Adult Legal Name Change Requirements in Pennsylvania
At a glance
| Governing law and court | 54 Pa.C.S. ch. 7, principally §§ 701-702. File in the Court of Common Pleas of the county where the petitioner resides (§§ 701(a.1)(1), 702(a)) |
|---|---|
| Who may petition and residency | A county resident may petition; no minimum residence duration, but the petition lists the current residence and every residence during the preceding five years. A spouse may join (§ 701(a.1)(1)-(2)) |
| Petition contents and oath | State the intent and reason for the change, current residence, all residences for the prior five years, and whether a safety-based notice waiver is requested (§ 701(a.1)(2)). The statute does not prescribe an oath; the current Philadelphia packet uses a verification under 18 Pa.C.S. § 4904(b) |
| Criminal background check | Mandatory fingerprints. The court sends the application and fingerprints to State Police; police check Chapter 91 criminal-history information, update a matching record or destroy the prints if none, and certify action within 60 days. Petitioner pays the cost (§ 702(b)) |
| Publication or notice | Court orders notice of filing and hearing published in two general-circulation newspapers in the resident county or a contiguous county; one may be the county legal-notice paper. Bring proof to the hearing unless safety waiver granted (§ 701(a.1)(3)-(4)) |
| Safety, confidentiality, and special tracks | If notice would jeopardize the safety of the petitioner or the petitioner's child or ward, the court waives notice and seals the file; no public access whether or not the petition is granted, with reopening only for good cause or at the applicant's request (§ 701(a.1)(3)(iii)). No express current gender-identity publication exemption |
| Hearing and grant standard | Mandatory hearing not less than one month and not more than three months after filing. Objectors may appear; petitioner presents publication proof and official five-year county searches. Court may grant if no lawful objection (§ 701(a.1)(3)-(5)) |
| Grounds for denial or restriction | Felony: pardon or at least two calendar years after sentence completion while off all probation/parole. Section 702(c)(2) permanently bars orders for its listed homicide, sexual, violent, arson, kidnapping, vehicle-robbery, attempt, conspiracy, solicitation, and equivalent offenses |
| Fee and post-order effect | County-set filing fee: current official examples are $142 in Pike County and $349.23 for a Philadelphia adult name-change petition; fingerprinting, two publications, searches, and copies are extra. Pa.R.C.P. 240 permits in-forma-pauperis relief. For a felony order, court notifies Attorney General, State Police, and resident-county DA (§ 702(c)(3)) |
Requirements one by one
File in the resident county and disclose five years of addresses
The petition goes to the Court of Common Pleas where the petitioner lives. It states the requested change and reason, current residence, and every residence during the prior five years. A spouse may join the same petition. The statute does not impose a minimum number of months in the county. See § 701(a.1)(1)-(2).
Section 701 does not prescribe an oath. The current Philadelphia packet uses a verification subject to 18 Pa.C.S. § 4904(b), so use the current prothonotary packet rather than a generic petition.
Fingerprints start a State Police review
Before approval, the court sends a duplicate application and fingerprint set to the Pennsylvania State Police. The police check Chapter 91 criminal-history information, mark a matching record or destroy the prints if no record exists, and certify the action to the court within 60 days. The petitioner pays this cost under § 702(a)-(b).
Publish in two newspapers and obtain record searches
The court sets a hearing one to three months after filing and orders notice in two general-circulation newspapers in the resident county or a contiguous county. One may be the official legal-notice paper. At the hearing, the petitioner presents publication proof and official searches from the current county and every county of residence during the prior five years showing no judgments, decrees, or similar matters. See § 701(a.1)(3)-(5).
A safety finding waives notice and seals the file
If notice would jeopardize the safety of the petitioner or the petitioner's child or ward, the court waives notice and seals the case. The statute bars public access whether or not the name change is granted; reopening requires good cause or the applicant's request.
Current law does not create an automatic publication exemption solely because the requested name conforms to gender identity. Pending HB 1315 and SB 521 would add one. A separate pending pair, HB 845 and SB 448, would create an optional sealed Department of Health route without newspaper publication.
Felony history can delay or bar the order
For a felony not on the permanent-bar list, the petitioner needs a pardon or at least two calendar years after completing the sentence and must be outside all probation or parole jurisdiction. The homicide, sexual, violent, arson, kidnapping, vehicle-robbery, inchoate, and equivalent offenses listed in § 702(c) bar a court-ordered change.
If a felony name change is granted, the court notifies the Attorney General, State Police, and the district attorney of the petitioner's county.
Pending HB 845 and SB 448 would remove the two-year waiting period and the permanent offense list. Their replacement standard would require sentence completion and no probation or parole, or a pardon.
Filing and related costs vary by county
Current official examples show $142 to commence an action in Pike County and $349.23 for a petition action in Philadelphia. Fingerprinting, two newspaper notices, multi-county searches, and certified copies are additional. Confirm the current total with the prothonotary.
A person without resources may seek in-forma-pauperis status under Pa.R.C.P. 240(a)-(c), (f), which can excuse court and public-officer fees. It does not necessarily eliminate private newspaper charges.
What trips people up
- The hearing cannot be set immediately. The statute uses a one-to-three- month window, while the police have up to 60 days to certify their action.
- Publication and record searches are different steps. Proof of both belongs at the hearing unless the safety waiver removes publication.
- Five years follows the petitioner across county lines. Every county of residence in that period needs the official search.
- Court fees are not the whole cost. Fingerprints, newspapers, searches, and certified decrees may exceed the filing fee.
Common questions
Is one newspaper enough?
No. Section 701 requires two general-circulation newspapers, although one may be the county's official legal-notice paper.
Can publication be waived for safety?
Yes. The court must first find that notice would jeopardize the safety of the petitioner or a child or ward; granting the waiver also seals the file.
Are fingerprints required if I have no criminal record?
Yes for the ordinary adult court-order route. If no Chapter 91 record is found, State Police must destroy the fingerprints.
Statutes and sources
- 54 Pa.C.S. § 701 — petition, publication, safety waiver, hearing, searches, and no-lawful-objection standard. Official Chapter 7 (accessed 2026-08-08).
- 54 Pa.C.S. § 702 — fingerprints, State Police response, felony eligibility, permanent bars, and agency notice. Official section (accessed 2026-08-08).
- Pa.R.C.P. 240 — in-forma-pauperis procedure and fee relief. Official Supreme Court rules-committee publication reproducing the rule (accessed 2026-08-08).
- 18 Pa.C.S. § 4904 and the Philadelphia adult packet — statutory basis and current local verification language. Official section 4904; official Philadelphia packet (accessed 2026-08-08).
- Current official fee examples — $142 Pike commencement fee and $349.23 Philadelphia petition-action fee. Pike schedule; Philadelphia schedule (accessed 2026-08-08).
Source links
Every statute quoted above, linked, with the date we checked it.
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