Legal Ways to Change a Child's Last Name in Missouri

Changing a child's name in Missouri requires a few steps.

Missouri residents may wish to change a child's last name for reasons such as divorce, adoption or change of guardianship. A name-change petition can be completed through the Missouri court system with or without assistance from a lawyer, but there are several requirements that must be met, depending on the situation. Through its "virtual deskbook" for pro bono attorneys, the Missouri Bar provides details on the process, including rules for filings, notifications and publication of the judgment.

Divorce and Adoption

Certain legal proceedings in Missouri include a change of name for a child, including divorce, adoption and foreign recognitions of adoption. Usually, the planned change would be included in the original documentation. The final judgment includes the name change and can be used as proof for other purposes, such as changing the last name with the Social Security Administration.

Separate Legal Action

In Missouri, a child's last name can also be changed through a separate legal action, which is filed as a "verified petition" in the circuit court in the county where the child resides. Families seeking more than one name change can likely file a joint petition to save money. Check with the local court clerk to verify who oversees name change proceedings.

Verified Petition

A verified petition is a legally sworn document outlining the facts and requesting a name change. In Missouri, the petition must include the current name of the child and the desired name, the reason for the change, the child's county of residence, the date and birthplace of the child, father's name and mother's maiden name, if the child's name has been previously changed and by what court, and whether the name change would be detrimental to any person. The child's "next friend" or guardian files the petition. The next friend is usually the parent or someone acting legally for the parent.

Parental Consent

The consent of both living parents is required to change a child's last name in Missouri. Written consent for the name change must be submitted with the verified petition. If consent is not filed by both parents, a notice of the name change hearing must be sent to the nonconsenting parent at the last known address. Proof of mailing is obtained by the court clerk through certified or registered mail.

Additional Requirements

The name change request may be entered by mail if there is no opposition to the change. The court will change the name as long as it is proper and not detrimental to any other person. After a name change has been ordered, the change needs to be published in the county paper once a week for three weeks, unless the child is a victim of abuse. Proof of publication is provided to the court in exchange for a certified copy of the name change judgment. The name can then be changed on the birth certificate through the Department of Health and Senior Services.

References

• The Missouri Bar: Name Change