How to Change a Child's Last Name in Illinois

Two routes: a name change petition or a parentage case

Most parents use a name change request under 735 ILCS 5/21-101, Article XXI of the Code of Civil Procedure. The request is made on the statewide standardized forms approved by the Illinois Supreme Court, and for a minor it is signed by the parent or guardian who has legal custody.

There is also a route inside a parentage case. Under 750 ILCS 46/802(h), when both parents request it, the court in the parentage case must order the child's name changed. If only one parent wants the change, the separate name change request is the usual path. In a stepparent adoption, the adoption petition itself can ask for the child's new name; see stepparent adoption in Illinois.

Since July 1, 2010, common law name changes made in Illinois are invalid under 735 ILCS 5/21-105. A child's name changes legally only through a court order or another legal proceeding, not by using a new name at school.

Who can file and the 2025 changes

For a minor name change, the petitioning parent files in the circuit court of the county where that parent lives. The Clerk of the Circuit Court of Cook County lists three changes made by Public Act 103-1063, effective March 1, 2025:

• Residency. The petitioner must have lived in Illinois for 3 months at the time of the hearing or the order, down from 6 months.
• No general publication. Newspaper publication is no longer required in every case. The former notice and publication section, 735 ILCS 5/21-103, was repealed on that date.
• Privacy. A petitioner can ask the court to impound the file when public access would be a hardship to health or safety.

Some older guides still describe publication in every case or a 6-month residency period. The current statute controls.

The statewide instructions add a practical point: for families with an allocation judgment entered after January 1, 2016, most judges will probably expect the petitioning parent to hold significant decision-making responsibility. If you share decision-making, review your allocation judgment before filing.

Consent and notice to the other parent

If the other parent agrees, that parent can sign the consent on the Request for Name Change Child Information form, and the signature must be notarized. If the other parent does not sign, the Illinois Supreme Court instructions say that in most cases you must give that parent notice after filing. Notice can be sent by certified mail with a return receipt or delivered by the sheriff or a licensed private process server. Cook County's guide for the Daley Center also describes service by a deputy sheriff or a court-appointed special process server, so check what your courtroom expects.

Cook County's guide says the notice must include a copy of the petition, the hearing date, time, courthouse and courtroom, and must tell the parent of the right to appear and be heard. For a parent outside Illinois, 735 ILCS 5/21-104 requires notice in the manner most likely to give actual notice, served at least 10 days before the hearing. If you cannot find the other parent, the Statement on Trying to Provide Notice form explains your search to the judge. The statewide instructions also warn that if the other parent cannot be found, some judges might require notice by newspaper publication once a week for 3 weeks in a row, first appearing at least 6 weeks before the court date.

The best interest standard for minors

Section 21-101(c) sets a higher bar for children than for adults. The court may enter an order for a minor only if it finds by clear and convincing evidence that the change is necessary to serve the child's best interest. The judge considers all relevant factors, including:

1. the wishes of the child's parents and of any person acting as a parent who has physical custody;
2. the child's wishes and the reasons for them;
3. the child's relationships with parents, stepparents, siblings, stepsiblings and others who may significantly affect the child; and
4. the child's adjustment to home, school and community.

The judge may interview the child in chambers, with counsel present unless the parties agree otherwise and a court reporter making a record. Useful evidence often includes school records, the names used by siblings in the home and the other parent's involvement. A parent's wish alone, or a remarriage alone, may not meet the standard.

Filing in Cook County

In Cook County, the County Division hears name change proceedings at the Richard J. Daley Center, and the court's name change guide says petitions may be filed there, in Room 1202, or at any of the five suburban courthouses.

1. Confirm that you meet the residency rule and that you are the parent or guardian with legal custody.
2. Complete the Request for Name Change (Minor Children), a Child Information form for each child, the Notice of Court Date and the proposed Order. Match each child's current name exactly to the birth certificate.
3. File with the Clerk and get a court date. Filing fees vary; if you cannot pay, ask about an application for waiver of court fees.
4. File a Motion to Impound at the same time if privacy is a safety concern.
5. Serve the notice on the other parent, or document your attempts.
6. Attend the hearing in person or by the courtroom's Zoom room. Cook County's guide says minors must appear with the petitioning parent or guardian.

The judge will grant, deny or continue the request. Bring the child's birth certificate, your photo identification, proof of notice and any allocation or parentage order.

Timing depends on the court date the clerk assigns and on notice. If the other parent signed a consent, the case may be heard on the first date. If notice is incomplete, or the other parent appears and objects, expect a continuance and a contested hearing at a later date. Plan for the child's school and activity schedule, since the child will need to attend.

If the petitioner, or another adult included in the request, has a pending criminal charge, the petition's criminal history statement and the State's Attorney's right to object come into play under 735 ILCS 5/21-102 and 21-102.5. That person needs a criminal defense lawyer; this firm handles family law only.

After the order: birth certificate and records

Nothing changes automatically. Ask the Clerk for certified copies of the Order for Name Change. In Cook County, copies are available in Room 1202 of the Daley Center or by request to the County Division. Use them to update the child's birth certificate, Social Security card, passport, school and medical records, and insurance. Order more than one certified copy, because some offices keep the copy you give them.

What the other parent can do

The other parent can sign a consent, ignore the notice, or appear and object at the hearing. An objecting parent can present evidence on the same best interest factors, such as the child's long use of the current name or close ties to that side of the family. Because the petitioner carries a clear and convincing burden, an objection supported by evidence matters.

Common mistakes to avoid

• Skipping notice. A name change granted without required notice can be challenged.
• Relying on outdated instructions. The 6-month residency rule and the general publication requirement ended on March 1, 2025.
• Leaving the child at home. Cook County expects minors at the hearing.
• Treating a parenting dispute as a name dispute. If the real issue is parenting time or decision-making, address it in the parenting case.
• Changing the name informally. Schools and agencies need the court order.

How Chicago Family Attorneys can help

Chicago Family Attorneys handles family law only from 53 W Jackson Blvd, Suite 752, in the Chicago Loop, serving Cook, DuPage, Will and Lake Counties. Attorney Aaron Korson can review whether the name change belongs in a parentage case or a separate request, prepare the forms and notice, and present the evidence at the hearing. See our paternity services and fathers' rights pages.

• Limited scope. A flat fee for a defined task, such as preparing the name change request or appearing at the hearing, quoted after a consultation. See our limited-scope fees.
• Parentage cases. If the name change is part of a parentage case, see paternity lawyer costs.

For forms and court resources, see our Cook County family law resources. Related reading: how to establish paternity in Illinois and whether signing a VAP gives parenting time.