2717.01.
Application to change name of person - notice
(A) |
(1) |
A person desiring
a change of name may file an application in the probate court of the county in
which the person resides. The application shall set forth that the applicant
has been a bona fide resident of that county for at least one year prior to the
filing of the application, the cause for which the change of name is sought,
and the requested new name. The application shall require the applicant to
state whether the applicant has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for identity fraud or has a duty to comply with
section 2950.04 or
2950.041 of the Revised Code
because the applicant was convicted of, pleaded guilty to, or was adjudicated a
delinquent child for having committed a sexually oriented offense or a
child-victim oriented offense. |
(2) |
Except as
provided in division (A)(4) of this section, notice of the application
shall be given once by publication in a newspaper of general circulation in the
county at least thirty days before the hearing on the application. The notice
shall set forth the court in which the application was filed, the case number,
and the date and time of the hearing. |
(3) |
Except as provided by division
(C) of this section, upon proof that proper notice was given
or that notice was waived under division (A)(4) of this
section and proof that the facts set forth
in the application show reasonable and proper cause for changing the name of
the applicant, the court may order the change of name. |
(4) |
If an
applicant for a change of name submits to the court, along with the application
described in division (A)(1) of this section, satisfactory proof that the
publication of the notice under division (A)(2) of this section would
jeopardize the applicant's personal safety, both of the following apply:
(a) |
The
court shall waive the notice requirement. |
(b) |
If the
court orders the change of name under division (A)(3) of this section, the
court shall order the records of the change of name proceeding to be sealed and
to be opened only by order of the court for good cause shown or at the request
of the applicant for any reason. |
|
|
(B) |
An
application for change of name may be made on behalf of a minor by either of
the minor's parents, a legal guardian, or a guardian ad litem. When application
is made on behalf of a minor, in addition to the notice and proof required
pursuant to division (A) of this section, the consent of both living, legal
parents of the minor shall be filed, or notice of the hearing shall be given to
the parent or parents not consenting by certified mail, return receipt
requested. If there is no known father of the minor, the notice shall be given
to the person who the mother of the minor alleges to be the father. If no
father is so alleged, or if either parent or the address of either parent is
unknown, notice pursuant to division (A) of this section shall be sufficient as
to the father or parent.
Any additional notice
required by this division may be waived in writing by any person entitled to
the notice.
|
(C) |
(1) |
The court
shall not order a change of name under division (A) of this section if the
person applying for a change of name or for whom the application for a change
of name is made has a duty to comply with section
2950.04 or
2950.041 of the Revised Code
because the applicant or the person on whose behalf the application for a
change of name is made was convicted of, pleaded guilty to, or was adjudicated
a delinquent child for having committed a sexually oriented offense or a
child-victim oriented offense. |
(2) |
The court shall not order a change of name under division (A) of this section
if the person applying for a change of name or for whom the application for a
change of name is made has pleaded guilty to, been convicted of, or been
adjudicated a delinquent child for committing a violation of section
2913.49 of the Revised Code unless
the guilty plea, conviction, or adjudication has been reversed on
appeal. |
(3) |
As used in this division, "sexually oriented
offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised
Code. |
|
Cite as (Casemaker) R.C.
§ 2717.01
History. Amended by
129th General AssemblyFile No.178, SB 160,
§1, eff.
3/22/2013.
Amended by
129th General AssemblyFile No.29, HB 86,
§1, eff.
9/30/2011.
Effective Date: 12-17-1986
.