SB 217

This bill provides an exception to the requirement that notices of name change petitions must be published for an individual who is seeking a name change to conform with the individual’s gender identity.

Under current law, an individual who is a resident of this state generally is entitled to petition the court of the county in which the individual resides to have the individual’s name changed or established if no sufficient cause is shown to the contrary. Currently, the individual must, before petitioning the court, publish a notice stating the nature of the petition and when and where the petition will be heard. The individual must publish the notice in a local newspaper once a week for three consecutive weeks. Current law provides an exception to the publication requirement for an individual who 1) requests that the petition remain confidential, 2) shows that publication of the petition could endanger the individual, and 3) shows that the individual is not seeking a name change in order to avoid a debt or conceal a criminal record. Under current law, if the court determines that the individual is not required to publish notice, all records related to the individual’s name change are generally confidential and exempt from disclosure under the state public records law.

This bill provides an additional exception to the publication requirement for an individual who shows that the individual is seeking a name change to conform with the individual’s gender identity. Under the bill, an individual who requests a confidential name change on that basis also must show that the individual is not seeking a name change in order to avoid a debt or conceal a criminal record, but the individual need not show that publication of the petition could endanger the individual.