RAMSEY COUNTY DISTRICT COURT

                             CHANGE OF NAME INSTRUCTIONS

 

You must be a resident of the state of Minnesota for the past six months and reside in Ramsey County before you petition the Court for a change of name

 

 

YOUR APPPLICATION MUST BE MADE UNDER OATH. DO NOT PROCEED IF IT IS NOT MADE IN GOOD FAITH OR IF THERE IS ANY INTENT TO DEFRAUD OR MISLEAD ANYONE BY YOUR CHANGE OF NAME.

 

Changing your name will not change your Minnesota birth records.  If the information on a birth certificate is wrong because a mistake was made when the birth certificate was created, do not file an Application for Name Change to have the birth record corrected.  Mistakes can be corrected  by mail through the Minnesota Department of Health, 717 Delaware Street Southeast, P.O. Box 9441, Minneapolis, Minnesota  55440-9441, (612) 676-5120.  The MDH will explain the procedure by phone  and process your application by mail.  Please refer to Minnesota State Agency Rules 4601.1000 and 4601.1100 for further information. Information is also available on line at www.health.state.mn.us

 

                                 APPLICATION FOR NAME CHANGE

 

Complete the Application for Name Change and Order Granting Name Change- these are two different forms, filling in all blank spaces that apply.  If a parent is changing the name of a minor child, the parent is the applicant and all questions referring to the applicant, refer to the parent.  If a space does not apply, write N/A (not applicable).  Please use black or blue ink.  There are two different places for signatures on the application – at the bottom of the application and the verification on the back of the application.  The verification on the back must be signed before a notary public or court clerk.

                                                     

Minnesota Statutes 259.11 requires the Court to determine whether a person applying for a name change has been convicted of a felony in this or any other state. Minnesota Statutes 259.13 also requires the Court to determine whether the person applying for a name change has a criminal history in this or any other state. To comply with MS 259.11 and MS 259.13, a Criminal History Record Check Release must be completed for each person applying for a name change, including minor children and oral testimony will be required at your hearing.  Some applicants may be required to submit fingerprints to the Minnesota Bureau of Apprehension.  If you are changing the name of a minor who is 14 years of age or older, both the minor and the parent must sign the application and the Criminal History Record Check Release form. 

 

ALL ADULTS AND CHILDREN WISHING TO HAVE THEIR NAMES CHANGED MUST APPEAR IN COURT BEFORE THE JUDGE OR REFEREE.

 

                         APPLICATIONS OF CONVICTED FELONS  

 

Minnesota Statutes 259.13 requires that a person with a felony conviction under any state or federal law is to serve notice of the application for name change on the prosecuting authority that obtained the conviction.  Service can be made by first class mail and must be mailed by a person who is not a party to the name change.  The person serving a copy of the application by mail must complete an Affidavit of Service showing when and to whom the Application was served and the mailing address.  If you were convicted in Ramsey County, you may serve the Ramsey County Attorney at 50 West Kellogg Blvd, Room 315, Saint Paul, Minnesota 55102.  Convictions from other counties in the state of Minnesota must be served on the County Attorney of that County.  If the conviction is from another state or a federal jurisdiction, notice of the application must be served on the local prosecuting authority and must also be served on the Attorney General for the state of Minnesota located at Bremer Tower, Suite 1800, 445 Minnesota Street, Saint Paul, Minnesota 55103, Attention:  Pamela Guichard.  A person with a felony conviction must file proof of service with the Court at the time of filing the Name Change Application.  A person who has a felony conviction who does not comply with Minnesota Statute 259.13 is guilty of a gross misdemeanor.

 

The prosecuting authority has 30 days from the date they are served with notice of the Application to object.  If an objection to the name change is filed, the Court may not grant the name change request.  The Applicant may contest the prosecutor’s objection by filing a motion and asking for a hearing.  Motion papers are available from the Civil Division, Room 600, at the Ramsey County Courthouse, 15 West Kellogg Blvd, Saint Paul, Minnesota 55102.

 

If there has been a felony conviction and the Court grants the name change, both the Court and the person whose name has been changed shall report the name change to the Bureau of Criminal Apprehension (BCA) at 1430 East Maryland Avenue, Saint Paul, Minnesota  55106, Attention:  CJIS Section.  This reporting must take place within 10 days of the hearing.  If you have questions regarding this procedure call the BCA directly at (651) 642-0610.

