Adult Legal Name Change Requirements in Indiana
At a glance
| Governing law and court | Ind. Code ch. 34-28-2. File in a circuit, superior, or probate court of the county where the petitioner resides (§§ 34-28-2-1, -2(a)(3)) |
|---|---|
| Who may petition and residency | Adult natural person residing in the filing county; no minimum residence period stated. A person confined in a Department of Correction facility may not petition (§§ 34-28-2-1, -1.5(b), -2) |
| Petition contents and oath | Sworn before notary/authorized officer and under perjury penalties. State birth date, residence/mailing addresses, Indiana license/ID number, all prior names, U.S.-citizenship proof, valid-passport status, and every felony conviction (§§ 34-28-2-2(a), -2.5) |
| Criminal background check | Conditional. Felony within 10 years: notify resident-county sheriff and prosecutor plus state criminal-history repository at least 30 days before hearing; repository notice includes full fingerprints and the repository sends records to court (§ 34-28-2-3(c)-(e)) |
| Publication or notice | Three weekly publications in a county newspaper, or nearest adjoining-county newspaper if none; last publication at least 30 days before hearing. File published notice plus disinterested-person affidavit (§§ 34-28-2-3(a), -4(a)) |
| Safety, confidentiality, and special tracks | Verified A.C.R. Rule 6 request may seek exclusion and publication relief when access creates significant risk of harm; public notice/hearing and clear-and-convincing findings are required if not summarily denied. No separate statutory gender-identity track |
| Hearing and grant standard | Hearing follows proof of publication; court enters the order it determines just and reasonable (§ 34-28-2-4(a)). Last publication must precede hearing by at least 30 days (§ 34-28-2-3(a)(3)) |
| Grounds for denial or restriction | DOC confinement bars petition. Lifetime sex/violent offender generally barred; a sincerely held religious-belief exception applies only when not currently required to register, with notice to law enforcement in conviction and residence counties (§ 34-28-2-1.5) |
| Fee and post-order effect | 2026 statewide manual lists $157 total civil fees, plus newspaper cost; indigent civil filer may obtain fee/cost relief under § 33-37-3-2. Certified decree proves the name; court sends adult decree to resident county circuit clerk/registration board; other agency updates are separate (§ 34-28-2-5) |
Requirements one by one
File a sworn petition in the resident county
Under § 34-28-2-1 and § 34-28-2-2, the adult files in a circuit, superior, or probate court in the county of residence. The chapter states no minimum residence period. The petition must be sworn under penalties of perjury before a notary or another person authorized to administer oaths.
Section 34-28-2-2.5 requires the birth date, residence and mailing addresses, Indiana driver's-license or qualifying ID number, every prior name, proof of U.S. citizenship, valid-passport status, and every felony conviction from any state or federal court. The current court-linked packet also asks for the current and requested names and whether the petitioner seeks a corresponding birth-record change.
Publish three times and then attend the hearing
Section 34-28-2-3(a) requires notice once a week for three weeks in a general-circulation newspaper published in the filing county. If the county has none, use the nearest newspaper in an adjoining county. The last publication must occur at least 30 days before the hearing.
The petitioner proves publication by filing the notice and a disinterested person's affidavit. Under § 34-28-2-4, the court then hears the petition and enter the order it finds just and reasonable. Indiana sets no separate minimum period of county residence, but publication creates a minimum hearing timeline.
A recent felony triggers notices and fingerprints
A petitioner with a felony conviction during the ten years before filing must, at least 30 days before the hearing, notify the sheriff and prosecutor in the county of residence and the Indiana central criminal-history repository. The repository submission includes the present and requested names, birth date, address, physical description, and a full set of classifiable fingerprints. The repository sends any criminal record to the court. See § 34-28-2-3(c)-(e).
This conditional procedure differs from the all-felony petition disclosure. Every felony judgment must be listed, even when it is older than ten years and does not trigger the fingerprint-and-notice track.
Safety protection requires a separate Rule 6 showing
Name-change filings are ordinarily public. A petitioner facing a significant risk of harm may submit a verified request under Access to Court Records Rule 6 to exclude the case from public access and seek relief from the ordinary publication step. The request is confidential while the court decides it.
If the court does not deny the request immediately, the procedure requires notice, a public hearing, and a written order supported by clear and convincing evidence. The judge must balance public access against the demonstrated risk and use the least restrictive means and duration. This is a safety-based rule, not a separate statutory name-change track limited to a particular identity.
Confinement and registration status can bar filing
Section 34-28-2-1.5(b) bars a person confined in a Department of Correction facility from petitioning. It also generally bars a lifetime sex or violent offender. A narrow sincerely held religious-belief route exists for a lifetime offender who is not currently required to register; that petitioner must notify local law enforcement in both the conviction county and residence county.
The religious exception does not apply while the person is currently required to register as a sex offender.
The court and agencies receive different records
The 2026 Indiana Trial Court Fee Manual lists $157 in total civil filing fees; newspaper publication is a separate expense. Under § 33-37-3-2, an indigent civil petitioner may file a sworn statement requesting relief from fees and court costs.
A certified decree is sufficient evidence of the new name in Indiana courts. For a petitioner at least 17, the court sends the final decree to the circuit clerk or registration board in the county of residence. Other updates remain separate. The BMV requires Social Security to be updated first and accepts an original or certified court order at a branch.
What trips people up
- The ten-year period controls the extra background procedure, not the basic disclosure. Every felony is listed; only a felony within ten years triggers the sheriff, prosecutor, repository, and fingerprint steps.
- Three publications do not mean the hearing can follow immediately. The last one must be at least 30 days before the scheduled hearing.
- A safety request is not a checkbox waiver. Rule 6 requires a verified record, notice, a hearing unless summarily denied, and clear-and-convincing findings.
- A lifetime registration label and a current duty to register are distinct. The religious-belief exception is unavailable during a current registration duty.
Common questions
Does every adult need fingerprints?
No. The Chapter 2 fingerprint requirement applies when the petitioner has had a felony conviction within the ten years before filing.
Does the decree automatically update my driver's license?
No. Update Social Security first, wait at least one business day, and then take an original or certified supporting document to a BMV branch.
Can the filing fee be waived?
An indigent civil petitioner may file the sworn statement described in § 33-37-3-2 to seek relief from required fees and court costs. Newspaper charges may require separate handling.
Statutes and sources
- Ind. Code §§ 34-28-2-1 to -5 — filing courts, petition contents, incarceration and registration restrictions, publication, conditional felony notices and fingerprints, hearing, decree, and transmission. Official 2026 chapter (accessed 2026-07-26).
- Indiana Rules on Access to Court Records, Rule 6 — verified safety request, interim confidentiality, notice, public hearing, clear-and-convincing burden, and least-restrictive order. Official July 1, 2026 bench card (accessed 2026-07-26).
- Clark County Clerk adult packet — current court-approved forms and instructions for requesting a safety-based publication waiver and sealed record. Official county-hosted packet (accessed 2026-07-26).
- Ind. Code § 33-37-3-2 — indigent civil filing without required fees or court costs. Official 2026 chapter (accessed 2026-07-26).
- Indiana Trial Court Fee Manual — current $157 total civil fees. Official manual current through the 2026 session (accessed 2026-07-26).
- Indiana BMV — separate name-update sequence and original-or-certified document requirement. Official current guidance (accessed 2026-07-26).
Source links
Every statute quoted above, linked, with the date we checked it.
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