2006 Code of Virginia § 8.01-217 - How name of person may be changed

8.01-217. How name of person may be changed.

A. Any person desiring to change his own name, or that of his child or ward,may apply therefor to the circuit court of the county or city in which theperson whose name is to be changed resides, or if no place of abode exists,such person may apply to any circuit court which shall consider suchapplication if it finds that good cause exists therefor under thecircumstances alleged. Applications of probationers and incarcerated personsmay be accepted if the court finds that good cause exists for suchapplication. An incarcerated person may apply to the circuit court of thecounty or city in which such person is incarcerated. In case of a minor whohas no living parent or guardian, the application may be made by his nextfriend. In case of a minor who has both parents living, the parent who doesnot join in the application shall be served with reasonable notice of theapplication pursuant to 8.01-296 and, should such parent object to thechange of name, a hearing shall be held to determine whether the change ofname is in the best interest of the minor. It shall not be necessary toeffect service upon any parent who files an answer to the application. If,after application is made on behalf of a minor and an ex parte hearing isheld thereon, the court finds by clear and convincing evidence that suchnotice would present a serious threat to the health and safety of theapplicant, the court may waive such notice.

B. Every application shall be under oath and shall include the place ofresidence of the applicant, the names of both parents, including the maidenname of his mother, the date and place of birth of the applicant, theapplicant's felony conviction record, if any, whether the applicant ispresently incarcerated or a probationer with any court, and if the applicanthas previously changed his name, his former name or names.

C. On any such application and hearing, if such be demanded, the court,shall, unless the evidence shows that the change of name is sought for afraudulent purpose or would otherwise infringe upon the rights of others or,in a case involving a minor, that the change of name is not in the bestinterest of the minor, order a change of name. The order shall contain noidentifying information other than the applicant's former name or names, newname, and current address. The clerk of the court shall spread the order uponthe current deed book in his office, index it in both the old and new names,and transmit a certified copy of the order and the application to the StateRegistrar of Vital Records and the Central Criminal Records Exchange.Transmittal of a copy of the order and the application to the State Registrarof Vital Records and the Central Criminal Records Exchange shall not berequired of a person who changed his or her former name by reason of marriageand who makes application to resume a former name pursuant to 20-121.4.

D. If the applicant shall show cause to believe that in the event his changeof name should become a public record, a serious threat to the health orsafety of the applicant or his immediate family would exist, the chief judgeof the circuit court may waive the requirement that the application be underoath or the court may order the record sealed and direct the clerk not tospread and index any orders entered in the cause, and shall not transmit acertified copy to the State Registrar of Vital Records or the CentralCriminal Records Exchange. Upon receipt of such order by the State Registrarof Vital Records, for a person born in this Commonwealth, together with aproper request and payment of required fees, the Registrar shall issuecertifications of the amended birth record which do not reveal the formername or names of the applicant unless so ordered by a court of competentjurisdiction. Such certifications shall not be marked "amended" and showthe effective date as provided in 32.1-272. Such order shall set forth thedate and place of birth of the person whose name is changed, the full namesof his parents, including the maiden name of the mother and, if such personhas previously changed his name, his former name or names.

(Code 1950, 8-577.1; 1956, c. 402; 1973, c. 401; 1976, c. 115; 1977, cc.457, 617; 1979, cc. 599, 603, 612; 1980, cc. 448, 455; 1981, c. 297; 1983, c.335; 1985, c. 483; 1991, c. 144; 2003, c. 258; 2005, c. 579.)