735 ILCS 5/21-103
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XXI - Change Of Name

 (from Ch. 110, par. 21-103)(Text of Section from P.A. 101-652)Sec. 21-103. Notice by publication.(a) Previous notice shall be given of the intended application by  publishing a notice thereof in some newspaper published in the municipality  in which the person resides if the municipality is in a county with a  population under 2,000,000,  or if the person does not reside  in a municipality in a county with a population under 2,000,000,  or if no newspaper is published in the municipality or if the person resides  in a county with a population of 2,000,000 or more,  then in some newspaper  published in the county where the person resides, or if no newspaper  is published in that county, then in some convenient newspaper published  in this State.  The notice shall be inserted for 3 consecutive weeks  after filing, the  first insertion to be at least 6 weeks before the return day upon which  the petition is to be heard, and shall be signed by the petitioner or, in  case of a minor, the minor's parent or guardian, and shall set  forth the return day of court on which the petition is to be heard and the  name sought to be assumed.(b) The publication requirement of subsection (a) shall not be  required in any application for a change of name involving a minor if,  before making judgment under this Article, reasonable notice and opportunity  to be heard is given to any parent whose parental rights have not been  previously terminated and to any person who has physical custody of the  child.  If any of these persons are outside this State, notice and  opportunity to be heard shall be given under Section 21-104.(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name.(b-5) Upon motion, the court may issue  an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a written declaration that the person believes that  publishing notice of the name change would put the person at risk of physical harm or discrimination. The person must provide evidence to support the claim that publishing notice of the  name change would put the person at risk of physical harm or discrimination.(c) The Director of State Police or his or her designee may apply to the  circuit court  for an order directing that the notice and publication requirements of  this Section be waived if the Director or his or her designee certifies that  the name change being sought is intended to protect a witness during and  following a criminal investigation or proceeding.(c-1) The court may enter a written order waiving the publication requirement of subsection (a) if:(i) the petitioner is 18 years of age or older; and(ii) concurrent with the petition, the petitioner     files with the court a statement, verified under oath as provided under Section 1-109 of this Code, attesting that the petitioner is or has been a person protected under the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, the Civil No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, a condition of pretrial release under subsections (b) through (d) of Section 110-10 of the Code of Criminal Procedure of 1963, or a similar provision of a law in another state or jurisdiction.The petitioner may attach to the statement any supporting documents, including relevant court orders.(c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service.(c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1).(c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case.(d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective date of P.A. 100-520); 100-788, eff. 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 101-652, eff. 1-1-23.)(Text of Section from P.A. 102-538)Sec. 21-103. Notice by publication.(a) Previous notice shall be given of the intended application by  publishing a notice thereof in some newspaper published in the municipality  in which the person resides if the municipality is in a county with a  population under 2,000,000,  or if the person does not reside  in a municipality in a county with a population under 2,000,000,  or if no newspaper is published in the municipality or if the person resides  in a county with a population of 2,000,000 or more,  then in some newspaper  published in the county where the person resides, or if no newspaper  is published in that county, then in some convenient newspaper published  in this State.  The notice shall be inserted for 3 consecutive weeks  after filing, the  first insertion to be at least 6 weeks before the return day upon which  the petition is to be heard, and shall be signed by the petitioner or, in  case of a minor, the minor's parent or guardian, and shall set  forth the return day of court on which the petition is to be heard and the  name sought to be assumed.(b) The publication requirement of subsection (a) shall not be  required in any application for a change of name involving a minor if,  before making judgment under this Article, reasonable notice and opportunity  to be heard is given to any parent whose parental rights have not been  previously terminated and to any person who has physical custody of the  child.  If any of these persons are outside this State, notice and  opportunity to be heard shall be given under Section 21-104.(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name.(b-5) Upon motion, the court may issue  an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a written declaration that the person believes that  publishing notice of the name change would put the person at risk of physical harm or discrimination. The person must provide evidence to support the claim that publishing notice of the  name change would put the person at risk of physical harm or discrimination.(c) The Director of the Illinois State Police or his or her designee may apply to the  circuit court  for an order directing that the notice and publication requirements of  this Section be waived if the Director or his or her designee certifies that  the name change being sought is intended to protect a witness during and  following a criminal investigation or proceeding.(c-1) The court may enter a written order waiving the publication requirement of subsection (a) if:(i) the petitioner is 18 years of age or older; and(ii) concurrent with the petition, the petitioner     files with the court a statement, verified under oath as provided under Section 1-109 of this Code, attesting that the petitioner is or has been a person protected under the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, the Civil No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, a condition of bail under subsections (b) through (d) of Section 110-10 of the Code of Criminal Procedure of 1963, or a similar provision of a law in another state or jurisdiction.The petitioner may attach to the statement any supporting documents, including relevant court orders.(c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service.(c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1).(c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case.(d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 102-538, eff. 8-20-21.)