NAME CHANGE GUIDE MINOR ONLY Minnesota Statute §259.10 states no minor child's name may be changed without both parents having notice of the pending application of change of name. You will be required to show proof that the non-applicant parent(s) has been notified of the Application for Name Change of a Minor. Please read this entire guide before you go any further. Remember that this is only a guide and not an all-inclusive document. If you have further questions you may need to consult with an attorney before going further. The filing fee is not refundable if you change your mind. WHAT AN APPLICANT MUST DO TO FILE FOR A CHANGE OF A MINOR'S NAME: The applicant must file in the county where the minor resides The minor must have resided in the State of Minnesota for at least six months and the APPLICANT (the parent or legal guardian) must: o Be at least 18 years of age to proceed on behalf of the minor; o Be the minor's guardian or next of kin; The minor must be present at the hearing Pay the civil filing fee and certified copy fee or proceed in forma pauperis. (Fee Schedule) At the hearing you must bring two adult witnesses who have known the minor for one year or longer. If both parents come to the hearing, you only need to bring one other witness. Your witnesses may be relatives. If the minor owns a home or other real estate, you need to have the legal description when you file your documents. PARENTAL NOTICE OF NAME CHANGE OF A MINOR: Minnesota Statute §259.10 states that no minor child's name may be changed without both parents having notice of the pending application of change of name. The applicant must show proof that the non-applicant parent(s) has received notification of the Application for Name Change of a Minor. If the non-applicant parent is not listed on the birth certificate and there is no order assigning parenthood, bring a certified copy of the birth certificate to the court hearing to show the judge that the non-applicant parent's name does not appear on the birth certificate. If the address of the non-applicant parent is known, once you have a hearing date, send a certified letter (return receipt requested) to the parent indicating the date, time, place, and purpose of the hearing. You should bring the return receipt card signed by the non-applicant parent to the court hearing with a copy of the letter as proof to the judge that the non-applicant parent received notice of the name change proceedings. If the non-applicant parent does not sign the return receipt card, notification must be done by alternative means (for example, personal service, publication) before you can proceed with the hearing. If you do not know the address of the non-applicant parent(s), you should bring to court a signed, notarized affidavit indicating your last contact with the parent, information indicating that you are unaware of the whereabouts of the parent, and what efforts you have made to contact the non-applicant parent. If so ordered by a judge, you may be required to give service by alternative means or to publish a Notice of Hearing by Publication (Minor Name Change) in a designated newspaper at your own expense. (It is the applicant's responsibility to arrange publication and file the Affidavit of Publication with the Court Administrator's office prior to the scheduled hearing date.) Last Revised 9-26-14 American LegalNet, Inc. www.FormsWorkFlow.com CRIMINAL RECORD CHECK (Minnesota Statute 259.11) Minn. Stat. § 259.11 requires the Court to determine whether any person seeking to have their name changed has a criminal history in Minnesota or any other state. The court may conduct a search of national records through the Federal Bureau of Investigation by submitting a set of fingerprints and the required fee to the Bureau of Criminal Apprehension. To comply, you must complete a Criminal History Check Release form for each party covered by the application. If you are changing the name of a minor who is 14 years of age or older, both the minor and the parent must sign the release form. A criminal history check will be made on all persons listed on the application. If the applicant has a criminal history, both the person whose name is changed and the Court shall report the change within 10 days of receiving a copy of the order by mailing a copy of the order granting the name change to: Attention: Team A Bureau of Criminal Apprehension 1430 Maryland Avenue East St. Paul, MN 55106 Note: Any information placed in name change file will be accessible to the public, unless the court determines that the name change is made in connection with participation in a victim or witness protection program. You will need to prove to the Court by clear and convincing evidence that your application for name change is not based on the intent to defraud, is made in good faith, will not cause injury to a person and will not compromise public safety. Absent this evidence, your name change will not be granted. For criminal history in Hennepin County: Hennepin County Attorney's Office C-2100 Government Center 300 South Sixth Street Minneapolis, MN 55487 For criminal history in Ramsey County: Director, Prosecution Division Ramsey County Attorney's Office 50 West Kellogg Blvd., Suite 315 St Paul, MN 55102 FORMS THAT ARE REQUIRED TO OPEN A CHANGE OF NAME Application for name change Order granting name change Request for Copy form (not required but highly encouraged) If there is a criminal history, proof of service of Application of Name Change on the prosecuting authority and/or Attorney General You may bring your forms here to fill in using a sample we will provide. The forms should be typed or legibly written using black ink. Be sure the "For a change of name to" name(s) appear exactly, do not use initials, unless that is the way you want the name changed. The Civil Intake Department cannot fill out your forms for you. Do not sign the application. Your signature must be witnessed and notarized by a court clerk or a notary. If the minor is 14 years of age or older, he/she needs to sign the application (his/her signature does not need to be notarized). If the minor owns a home or other real estate, you need the legal description of the property. (This is not the address.) You can find the legal description on the deed, contract for deed or mortgage or on the 5th floor of the Administrative Tower of the Hennepin County Government Center or call 612-348-3011. Bring your forms to the Civil Intake counter on