cross reference following subsec. (c)(1).

2011 Orders

The June 7, 2011, order inserted "in which the action was pending into the first sentence of section (c)(2).

Derivation:

Maryland Rule of Procedure BH70, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to petitions for change of name, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BH71, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to venue for actions for change of name, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BH72, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended Feb. 7, 1975, eff. March 3, 1975; June 16, 1975, eff. July 1, 1975; April 6, 1984, eff. July 1, 1984, related to orders of publication, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BH73, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to affidavits, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BH74, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to certificates of publication, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BH75, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to decrees, rescinded June 5, 1996, eff. Jan. 1, 1997.