 

                                FILING YOUR APPLICATION

    

Bring the completed, notarized Application for Name Change, Order Granting Name Change, Criminal History Record Check Release and Affidavit of Service (if Applicant is a convicted felon, to the Civil Division, Room 600 of the Ramsey County Courthouse, 15 West Kellogg Blvd, Saint Paul, Minnesota 55102.  At that time you must pay your filing fee, currently, $250.00.  If you are unable to pay the filing fee, you may apply for a special waiver of the fee based on your income.  You must show proof of your income at the time you apply for the waiver.  Once the filing fee is paid or waived, the file will be opened and a hearing date will be set with the Special Term Assignment Clerk, also located in the Civil Division, Room 600, Ramsey County Courthouse 651-266-8250.

 

At the time of the hearing, you must have present two adult witnesses to testify on your behalf.  If your application is approved, the Judge will sign the completed Order.  You may need a certified copy of this Order to change your personal records, such as your social security records, driver’s license, credit accounts etc. You may purchase a certified copy in the Civil Division, Room 600 at a cost of $10.00.  You may wish to check with individual agencies as to what is required.

 

THIS ORDER WILL NOT AUTOMATICALLY CHANGE YOUR MINNESOTA BIRTH RECORD. YOU MAY REQUEST A CHANGE OF YOUR BIRTH RECORD ON THE APPLICATION AND ON THE JUDGE'S ORDER IF YOU FEEL YOU HAVE EXCEPTIONAL CIRCUMSTANCES.  YOU MAY USE THE LINES ENTITLED  "OTHER" FOR THIS PURPOSE ON BOTH THE APPLICATION AND THE ORDER.

 

YOU MUST USE SPECIFIC LANGUAGE AS REQUIRED BY THE MINNESOTA DEPARTMENT OF HEALTH WHEN MAKING THIS REQUEST.  THE LINE ENTITLED OTHER ON BOTH THE APPLICATION AND ORDER SHOULD READ AS FOLLOWS:  THE MINNESOTA DEPARTMENT OF HEALTH IS DIRECTED TO AMEND THE BIRTH CERTIFCATE TO RELFECT THE NAME CHANGE OF (FILL IN YOUR OLD NAME) TO (FILL IN YOUR COMPLETE NEW NAME).

 

 IT IS YOUR REPSONSIBILITY TO BRING THIS TO THE JUDGE'S ATTENTION AT THE TIME OF YOUR HEARING.  Whether or not the birth certificate will be changed is up to the Judge.  You will be asked to give testimony regarding why you wish to have your the birth certificate changed.

 

 

 

        SPECIAL INSTRUCTIONS FOR NAME CHANGE OF MINORS

 

 

 

A parent or guardian may apply for a name change on behalf of a minor.  At the time of the hearing, the Judge or Referee may ask that you, as the applicant, show proof of capacity.  This means that a parent must bring the minor's (minors') birth certificate and a guardian must bring the court order appointing him/her as the child's(children's) guardian.  The birth certificate and the court order are considered proof of capacity.

 

Two adult witnesses who know the child(ren) and the applicant are needed to testify in Court for a minor's (minors') name change.  The applicant mother/father/guardian may not be a witness. The same witnesses may testify for each child if there is more than one child on the application.    By Minnesota Law it is required that both parents must have notice of the pending court date for an application for a minor's name change.  The following are suggestions for providing notice and proving to the Court that the non-custodial parent has been notified.  It is up to the Court to determine whether proof is sufficient.  WHAT FOLLOWS ARE ONLY SUGGESTIONS AND SHOULD NOT BE TAKEN AS LEGAL ADVICE.  IF YOU HAVE SPECIFIC QUESTIONS CONCERNING WHAT CONSTITUTES SUFFICIENT NOTICE IN YOUR CASE, YOU MUST CONSULT AN ATTORNEY.  If you know the address of the other parent, send a certified letter to him/her indicating the date, time, place and purpose of the hearing.  You must enclose a copy of the application. You should bring to court the return receipt card with a copy of the letter you sent.  This may provide proof to the Judge that the parent has been given notice.

If you do not know the whereabouts of the other parent, the Court expects that you will take reasonable efforts to locate him /her through friends or relatives. You should be prepared to give testimony under oath in open court as to what steps you have taken to locate the other parent. 

If you do not know who the non-custodial parent is, you will have to establish this by bringing a copy of the child's/children's' birth certificate(s) to the hearing and by testifying under oath before the Judge/Referee.

 

Minnesota Statutes 259.10 requires that both parents have notice of the hearing for a pending Application for Name Change.  In some cases the court may require that notice of the Application and hearing be published in a legal newspaper.  If this is required in your case, you must fill out an affidavit stating the steps you have taken to notify the other parent. Forms and instructions are available in the Civil Division, Room 600, Ramsey County Courthouse.

 

For further questions, please call 651-266-8256 – Litigant Services

07/13/05