N.H. R. Cir. Ct. Prob. Div. 173

As amended through December 30, 2024

Rule 173 - Name Change Actions

Jurisdiction: All name change petitions shall be filed in the Circuit Court, pursuant to RSA 547:3-i or RSA 490-D:2, X.

Petition Required: To obtain a name change, a petition must be filed unless:

1. An individual seeks to restore a former name prior to the issuance of a final decree of divorce under RSA 458; or

2. An individual seeks to change a child's name as part of an adoption proceeding.

Proper Filing: A properly filed name change request includes:

1. For name change of an adult:

a. A Petition for Change of Name, with filing fee; and

b. A copy of a valid photograph identification showing petitioner's current name and current address as stated in the petition. If the address is not current, another document must be filed showing petitioner's current New Hampshire address to establish jurisdiction.

2. For name change of a minor:

a. A Petition for Change of Name, with filing fee;

b. A copy of child's birth certificate; and

c. A signed consent form, if the parent/guardian is in agreement with the name change.

Notice: Notice of a petition for change of name is not required except as set forth below:

1. If the petition seeks to change the name of a minor, and the non-petitioning parent/guardian has not consented in writing, and rights have not been terminated, petitioner shall provide notice to the non-consenting parent/guardian by certified mail, return receipt requested or by sheriff's service.

2. If the petition seeks to change the name of a person who is incarcerated or who is on probation or parole, petitioner must have the sheriff's department serve a copy of the petition on the department of corrections.

3. If the petition seeks to change the name of a person who is required to register as a sexual offender or an offender against children pursuant to RSA 651-B, and who is no longer subject to supervision by the department of corrections, petitioner must have the sheriff's department serve a copy of the petition on the department of safety.

Hearing: The petition may be ruled upon by the court without hearing unless the court determines a hearing is necessary.

N.H. R. Cir. Ct. Prob. Div. 173

Adopted effective 9/30/2019; amended effective 1/1/2020.