Chapter 2717 | Change Of Name

Section 2717.01 | Definitions.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

As used in this chapter:

(A) "Application" means, as context requires, an application under section 2717.02, 2717.04, or 2717.13 of the Revised Code.

(B) "Applicant" means, as context requires, a person who makes the filing under section 2717.02 or 2717.04 of the Revised Code, or the minor on whose behalf a filing is made under section 2717.13 of the Revised Code.

(C) "Conform" means to make a person's legal name consistent in all official identity documents by correcting a misspelling, inconsistency, or other error in an official identity document.

(D) "Official identity document" means a birth record, marriage record, divorce decree, driver's license, state issued identification card, social security card with the social security number redacted, passport, or any other official government-issued document required or commonly used to verify a person's identity.

(E) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.

Last updated August 17, 2021 at 4:00 AM

Section 2717.02 | Application for change of name allowed.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

A person desiring to change the person's name may file an application in the probate court of the county in which the person resides.

Last updated May 21, 2021 at 10:04 AM

Section 2717.03 | Contents of application for change of name.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

Subject to sections 2717.07 and 2717.19 of the Revised Code, an application for a change of name shall set forth all of the following:

(A) That the applicant has been a bona fide resident of the county for at least sixty days prior to the filing of the application.

(B) The reason for which the change of name is sought.

(C) The requested new name.

Last updated May 21, 2021 at 10:05 AM

Section 2717.04 | Application to conform legal name allowed.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

A person desiring to conform the person's legal name on an official identity document may file an application in the probate court of the county in which the person resides.

Last updated May 21, 2021 at 10:05 AM

Section 2717.05 | Contents of application to conform legal name.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

Subject to sections 2717.07 and 2717.19 of the Revised Code, an application to conform a legal name shall set forth all of the following:

(A) That the applicant has been a bona fide resident of the county where the applicant is filing for at least sixty days prior to the filing of the application.

(B) An explanation of the misspelling, inconsistency, or other error in the name.

(C) A description of the correction sought to conform the name on all official identity documents.

Last updated May 21, 2021 at 10:06 AM

Section 2717.06 | Supporting affidavit.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

(A) An application shall be supported by an affidavit verifying all of the following:

(1) The applicant's residency in the county for a period of at least sixty days;

(2) That the application is not made for the purpose of evading any creditors or other obligations;

(3) That the applicant is not a debtor in any currently pending bankruptcy proceeding;

(4) That all of the documentary evidence submitted under section 2717.07 of the Revised Code with the application is true, accurate, and complete;

(5) Any other information the court may require.

(B) The affidavit supporting a legal name change application shall also verify that the applicant has not been convicted of, pleaded guilty to, or been adjudicated a delinquent child for identity fraud or does not have a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant was convicted of, pleaded guilty to, or was adjudicated a delinquent child for having committed a sexually oriented offense or a child-victim oriented offense.

Last updated May 21, 2021 at 10:06 AM

Section 2717.07 | Evidence of identity.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

A probate court by local rule or order may require an applicant to submit a copy of any or all of the applicant's official identity documents or other documentary evidence relating to the applicant's identity that the court deems relevant to the application.

Last updated May 21, 2021 at 10:07 AM

Section 2717.08 | Hearing.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

The probate court may hold a hearing on an application. Except as provided in sections 2717.11 and 2717.14 of the Revised Code, if the court requires a hearing, it shall set the manner, scope, and content of the hearing notice the applicant must serve.

Last updated May 21, 2021 at 10:09 AM

Section 2717.09 | Court order.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

Except as provided under section 2717.16 of the Revised Code, upon proof that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant and, if applicable, upon proof that proper notice was served, the court may order the change of name.

Last updated May 21, 2021 at 10:09 AM

Section 2717.10 | Misspelling, inconsistency, or other error.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

Upon proof that the facts set forth in the application show that a misspelling, inconsistency, or other error of the applicant's legal name on an official identity document exists, and that reasonable and proper cause exists for issuing an order that resolves the discrepancy and conforms the applicant's legal name, the court may issue an order to conform the name of the person.

Last updated May 21, 2021 at 10:13 AM

Section 2717.11 | Sealing records.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

If an applicant submits to the court, along with the application, satisfactory proof that open records of the name change or conformity, or publication of the hearing notice under section 2717.08 of the Revised Code, would jeopardize the applicant's personal safety, both of the following apply:

(A) The court shall waive the hearing notice requirement.

(B) If the court orders the change of name under section 2717.09 of the Revised Code or the name conformity under section 2717.10 of the Revised Code, the court shall order the records of the proceeding to be sealed and to be opened only by order of the court for good cause shown or at the request of the applicant for any reason.

Last updated May 21, 2021 at 10:14 AM

Section 2717.13 | Application to change or conform allowed on behalf of minor.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

An application for change of name under section 2717.02 of the Revised Code or to conform a name under section 2717.04 of the Revised Code may be made on behalf of a minor by either of the minor's parents, a legal guardian, a legal custodian, or a guardian ad litem.

Last updated May 21, 2021 at 10:14 AM

Section 2717.14 | Application on behalf of minor.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

(A) When an application is made on behalf of a minor, in addition to the proof required under sections 2717.03 or 2717.05 of the Revised Code and, if applicable, proof of the notice given under section 2717.08 of the Revised Code, the consent of both living, legal parents of the minor shall be filed, or notice of the hearing shall be given to the parent or parents not consenting by certified mail, return receipt requested.

(B) If there is no known father of the minor, the notice shall be given to the person who the mother of the minor alleges to be the father.

(C) If no father is so alleged, or if either parent or the address of either parent is unknown, notice by publication in a newspaper of general circulation in the county at least thirty days before the hearing shall be sufficient as to the father or parent.

(D) Any additional notice required by this section may be waived in writing by any person entitled to the notice.

Last updated May 21, 2021 at 10:14 AM

Section 2717.16 | Change of name prohibited.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

(A) The court shall not order a change of name under section 2717.09 of the Revised Code if the person applying for a change of name has a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant was convicted of, pleaded guilty to, or was adjudicated a delinquent child for having committed a sexually oriented offense or a child-victim oriented offense.

(B) The court shall not order a change of name under section 2717.09 of the Revised Code if the person applying for a change of name has pleaded guilty to, been convicted of, or been adjudicated a delinquent child for committing a violation of section 2913.49 of the Revised Code unless the guilty plea, conviction, or adjudication has been reversed on appeal.

Last updated May 21, 2021 at 10:15 AM

Section 2717.18 | Action to conform legal name prohibited.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

An action to conform the legal name of a person under section 2717.04 of the Revised Code shall not be permitted in lieu of either of the following:

(A) Correction of a birth record under section 3705.15 of the Revised Code;

(B) Changing a legal name to a name that is not used in any existing official identity documents.

Last updated May 21, 2021 at 10:16 AM

Section 2717.19 | Criminal records check.

• Effective: August 17, 2021
• Latest Legislation: House Bill 7 - 134th General Assembly

(A) On receipt of an application, the probate court may order a criminal records check.

(B) Any fee required for the criminal records check shall be paid by the applicant.

Last updated May 21, 2021 at 10:16 AM