Mass. Unif. Prob. Ct. Prac. XXXV

(a) Scope

Pursuant to G. L. c. 210, § 12, a petition for the change of name of a resident of Massachusetts may be heard by the division of the Probate and Family Court (hereinafter “the Court”) in the county where the petitioner resides.

(b) Separate petition required

To seek a name change, a petition for a change of name must be filed unless:

(1) A party in a divorce case seeks to resume that party’s birth surname or that of a former spouse prior to the issuance of the judgment of divorce (G. L. c. 208, § 23);

(2) An individual seeks to change the name of the person to be adopted as part of an adoption proceeding (G. L. c. 210, § 6); or

(3) A parentage judgment includes an order to amend the name of the child in an Order to Amend Birth Certificate (G. L. c. 209C, § 8; see also G. L. c. 46, § 13(d)(4)).

(c) Proper filing--adult

A properly filed name change request for an adult includes:

(1) A Petition to Change Name of Adult (CJP 27);

(2) A certified copy of the petitioner’s birth certificate. Any birth certificate containing foreign language must be accompanied by a professional English language translation. The translator must provide a notarized statement of the accuracy of the translation and self-certification of their ability to translate;

(3) A Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request form (CJP 34);

(4) A certified copy of any prior name change (i.e., marriage certificate, divorce decree, or court order changing name); and

(5) The filing fee, unless waived by the Court pursuant to G. L. c. 261.

(d) Proper filing--minor

A properly filed name change request for a minor includes:

(1) A Petition to Change Name of Minor (CJP 25). The minor child shall be listed as the petitioner. The minor child’s legal parent(s) or any court-appointed guardian(s) shall present the petition to the Court as the minor’s next friend;

(2) A certified copy of the petitioner’s birth certificate. Any birth certificate containing foreign language must be accompanied by a professional English language translation. The translator must provide a notarized statement of the accuracy of the translation and self-certification of their ability to translate;

(3) A certified copy of any prior name change (i.e., adoption decree or court order changing name);

(4) A Child Care or Custody Disclosure Affidavit (TC0050);

(5) Any Assent to Petition to Change Name of Minor (CJP 30);

(6) The filing fee, unless waived by the Court pursuant to G. L. c. 261. If an entire family seeks a name change or two or more children who have the same legal parents seek a name change, a separate petition must be filed for each person whose name is seeking to be changed, but the filing fee shall be assessed on one petition only, unless the filing fee is otherwise waived by the Court pursuant to G. L. c. 261;

(7) Where applicable:

(A) The death certificate of any deceased legal parent;

(B) Any certified decree terminating parental rights of any legal parent;

(C) Any adoption surrender signed by a legal parent; and

(D) Any certified decree of guardianship; and

(8) If the petition seeks to change the name of a minor 12 years of age or older, the following additional requirements:

(A) The notarized assent of the petitioner/minor; and

(B) A Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request form (CJP 34) for the petitioner/minor.

(e) Impoundment

The petition, and all documents filed in connection therewith, shall be segregated and not available for inspection pursuant to G. L. c. 210, § 13(b) and the Uniform Rules on Impoundment Procedure. The case caption and docket number are not impounded.

(f) CARI and WMS Check

The Probation Department shall conduct a Court Activity Record Information (CARI) and Warrant Management System (WMS) check for any person 12 years of age or older who is the subject of a petition for a change of name.

(g) Review

(1)

After the filing of the petition and payment or waiver of the filing fee, the Court shall review the petition and all related documents, including any CARI/WMS Report.

(2)

After review, the Court may:

(A) Determine that no citation is needed and issue a decree on the petition without a hearing; or

(B) For good cause shown, issue an Order of Notice on Petition to Change Name (CJP 130). A citation shall issue consistent with that order.

(h) Notice requirements

Rule 6 of the Supplemental Rules of the Probate and Family Court applies to all citations, unless otherwise provided below.

(1)

Examples of good cause shown may include: the petitioner is incarcerated, on probation, on parole, committed to the Massachusetts Treatment Center as a sexually dangerous person, and/or in the custody of the Massachusetts Department of Youth Services.

(2)

The following shall be deemed good cause shown for a minor petitioner: the petitioner has at least one legal parent or court-appointed guardian who has not filed a written assent to the petition.

(3)

If it appears from the petition that the address or whereabouts of a legal parent or court-appointed guardian is unknown or certified mail cannot be accomplished despite diligent efforts, the petitioner may file a Motion for Alternate Service and Affidavit of Diligent Search (CJP 31). Whenever the Court orders alternate service under this subsection, the Court shall also require that a Military Affidavit (TC0002) be filed as to the person to be served.

(4)

Authorities upon whom the Court may order notice by certified mail include, but are not limited to: the Massachusetts Department of Correction, the Massachusetts Parole Board, the Massachusetts Department of Youth Services, and the Massachusetts Sex Offender Registry Board. The Court may also order that notice also be given to the prosecuting official and Sheriff’s Office(s) in the jurisdiction where the petitioner’s conviction(s) or delinquency adjudication(s) occurred. Prosecuting officials may include the District Attorney, Attorney General, or United States Attorney.

(5)

If the Court issues an Order of Notice on Petition to Change Name (CJP 130) when an entire family seeks a name change or two or more children who have the same legal parents seek a name change, a single citation is sufficient unless otherwise ordered by the Court.

(i) Proof of notice

If notice is ordered by the Court, proof of notice in the form ordered shall be filed with the Court prior to allowance of the petition. If service is made by mail, proof of notice shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the Court.

(j) Court action on petition after notice

(1)

Any person may appear for purposes of objecting to the petition by filing an appearance prior to the return date listed on the citation.

(2)

If no objections to the petition are filed, and proof of notice has been properly filed, the Court may act upon the petition without a hearing.

(k) Proof of change of name

If the Court grants the petition for the change of name, a certified copy of the decree shall issue. If requested, a Certificate of Name Change, under seal of the Court, may be issued by the registry upon payment of the proper fee, unless fees have been waived by the Court pursuant to G. L. c. 261.

(l) Statutory notification requirement

Each register of probate shall, at a minimum, make an annual return in December of each year, or as otherwise may be required by G. L. c. 210, § 14, to the Commonwealth's Registry of Vital Records and Statistics under the supervision of the Commissioner of Public Health, and to the Commissioner of Probation of all changes of name which have been granted during that year in the division.