Adult Legal Name Change Requirements in South Dakota

At a glance

Requirements one by one

File a verified petition after six months in the county

Under SDCL §§ 21-37-2 and 21-37-3, an adult must have been a bona fide resident of the filing county for the six months immediately before filing. The petition goes to that county's circuit court and states the reason for the change and the proposed name.

Current UJS-025 asks for the adult's current, birth-record, and proposed names; date, place, and gender at birth; parents' birth-record names and available birth facts; current address; county-residence period; reason; optional safety- track facts; and any requested birth-record amendment. The adult verifies good faith and no fraudulent, illegal, identity-hiding, creditor-evasion, or agency- evasion purpose and signs under penalty of perjury.

Publish the hearing notice four times

Under § 21-37-4, the notice must state the hearing's time, place, and object and the adult's old and proposed names. It runs once each week for four successive weeks in a legal newspaper of the resident county.

The April 2026 UJS instructions suggest scheduling the hearing about six weeks out. A judge or clerk signs UJS-026. After publication, the newspaper supplies an affidavit that must be filed no later than the hearing. Insufficient time can force rescheduling and another publication expense.

Attend the open-court hearing

The adult attends and testifies under oath. Under § 21-37-5, the judge must enter the order after satisfactory proof that notice was given, the petition's allegations are true, and proper and reasonable cause exists.

Chapter 21-37 and current UJS-025 do not require fingerprints or a criminal- history report. The official petition also does not ask for convictions, registry status, or Department of Correction supervision.

A victim-safety route can remove publication and open court

Under § 21-37-5.2, an adult human-trafficking or domestic-abuse victim may ask to proceed without publication or an open-court hearing. The adult must show a particularized need for the change to protect against the perpetrator; the court must also find best interests and no fraudulent purpose.

For good cause, the court may seal the petition and order. It may also seal the original birth certificate and supporting evidence if a new certificate is obtained. The records may later be opened only by court order for good cause or at the petitioner's request.

The current court cost is $72 and may be waived

The statewide schedule effective July 14, 2025 lists $72 total: a $25 filing fee, $40 court-automation surcharge, and $7 law-library fee. Publication and certified-copy costs are separate; § 21-37-10 places chapter costs on the petitioner. UJS supplies a Motion, Affidavit, and Order asking the judge to waive the filing and service fees based on finances.

Once the signed order is filed, UJS says the adult is legally known by the new name. Under § 21-37-1, the change does not alter pending proceedings or existing rights, titles, or interests. A requested birth-record amendment is a separate post-order step.

What trips people up

• Four publications means four successive weeks. The newspaper affidavit must reach the court by the hearing.
• The safety route changes both publicity rules. A qualifying order can remove newspaper publication and an open-court hearing, then seal records for good cause.
• Do not add criminal disclosures from an unofficial form. Current UJS-025 has no general conviction, registry, or corrections questionnaire.
• The court fee changed. The current official total is $72, not the older $70 figure still shown in some guides.

Common questions

Is a hearing mandatory?

Ordinarily, yes. The adult attends an open-court hearing and testifies under oath. The statutory victim-safety route can permit a non-open-court process.

Can publication be waived for safety?

Yes, for a qualifying human-trafficking or domestic-abuse victim who shows the particularized protection need required by § 21-37-5.2.

Does South Dakota require fingerprints?

No fingerprint or criminal-history report appears in Chapter 21-37 or current UJS-025.

Statutes and sources

• SDCL §§ 21-37-1 to 21-37-5, 21-37-5.2, and 21-37-10 — court, residence, petition, four-week publication, hearing, grant standard, victim-safety route, sealing, order effect, and costs. Official Chapter 21-37 (accessed July 26, 2026).
• South Dakota UJS adult-name-change instructions — current UJS-025 fields, publication mechanics, affidavit, hearing, order, and birth-record option. Official UJS-024 packet (accessed July 26, 2026).
• South Dakota UJS cost and waiver pages — $72 total filing cost and the judicial filing-fee waiver motion. Official cost schedule and official waiver guidance (accessed July 26, 2026).
• SDCL § 34-25-51 — optional vital-record amendment authority and delayed- amendment fee. Official section (accessed July 26, 2026).