Delaware: Adult Legal Name Change Requirements

Requirements one by one

File in the resident county after six months

Under 10 Del. C. § 5901(a), the verified adult petition goes to the Court
of Common Pleas in the county where the adult resides and states the current
and proposed names. The current mandatory packet adds a practical eligibility
rule: it requires the adult to certify more than six months' residence in that
Delaware county.

The petition asks for the adult's address, daytime telephone number, date and
place of birth, current and proposed names, reason for the change, and whether
criminal charges are pending or the adult is under Department of Correction
supervision. It also asks for conditional details about pending charges,
probation, or parole. The supporting affidavit must be sworn before a notary.
The packet requires a birth certificate, photo identification, and documents
for any prior name change or related court process.

Publication ended in 2022, but a hearing remains

Former § 5903, which required publication before filing, was repealed
effective April 28, 2022. The current packet contains no publication step.

After a complete filing, the clerk assigns a hearing date. The adult must
appear and check in 30 minutes before the scheduled time. Under § 5904(a),
the court may grant the petition after the chapter's requirements have been
met and no reason appears not to grant it.

Chapter 59 does not require a background report

Neither the complete current chapter nor the packet requires fingerprints, a
state or FBI record check, or a sex-offender-registry report. The petition does
ask whether charges are pending and whether the adult is under Department of
Correction supervision. Those disclosures should not be expanded into the
broader criminal-history questions found in some unofficial forms.

Department of Correction supervision creates a narrow track

For a person under Department of Correction supervision, § 5901(c)
abrogates the common-law name-change route. The Court of Common Pleas may grant
the petition only after testimony or sworn affidavits establish that it is
motivated by a sincerely held religious belief or gender identity. The court
must give the Department notice and an opportunity to oppose.

After a grant under that subsection, the person must give all previously held
or adopted names as well as the legal name when signing a legal document or
giving information to law enforcement. The Department may continue its files
and institutional references under the names used when supervision began.

The packet fee includes certified orders

The current filing fee is $85. It includes the original signed order and
eight certified copies; additional certified copies cost $10 each.
Section 5905 places the proceeding's costs on the petitioner. The current name-
change packet does not identify a fee-waiver form or procedure, so a person who
cannot pay should ask the county clerk whether any general civil relief is
available before filing.

What trips people up

• The old publication rule is repealed. A form that still demands three
  weekly prefiling notices is using the law from before April 28, 2022.
• Residence is more specific on the form. The statute says county of
  residence; the current court petition requires more than six months in that
  county.
• Supervision is not the same as any criminal record. The special statutory
  restriction turns on current Department of Correction supervision, while the
  ordinary form separately asks about pending charges.
• A terminology amendment is already scheduled. On December 6, 2026,
  § 5901(b)(2) changes "paternity" to "parentage" in the Family Court carve-out;
  the stand-alone adult Court of Common Pleas route does not change.

Common questions

Must I publish in a Delaware newspaper?

No. The former publication section was repealed in 2022, and the current court
packet has no publication step.

Do I need fingerprints or a criminal-background report?

Not under Chapter 59 or the current packet. The form instead asks about pending
charges and Department of Correction supervision.

Is a hearing required?

The current packet says the court will assign a hearing date and directs the
adult to appear 30 minutes early.

Statutes and sources

• 10 Del. C. §§ 5901, 5903-5905 — court, verified petition, Department of
  Correction track, repeal of publication, grant standard, and costs.
  Official Chapter 59
  (accessed July 26, 2026).
• Delaware Court of Common Pleas Change of Name Petition Packet — six-month
  county residence, petition and affidavit fields, supporting documents,
  hearing, $85 filing fee, and certified copies.
  Official packet
  (accessed July 26, 2026).