An Act Concerning Name Changes for Minors
Maine Legislature, Session 130, LD 0209
Committee: Judiciary
Amends: 18-C MRSA §1, 19-A MRSA §1653, 19-A MRSA §1843

Legislative Document
No. 209
H.P. 144
House of Representatives, January 27, 2021
An Act Concerning Name Changes for Minors
Reported by Representative HARNETT of Gardiner for the Family Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 19-A, section 354, subsection 2.
Received by the Clerk of the House on January 25, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §1-701, as amended by PL 2019, c. 629, §1, is further amended 
to read:
§1-701.  Petition Process to change name
1.  Petition, request; where filed.  If a person desires to have that person's name 
changed, the person may petition the judge in the county where the person resides.  If the 
person is a minor, the person's legal custodian may petition on the person's behalf.  If there 
is a proceeding involving custody or other parental rights with respect to the minor pending 
in the District Court, the petition must be filed in the District Court This section governs 
the process to change the name of a person.
A.  A person may petition to change that person's name in the Probate Court in the 
county where the person resides.
B.  A parent or guardian of a minor may petition to change a minor's name in the 
Probate Court in the county where the minor resides, unless the District Court has 
exclusive jurisdiction pursuant to Title 4, section 152, subsection 5-A, in which case 
the petition must be filed in the District Court.
C.  A parent or guardian may request to change a minor's name as part of a proceeding 
concerning parentage or other parental rights, including actions for divorce, parental 
rights and responsibilities, post-judgment motions and any other proceeding involving 
parental rights with respect to the minor, in the District Court without filing a separate 
petition if the parent or guardian asserts good cause.
D.  A minor may petition for a name change through an emancipation proceeding 
without filing a separate petition if the minor asserts good cause.
E.  A change of a minor's name may not be ordered pursuant to a protection from abuse 
order under Title 19-A, section 4007.
For purposes of this section, "parent" means a person who, with respect to the minor, has 
established parentage pursuant to Title 19-A, chapter 61 and whose parental rights have not 
been terminated.
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.
2.  Notice and name change; adults; notice.  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: the person is currently in reasonable fear of the person's 
safety.
B.  The person is currently in reasonable fear of the person's safety.
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 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 not all parties 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.
3.  Record.  The judge court shall make and preserve a record of a name change.  If 
the judge court limited the notice required under subsection 2 or 2-A, the judge court may 
seal make the record of the name change confidential or not public.
4.  Filing fee.  The fee for filing a name change petition is $40.
5.  Background checks.  The judge court may require a person seeking a name change 
to undergo one or more of the following background checks:  a criminal history record 
check; a motor vehicle record check; or a credit check.  The judge court may require the 
person to pay the cost of each background check required.
6.  Denial of petition brought for improper purpose.  The judge court may not 
change the name of a person if the judge court has reason to believe that the person is 
seeking the name change for purposes of defrauding another person or entity or for 
purposes otherwise contrary to the public interest.
Sec. 2.  19-A MRSA §1653, sub-§2, ¶F is enacted to read:
F.  The court may order that a minor's name be changed pursuant to Title 18-C, section 
1-701.
Sec. 3.  19-A MRSA §1843, sub-§3, as enacted by PL 2015, c. 296, Pt. A, §1 and 
affected by Pt. D, §1, is repealed and the following enacted in its place:
3.  Change of name.  Title 18-C, section 1-701 governs all name changes of minors.
SUMMARY
This bill clarifies and consolidates in a single section of Maine law the process and 
standards for changing the names of adults and minors.  The current process to change the 
name of an adult is for the adult to file a petition in the Probate Court in the county where 
the adult lives, except when an adult is petitioning to change that adult's name pursuant to 
a divorce proceeding, and this bill does not change that.  This bill provides that a parent or 
guardian of a minor may file a name change petition for the minor in the Probate Court in 
the county in which the minor lives, unless the District Court has exclusive jurisdiction 
regarding the minor pursuant to the Maine Revised Statutes, Title 4, section 152, subsection 
5-A, in which case the petition must be filed in District Court.  The bill also permits a parent 
or guardian to request to change the minor's name as part of a proceeding concerning 
parentage or other parental rights with respect to the minor in the District Court.  A separate 
petition is not required in these cases.
This bill defines "parent" and "guardian" for the purposes of changing the name of a 
minor.
This bill requires the parent or guardian who requests a name change for the minor in 
District Court to provide notice pursuant to the applicable rules of procedure to any other 
parent, any guardian, any guardian ad litem and any person or agency with legal custody 
of the minor and to the minor if the minor is 14 years of age or older.  The court must 
provide an opportunity for those entitled to notice to be heard and may change the name of 
the minor if the court finds that the change is in the best interest of the minor.
This bill provides that a parent or guardian does not have to publish notice of a minor's 
name change unless the court orders that notice be prohibited.  It authorizes the court to 
make the request of a name change confidential or not public if the court limited the notice 
required for the name change.
This bill provides factors a court must consider to assess whenever a request or petition 
for a name change is in the best interest of the minor.
Because this bill consolidates the provisions governing the process for change of name, 
except in the case of annulment, divorce or adoption, it revises the provision in the Maine 
Parentage Act providing for change of name of a minor on determination of parentage.