9.
If you are a person in county jail, or under the jurisdiction of the Department of Corrections and Rehabilitation (in state prison, or on
parole) you may file a petition to change your name, but must serve the petition on a government agency.
8. Name Change for Children
If the nonconsenting parent resides in California, the order or notice must be personally served on the nonconsenting parent.
You cannot personally serve this document.
If the nonconsenting parent resides outside California, that parent may be served by sending a copy of the order or notice by
first-class mail, postage prepaid, return receipt requested.
If you have served a parent or grandparent, file a copy of the completed Proof of Service of Order to Show Cause (form NC-121)
with the court before the hearing.
If you were born in California and want to amend a birth certificate to show the name change, you should contact the following
office:
Local courts may supplement these instructions. Check with the court to determine whether supplemental information is available.
For instance, the court may provide you with additional written information identifying the department that handles name change
petitions, the times when petitions are heard, and the newspapers that may be used to publish the Order to Show Cause.
a.
If you are a petitioning parent requesting the name change for a child under 18 years of age, and one of the parents, if living,
does not join in consenting to the name change, the petitioning parent must have a copy of the Order to Show Cause or notice
of the time and place of the hearing served on the nonconsenting parent. Service must be made at least 30 days prior to the
hearing, under Code of Civil Procedure sections 413.10, 414.10, 415.10, or 415.40.
c.
d.
If you are the guardian of a minor and filing a petition to change the name of that minor, you must (1) provide notice of the
hearing to any living parent of the child by personal service at least 30 days before the hearing (or as in b above), or (2) if either
or both parents are deceased or cannot be located, serve notice of the hearing on the child's grandparents, if living, not less
than 30 days before the hearing, under Code of Civil Procedure sections 413.10, 414.10, 415.10, or 415.40. (If the minor's name
is being changed to conform to gender identity, these notices and orders for grandparents need not be completed or served.)
e.
10.
11.
If no written objection is filed at least two court days before the scheduled hearing, the court may grant the petition and sign the
decree without a hearing. Check with the court to find out if a hearing will be held. If there is a hearing, bring copies of all
documents to the hearing. If the judge grants the petition, the judge will sign the original decree.
If you filed a petition for name change to conform to gender identity, and timely objections were filed, the court may set a hearing
date after receiving the objections. If it does, you will be sent a notice of the hearing date. Check with the court after the deadline for
filing objections to see if a hearing date has been set. If there are no objections, the court will grant the petition and sign the decree
without a hearing.
California Department of Public Health
Vital Records - MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410
Court Hearing
Name Change for Person in Jail or Prison or on Parole
NC-100-INFO
Note that the declaration on form NC-110 as to whether the petitioner is in jail or under jurisdiction of the California Department of
Corrections and Rehabilitation is only for purposes of determining if service of the petition is required.
Phone: 916-445-2684
website: www.cdph.ca.gov
If in state prison, you must provide a copy of the petition to the warden. Check with the warden's office as to how that should be
done.
If in county jail, you must provide a copy of the petition to the county sheriff's department. Check with the department as to how
that should be done.
After you have provided a copy to the sheriff, warden, or regional parole administrator, file a copy of the completed Proof of
Service By Mail (form POS-030) with the court.
If on parole, you must provide a copy of the petition to the regional parole administrator. Check with the administrator's office
as to how that should be done.
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INSTRUCTIONS FOR FILING A PETITION
FOR CHANGE OF NAME
NC-100-INFO [Rev. January 1, 2019] Page 2 of 2
b.
If you are a petitioning parent or any other adult requesting the name change for a child to conform to that child's gender
identity and a living parent does not join in the petition for the name change, you must have a copy of the petition and the Order
to Show Cause served on the nonconsenting parent. Service must be made within 30 days of the date the order is made by
the court, under Code of Civil Procedure sections 413.10, 414.10, 415.10, or 415.40.
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
