Individuals are able to change their names due to marriage, divorce, sex change, or just because. To obtain a legal name change one will either need to produce a marriage certificate or a court order signed by the judge.
Individuals are able to change their gender as well, including non-binary (X marker). A gender change can be obtained by court order as well and can be combined with a petition for name change to avoid multiple filing fees.
To obtain a court ordered name or gender change as an adult, the following requirements need to be met:
- Live in the same county for at least a year;
- Be 18 years of age or older.
An individual may be prevented from obtaining a court ordered name change if they are:
- Involved in any kind of lawsuit;
- On probation or parole;
- If you are on the sex offender registry the Court can still grant the name change, but pursuant to Utah Code Ann. § 77-41-105 (9), there are additional notice requirements that, if not met, the Court will deny the name change. Also, the Court still needs to find the name change is not contrary to the interests of the public;
- Barred as a sex offender from changing their name as described in Utah Code Ann. § 77-41-105 (9) (The Court can still grant a name change if on the registry under certain circumstances);
- Barred as a child abuser from changing their name as described in Utah Code Ann. § 77-43-105 (7) (The Court can NOT grant a name change if on the resitry);
- Attempting to avoid creditors, fines, or sentences in criminal actions;
- Intending to use the change of name to commit a crime;
- If the change of name interferes with the rights of others; or
- If the change of name is bizarre, unduly lengthy, ridiculous, or offensive to common decency and good taste (i.e. R2D2, Hashtag, etc).
To obtain a court ordered name or gender change for a minor the following requirements need to be met:
- Live in the same county for at least a year; and
- Have consent from both parents or, if one parent is requesting the name change, they must serve the other parent and the Court must find that the name change is in the child's best interest (generally granted if the other parent does not appear for the hearing and may be granted after evidence is presented to the Court even if there is an objection).
A court order for the name change of a minor may be prevented if:
- Involved in any kind of lawsuit;
- On probation or parole;
- If you are on the sex offender registry the Court can still grant the name change, but pursuant to Utah Code Ann. § 77-41-105 (9), there are additional notice requirements that, if not met, the Court will deny the name change. Also, the Court still needs to find the name change is not contrary to the interests of the public;
- Barred as a child abuser from changing their name as described in Utah Code Ann. § 77-43-105 (7) (The Court can NOT grant a name change if on the registry);
- Attempting to avoid creditors, fines, or sentences in criminal actions;
- Intending to use the change of name to commit a crime;
- If the change of name interferes with the rights of others; or
- If the change of name is bizarre, unduly lengthy, ridiculous, or offensive to common decency and good taste (i.e. R2D2, Hashtag, etc).
The court must find that the name or gender change for a minor is in the best interest of the minor. They will consider multiple facts with regards to the minor such as the minor's preference, relationship with parents, length of time the minor has had their name or has been presenting as another gender, etc. In some cases the Court may appoint a guardian ad litem to represent the minor's best interests, particularly if the minor is very young.
The process of obtaining a court ordered name change consists of obtaining a certificate from the Departments of Corrections regarding the Sex Offender and Child Abuse Registry (if over the age of 10).
Individuals will need to personally attend a hearing in front of a judge to obtain the signed court order for their name or gender change.
For more information, you can go to the court's website at:
- https://www.utcourts.gov/resources/forms/namechange/instruct.asp
- https://www.utcourts.gov/resources/forms/namechange/juvenile/instruct.as
Pricing for Name and/or Gender Changes:
- Adult Name and/or Gender Change: $900.00 Flat Fee (this includes the $375.00 filing fee paid to the Court by our office as your counsel);
- Uncontested Minor Name and/or Gender Name Change: $1000.00 Flat Fee (this includes the $375.00 filing fee);
- Contested Minor Name and/or Gender Change: $2,000.00 Retainer;
- Hearing Attendance (optional - we can withdraw prior to the hearing to save you the cost): $100.00 Flat Fee for remote attendance, $200.00 for in person attendance in Salt Lake County, and billed hourly if outside of Salt Lake County ($275/hr);
- We also offer family name changes, which allows us to only file one Petition (saving on filing fees). We charge an additional $200.00 for each additional person added to the Petition.
Please contact our office for a consultation today. Please feel free to fill out our intake form ahead of your appointment, Name and/or Gender Change Form.