PRINTER'S NO. 574
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
610
Session of
2023
INTRODUCED BY SANCHEZ, GUENST, SAPPEY, MADDEN, HOWARD,
SCHLOSSBERG, BURGOS, KINSEY, HOHENSTEIN, HILL-EVANS, FREEMAN,
FRANKEL, OTTEN, CERRATO AND N. NELSON, MARCH 21, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2023
AN ACT
Amending Title 54 (Names) of the Pennsylvania Consolidated
Statutes, in judicial change of name, further providing for
court approval required for change of name.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 701(a.1) of Title 54 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 701. Court approval required for change of name.
* * *
(a.1) Procedure.--
(1) An individual must file a petition in the court of
common pleas of the county in which the individual resides.
If a petitioner is married, the petitioner's spouse may join
as a party petitioner, in which event, upon compliance with
the provisions of this subsection, the spouse shall also be
entitled to the benefits of this subsection.
(2) The petition must set forth all of the following:
(i) The intention to change the petitioner's name.
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(ii) The reason for the name change.
(iii) The current residence of petitioner.
(iv) Any residence of the petitioner for the five
years prior to the date of the petition.
(v) If the petitioner requests the court proceed
under paragraph (3)(iii) or (iv).
(3) Upon filing of the petition, the court shall do all
of the following:
(i) Set a date for a hearing on the petition. The
hearing shall be held not less than one month nor more
than three months after the petition is filed.
(ii) Except as provided in subparagraph (iii) or
(iv), by order, direct that notice be given of the filing
of the petition and of the date set for the hearing on
the petition and that the notice be treated as follows:
(A) Published in two newspapers of general
circulation in the county where the petitioner
resides or a county contiguous to that county. One of
the publications may be in the official paper for the
publication of legal notices in the county.
(B) Given to any nonpetitioning parent of a
child whose name may be affected by the proceedings.
(iii) If the court finds that the notice required in
subparagraph (ii) would jeopardize the safety of the
[person] individual seeking the name change or [his or
her] the individual's child or ward, the notice required
shall be waived by order of the court. Upon granting the
request to waive any notice requirement, the court shall
seal the file. In all cases filed under this [paragraph]
subparagraph, whether or not the name change petition is
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granted, there shall be no public access to any court
record of the name change petition, proceeding or order,
unless the name change is granted but the file is not
sealed. The records shall only be opened by order of the
court in which the petition was granted based upon a
showing of good cause or at the [applicant's]
petitioner's request.
(iv) If the petition requests a name change to
conform to the petitioner's gender identity, the notice
required in subparagraph (ii) shall be waived by order of
the court and the court shall seal the file. In all cases
filed under this subparagraph, whether or not the name
change petition is granted, there shall be no public
access to any court record of the name change petition,
proceeding or order. The records shall only be opened by
order of the court in which the petition was granted
based upon a showing of good cause or at the petitioner's
request.
(4) At the hearing, the following apply:
(i) Any person having lawful objection to the change
of name may appear and be heard.
(ii) The petitioner must present to the court all of
the following:
(A) Proof of publication of the notice under
paragraph (3)(ii) unless petitioner requested the
court proceed under paragraph (3)(iii) or (iv) and
the court granted the request.
(B) An official search of the proper offices of
the county where petitioner resides and of any other
county where petitioner has resided within five years
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prior to filing the petition showing that there are
no judgments, decrees of record or other similar
matters against the petitioner. This clause may be
satisfied by a certificate given by a corporation
authorized by law to make the search under this
clause.
(5) The court may enter a decree changing the name as
petitioned if the court is satisfied after the hearing that
there is no lawful objection to the granting of the petition.
* * *
Section 2. The amendment of 54 Pa.C.S. § 701(a.1) shall
apply to petitions filed after the effective date of this
section.
Section 3. This act shall take effect in 60 days.
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