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VA Code Ann. § 8.01-217
§ 8.01-217. How name of person may be changed

1. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such person may apply to any circuit court which shall consider such application if it finds that good cause exists therefor under the circumstances alleged. Applications of probationers and incarcerated persons may be accepted if the court finds that good cause exists for such application. An incarcerated person may apply to the circuit court of the county or city in which such person is incarcerated. In case of a minor who has no living parent or guardian, the application may be made by his next friend. In case of a minor who has both parents living, the parent who does not join in the application shall be served with reasonable notice of the application pursuant to § 8.01-296 and, should such parent object to the change of name, a hearing shall be held to determine whether the change of name is in the best interest of the minor. It shall not be necessary to effect service upon any parent who files an answer to the application. If, after application is made on behalf of a minor and an ex parte hearing is held thereon, the court finds by clear and convincing evidence that such notice would present a serious threat to the health and safety of the applicant, the court may waive such notice.
   
   
2. Every application shall be under oath and shall include the place of residence of the applicant, the names of both parents, including the maiden name of his mother, the date and place of birth of the applicant, the applicant's felony conviction record, if any, whether the applicant is presently incarcerated or a probationer with any court, and if the applicant has previously changed his name, his former name or names.
   
   
3. On any such application and hearing, if such be demanded, the court, shall, unless the evidence shows that the change of name is sought for a fraudulent purpose or would otherwise infringe upon the rights of others or, in a case involving a minor, that the change of name is not in the best interest of the minor, order a change of name. The order shall contain no identifying information other than the applicant's former name or names, new name, and current address. The clerk of the court shall spread the order upon the current deed book in his office, index it in both the old and new names, and transmit a certified copy of the order and the application to the State Registrar of Vital Records and the Central Criminal Records Exchange. Transmittal of a copy of the order and the application to the State Registrar of Vital Records and the Central Criminal Records Exchange shall not be required of a person who changed his or her former name by reason of marriage and who makes application to resume a former name pursuant to § 20-121.4.
   
   
4. If the applicant shall show cause to believe that in the event his change of name should become a public record, a serious threat to the health or safety of the applicant or his immediate family would exist, the chief judge of the circuit court may waive the requirement that the application be under oath or the court may order the record sealed and direct the clerk not to spread and index any orders entered in the cause, and shall not transmit a certified copy to the State Registrar of Vital Records or the Central Criminal Records Exchange. Upon receipt of such order by the State Registrar of Vital Records, for a person born in this Commonwealth, together with a proper request and payment of required fees, the Registrar shall issue certifications of the amended birth record which do not reveal the former name or names of the applicant unless so ordered by a court of competent jurisdiction. Such certifications shall not be marked "amended" and show the effective date as provided in § 32.1-272. Such order shall set forth the date and place of birth of the person whose name is changed, the full names of his parents, including the maiden name of the mother and, if such person has previously changed his name, his former name or names.
   

In general

Reasoning that proposed name change contravenes society's substantial interest in the easy identification of persons is premised on the erroneous compelling need standard and is not a basis for denying proposed change. Code 1950, § 8-577.1, Acts 1977, c. 457. In re Miller, 1978, 243 S.E.2d 464, 218 Va. 939. Names 20 An applicant is entitled to protection of name change statute even though there are other statutes which may offer a similar form of relief. Code 1950, § 8-577.1, Acts 1977, c. 457. In re Miller, 1978, 243 S.E.2d 464, 218 Va. 939. Names 20

Construction with other laws

Relief afforded by statute relating to transaction of business under an assumed name is not coextensive with that afforded by statute governing name change procedure. Code 1950, § 8-577.1, Acts 1977, c. 457; § 59.1-69 et seq. In re Miller, 1978, 243 S.E.2d 464, 218 Va. 939. Names 20

Parental objection to name change
Best interest of minor

A parent petitioning to change the surname of a minor may prove that the name change is in the best interest of the minor by showing that: (1) the parent sharing his or her surname with the minor has abandoned the natural ties ordinarily existing between parent and child; (2) the parent sharing his or her surname with the minor has engaged in misconduct sufficient to embarrass the minor in the continued use of the parent's name; (3) the minor otherwise will suffer substantial detriment by bearing the surname he or she currently bears; or (4) the minor is of sufficient age and discretion to make an intelligent choice and desires that his or her name be changed. Spero ex rel. Spero v. Heath, 2004, 593 S.E.2d 239, 267 Va. 477. Names 20

Resumption of maiden name

To reason that a name change for a woman from her married to her maiden name would have an embarrassing effect on her children is pure speculation and is not a basis for denying change. Code 1950, 8-577.1, Acts 1977, c. 457. In re Miller, 1978, 243 S.E.2d 464, 218 Va. 939. Names 20 Exercise of discretion with respect to an application for a name change must be based on evidence, not speculation, that a change of name will infringe upon rights of others. Code 1950, § 8-577.1, Acts 1977, c. 457. In re Miller, 1978, 243 S.E.2d 464, 218 Va. 939. Names 20

Presumptions and burden of proof

There is no presumption that a minor child should have the father's surname or that the mother always bears the burden of proof for or against a petition for name change. Spero ex rel. Spero v. Heath, 2004, 593 S.E.2d 239, 267 Va. 477. Names 18; Names 20

Current through End of 2011 Regular Session and includes 2011 Sp. S. I, c. 1.

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