An Act Concerning Name Changes for Minors”
Maine Legislature, Session 129, LD 2034
Committee Amendment CA_A_H813 (House)
Amends: 18-C MRSA §1

COMMITTEE AMENDMENT “      ” to H.P. 1444, L.D. 2034, Bill, “An Act 
Concerning Name Changes for Minors”
Amend the bill in section 1 by striking out all of the first 2 lines (page 1, lines 2 and 3 
in L.D.) 
'Sec. 1.  18-C MRSA §1-701, as affected by PL 2019, c. 417, Pt. B, §14 and 
amended by c. 629, §1, is further amended to read:' 
Amend the bill in section 1 in §1-701 in subsection 1 by inserting at the end a new 
blocked paragraph to read:
'For purposes of this section, "guardian" means a person appointed by a court to make 
decisions with respect to the personal affairs of an individual.  "Guardian" includes a 
coguardian and a permanency guardian appointed under Title 22, section 4038-C but does 
not include a guardian ad litem.' 
Amend the bill in section 1 in §1-701 by striking out all of subsection 2 and inserting 
the following:
'2.  Notice and name change; adults.  Upon receipt of a petition filed under 
subsection 1, paragraph A, the judge court, after due notice, may change the name of the 
person who is an adult.  To protect the person's safety of the person for whom the name 
change is sought, the judge court may limit the notice required if the person shows by a 
preponderance of the evidence that:
B.  The person is currently in reasonable fear of the person's safety.' 
Amend the bill in section 1 in §1-701 by striking out all of subsections 2-A and 2-B 
(page 1, lines 36 to 40 and page 2, lines 1 to 24 in L.D.) and inserting the following:
'2-A.  Notice and name change; minors.  A parent or guardian who has filed a 
petition under subsection 1, paragraph B or has requested a name change in a District 
Court proceeding under subsection 1, paragraph C shall provide notice pursuant to the 
applicable rules of procedure to any other parent, any guardian and any person or agency 
with legal custody of the minor; to the guardian ad litem if one is currently appointed; and 
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1444, L.D. 2034
COMMITTEE AMENDMENT
to the minor if the minor is 14 years of age or older, but does not need to publish notice of 
the minor's name change unless the court orders that notice of the name change of the 
minor be published due to the specific circumstances of the case.  To protect the safety of 
the minor for whom the name change is sought, the court may limit notice required if the 
parent who has sole parental rights and responsibilities shows by a preponderance of the 
evidence that:
A.  The minor is a victim of abuse; or
B.  The minor or petitioner is currently in reasonable fear of the minor's or petitioner's 
safety.
2-B.  Evaluation of minor's name change.  Upon proof of service of the notice 
required under subsection 2-A and after providing an opportunity for those entitled to 
notice to respond to the petition:
A.  The court shall change a minor's name by agreement of all parties, which a party 
may indicate by signing a waiver; or
B.  In the event that all parties do not agree to the name change, the court shall 
consider the following factors to assess whether the request or petition is in the best 
interest of the minor:
(1)  The minor's expressed preference, if the minor is of sufficient age and 
maturity to articulate a basis for preferring a particular name;
(2)  If the minor is 14 years of age or older, whether the minor consents or objects 
to the name change petition;
(3)  The extent to which the minor uses a particular name;
(4)  Whether the minor's name is different from any of the minor's siblings and 
the degree to which the minor associates and identifies with siblings on any side 
of the minor's family;
(5)  The difficulties, harassment or embarrassment that the minor may experience 
by bearing the current or proposed name; and
(6)  Any other factor the court considers relevant to the minor's best interests, 
including the factors outlined in Title 19-A, section 1653, subsection 3.
If the court finds that the name change is in the best interest of the minor by a 
preponderance of the evidence, the court shall change the minor's name.' 
Amend the bill in section 1 in §1-701 in subsection 3 in the last line (page 2, line 27 
in L.D.) by striking out the following: "seal the record of the name change" and inserting 
the following: 'seal make the record of the name change confidential or not public'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment makes the following changes to the bill.
COMMITTEE AMENDMENT “      ” to H.P. 1444, L.D. 2034
COMMITTEE AMENDMENT
1.  It defines "guardian" to mean a person appointed by the court to make decisions 
with respect to the personal affairs of an individual.  "Guardian" includes a coguardian 
and a permanency guardian appointed pursuant to the Maine Revised Statutes, Title 22, 
section 4038-C, but "guardian" does not include a guardian ad litem.
2.  It allows a probate judge to limit the notice requirement for a name change for an 
adult who shows by a preponderance of the evidence that the adult seeking the name 
change is in reasonable fear of the adult's safety.
3.  It specifies that a parent or guardian who has filed a petition for a minor's name 
change must provide notice to a guardian ad litem, if one is appointed.
4.  It specifies that a parent or guardian does not have to publish notice of a minor's 
name change unless the court orders that notice be published.
5.  It clarifies the factors a court must consider to assess whether a request or petition 
for a name change is in the best interests of the minor.
6.  It authorizes the court to make the record of a name change confidential or not 
public if the court limited the notice required for the name change.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/06/20
LD 2034
LR 3132(02)
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time.  
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts.
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
An Act Concerning Name Changes for Minors
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
LR3132(02) - Fiscal Note - Page 1 of 1