2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 8 - Change of Name › Section 40-8-1 - Change of name; petition and order.

A. Any resident of this state fourteen years of age or older may, upon petition to the district court of the district in which the petitioner resides, if no sufficient cause is shown to the contrary, have the petitioner's name changed or established by order of the court. The legal parents or legal guardians of any resident of this state under the age of fourteen years may, upon petition to the district court of the district in which the petitioner resides, if no sufficient cause is shown to the contrary, have the name of the petitioner's child or ward changed or established by order of the court. When residents under the age of fourteen years petition the district court for a name change, notice shall be given to all legal parents or legal guardians. The order shall be entered at length upon the record of the court, and a copy of the order, duly certified, shall be filed in the office of the county clerk of the county in which the person resides. The county clerk shall record the same in a record book to be kept by the county clerk for that purpose.
B. If the court finds that notice to one or more legal parents or legal guardians of a child who is under fourteen years of age will jeopardize the child's or the applicant's personal safety, the court shall not require notice. The court shall order all records regarding the petition to be sealed. The records shall only be opened by court order based upon a showing of good cause or at the applicant's request.
History:
Laws 1889, ch. 3, § 1; C.L. 1897, § 2910; Code 1915, § 3807; C.S. 1929, § 92-101; Laws 1937, ch. 162, § 1; 1941 Comp., § 25-501; 1953 Comp., § 22-5-1; Laws 1979, ch. 14, § 1; 1989, ch. 161, § 1; 2023, ch. 28, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, clarified criteria for filing a petition for change of name, eliminated the requirement to file notice with proof of publication, and provided that notice to one or more legal parents or legal guardians of a child under fourteen years of age is not required upon a finding by the court that the notice will jeopardize the applicant's safety; in Subsection A, after "Any resident of this state", deleted "over the age of fourteen" and added "fourteen years of age or older", after each occurrence of "the district in which the petitioner resides", deleted "and upon filing the notice required with proof of publication", substituted each occurrence of "his" with "the petitioner's", after "by order of the court. The", deleted "parent" and added "legal parents", after the next occurrence of "or", deleted "guardian" and added "legal guardians", after "the district court for a name change", deleted "the required", after "notice shall", deleted "include notice" and added "be given", after the next occurrence of "to", deleted "both" and added "all", after the next occurrence of "legal parents", added "or legal guardians", and after "be kept by", deleted "him" and added "the county clerk"; and added Subsection B.
The 1989 amendment,
effective June 16, 1989, substituted the present first four sentences for the former first sentence, which read: "Any resident of this state over the age of fourteen years, may, upon petition to the district court of the district in which the petitioner resides, and upon filing the notice required with proof of publication thereof, if no sufficient cause be shown to the contrary have his name changed or established by order of the court; such order shall be entered at length upon the record of the court, and a copy thereof, duly certified, shall be filed in the office of the county clerk of the county in which such person resides".
Common decency and good taste.
— The district court did not abuse its discretion when it denied the petitioner's request to change his name to "Fuck Censorship!" on the grounds that the change was offensive to common decency and good taste.
In the Matter of Petition of Variable
, 2008-NMCA-105, 144 N.M. 633, 190 P.3d 354.
This section does not limit number of times person can petition
to change his or her name.
In re Mokiligon
, 2005-NMCA-021, 137 N.M. 22, 106 P.3d 584.
Res judicata does not apply
to name changes.
In re Mokiligon
, 2005-NMCA-021, 137 N.M. 22, 106 P.3d 584.
Sufficient cause to deny application.
— Where the court summarily denied petitioner's request without providing sufficient factual support for the denial, and the docketing statement represented that petitioner did not receive a hearing, but was informed by mail that his request was denied, there appears to have been no showing of wrongful or fraudulent purpose, and based on the record, sufficient cause was shown to deny petitioner's application for a name change.
In re Mokiligon
, 2005-NMCA-021, 137 N.M. 22, 106 P.3d 584.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 57 Am. Jur. 2d Names §§ 10 to 16.
Change of child's name in adoption proceedings, 53 A.L.R.2d 927.
Right of married woman to use maiden surname, 67 A.L.R.3d 1266.
Circumstances justifying grant or denial of petition to change adult's name. 79 A.L.R.3d 562.
Rights and remedies of parents inter se with respect to the names of their children, 40 A.L.R.5th 697.
2 C.J.S. Adoption § 37; 3 C.J.S. Aliens § 142; 27C C.J.S. Divorce § 763; 65 C.J.S. Names § 1.