Adult Legal Name Change Requirements in Texas
At a glance
| Governing law and court | Tex. Fam. Code ch. 45, subch. B (§§ 45.101-.104). File through the district clerk in the county of residence; the assigned court may be a district court or county court at law with jurisdiction, depending on local structure (State Law Library; TexasLawHelp forms) |
|---|---|
| Who may petition and residency | An adult may petition in the county of the adult's place of residence; Chapter 45 states no minimum residence duration (§ 45.101) |
| Petition contents and oath | Verified petition stating current name/residence, requested name, reason, felony-conviction and sex-offender-registration status, fingerprints, full identity data, all driver-license numbers from the preceding 10 years, criminal-system identifiers, every charge above Class C misdemeanor, and related warrant/charging case and court information; a reasonable explanation may substitute for missing subsection (b) information (§ 45.102(a)-(b)) |
| Criminal background check | Mandatory fingerprint architecture. Attach one complete DPS/FBI-format card to the petition; after filing, send another card, a court-stamped petition, and $27 to DPS for $15 state and $12 federal checks. DPS sends results directly to the court; fingerprint service is currently $20 for two cards (§ 45.102(a)(6); DPS CR-65) |
| Publication or notice | No newspaper publication in Chapter 45. A person subject to Chapter 62 sex-offender registration must prove notice to the appropriate local law-enforcement authority before the court may grant the change (§ 45.103(c)) |
| Safety, confidentiality, and special tracks | An Attorney General Address Confidentiality Program participant may omit the residential street address and reason by attaching the authorization card; the requested change is presumed to benefit the petitioner and public, and the resulting order is confidential (§§ 45.102(c), 45.103(a-1), (c-1)). Chapter 45 creates no separate gender-identity publication or hearing track |
| Hearing and grant standard | For an ordinary petitioner without a final felony conviction or Chapter 62 registration, the court shall order the change if it benefits the petitioner and is in the public interest (§ 45.103(a)). Chapter 45 states no universal hearing mandate; the State Law Library says some counties use virtual or in-person hearings, so local court practice controls |
| Grounds for denial or restriction | Final felony conviction: meet the general standard and show pardon, at least two years after discharge/completion of supervision or juvenile probation, or request the primary criminal-history name. Chapter 62 registrant: meet the general standard or request the primary criminal-history name and prove local law-enforcement notice (§ 45.103(b)-(c)). Fraud, evasion, and creditor avoidance fail the benefit/public-interest standard |
| Fee and post-order effect | Court filing fee varies by county, commonly about $150-$300; an inability-to-pay statement may waive court costs. Separate current costs include $20 fingerprinting and $27 DPS/FBI processing. The order does not release prior liabilities or defeat prior rights (§ 45.104); agencies are not notified automatically, so obtain certified proof and update records separately (State Law Library; TexasLawHelp) |
Requirements one by one
File a verified petition in the county where you live
Texas Family Code Chapter 45 lets an adult file in the county of the adult's place of residence and states no minimum residence period. The State Law Library says filing usually goes through the district clerk; depending on local court structure, the case caption may be in district court or a county court at law with jurisdiction.
The petition is verified and unusually detailed. In addition to current and requested names, residence, reason, felony status, and sex-offender-registration status, it asks for identity numbers and every charge above Class C misdemeanor, with the related case and court when a warrant or charging instrument exists. Section 45.102 permits a reasonable explanation when subsection (b) information cannot be supplied.
Fingerprints start a separate DPS and FBI workflow
The petition must include one complete fingerprint card acceptable to DPS and the FBI. Current DPS instructions call for two cards to be produced: one is attached to the petition, while the second is mailed to DPS after filing with a court-stamped copy of the petition and the processing payment. DPS sends the state and federal results directly to the court.
Current listed costs are $20 for the two-card fingerprint service and $27 for the DPS/FBI checks ($15 state plus $12 federal). These are separate from the county court filing fee.
Texas requires no newspaper publication
Chapter 45 has no newspaper-publication step for an adult petition. A person subject to Chapter 62 sex-offender registration instead has a targeted notice requirement: the petitioner must prove notice to the appropriate local law- enforcement authority before the court may grant the change.
An ordinary hearing is not mandated in every county by Chapter 45. The State Law Library says some counties conduct virtual or in-person hearings, so the petitioner must follow the assigned court's local procedure.
Address Confidentiality Program participants receive statutory privacy
A qualifying program participant may omit the street address and the reason for the change by attaching the authorization card. The statute presumes that such a change benefits the petitioner and the public, and the resulting order is confidential even if program participation later ends.
Chapter 45 does not create a separate gender-identity publication, form, or hearing track. The same adult petition and standards apply unless another specific provision governs the petitioner.
Criminal history changes the eligibility findings
For an ordinary petitioner without a final felony conviction or Chapter 62 registration, the court shall grant the change if it is in the petitioner's interest or benefit and in the public interest.
A final felony conviction requires the general standard plus a pardon, at least two years after discharge or completion of supervision or juvenile probation, or a request to use the primary name in the petitioner's criminal-history record. A Chapter 62 registrant must meet the general standard or request that primary criminal-history name and must prove local law-enforcement notice.
Court fees vary by county
TexasLawHelp reports an adult filing fee of roughly $150-$300, depending on the county, and directs filers to confirm the exact amount with the district clerk. A low-income petitioner may file a Statement of Inability to Afford Payment of Court Costs.
The name-change order does not erase liabilities incurred under the prior name or defeat rights held under it. Agencies are not notified automatically; the petitioner obtains certified proof from the clerk and updates each record separately.
What trips people up
- One fingerprint card is not the whole workflow. A second card and a stamped petition go to DPS after the case is filed.
- Court, fingerprint, and background-check fees are separate. The county filing fee does not include the current $20 and $27 charges.
- TexasLawHelp's form is a statewide sample, not a statute-created mandatory Judicial Council form. Check the local clerk's packet and procedure.
- A felony is not an automatic lifetime bar. Section 45.103 supplies discharge, supervision-completion, pardon, and primary-record-name routes.
Common questions
Must I publish the petition in a newspaper?
No. Texas Chapter 45 contains no adult newspaper-publication requirement.
Will I have to attend a hearing?
Possibly. The statute does not impose one universal procedure, and the State Law Library says some counties use virtual or in-person hearings. Confirm with the assigned clerk and court.
Are the fingerprint results sent to me?
No. DPS's current instructions say non-reject responses are sent directly to the court.
Statutes and sources
- Tex. Fam. Code §§ 45.101-.102, including §§ 45.102(c) — county residence, verified petition, identity and criminal information, fingerprints, and ACP omissions. Official Chapter 45 (accessed 2026-07-26).
- Tex. Fam. Code § 45.103, including § 45.103(b)-(c) — ordinary grant standard, ACP presumption and confidentiality, felony route, and Chapter 62 notice. Official Chapter 45 (accessed 2026-07-26).
- Tex. Fam. Code § 45.104 — prior liabilities and rights remain intact. Official Chapter 45 (accessed 2026-07-26).
- Texas DPS Form CR-65 — two-card workflow, $20 fingerprinting, $27 state/ federal checks, required mailing, and direct-to-court results. Official DPS guide (accessed 2026-07-26).
- Texas State Law Library, Adults — Name Changes in Texas — district-clerk route, court-varying steps, inability-to-pay filing, and some-county hearings. Official guide (accessed 2026-07-26).
- TexasLawHelp adult toolkit — sample forms, county-varying fee range, inability-to-pay form, and separate record updates. Current toolkit (accessed 2026-07-26).
Source links
Every statute quoted above, linked, with the date we checked it.
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