Since the 1800s, residents across the U.S. have been required to have the intent to change their names published in local newspapers as part of the application process.
The historic step has been used for transparency and to deter fraud, but nowadays, some believe that the rule is outdated and that it does more harm than good.
In Illinois, a new law, Public Act 103-1063, took effect in March that eliminated that requirement. It also reduced the amount of time a petitioner must reside in the state before applying from six months to three months. And it allows individuals to file a motion to impound their name-change record if it would have a negative impact on the person’s health or safety.
In those cases, however, the name change must be reported to Illinois State Police so that criminal history transcripts can be updated, if applicable.
Land of Lincoln Legal Aid in Illinois has been hosting name-change clinics for about a year, since just before the new law was signed by Gov. JB Pritzker. The group has been helping people complete their name-change applications and answering questions about the legal process and the new law. This month, the group hosted a clinic at its East St. Louis office for nearly 20 preregistered individuals, and about 45 people attended. The Simon Law firm in St. Louis provided voluntary legal assistance and advice during the clinic, helping over a dozen clients.
Sarah Ramsey, pro bono manager at Land of Lincoln Legal Aid in the group’s East St. Louis office, said that while the original publication rule served a purpose, the change was necessary to protect people who are in domestic abuse situations or those looking to affirm their gender identity.
“(It) used to scare people away because you'd have to publish your name change in local publications, and only in rare circumstances would a court allow you to waive that publication,” Ramsey said.
Many of the clients they helped this month desired to change their names for deeply personal reasons, Ramsey said.
“We see a lot of gender-affirming name changes (and) individuals who no longer want to have the last name of their abuser,” Ramsey said. “So they're survivors of domestic violence. We have some elderly or senior clients who come in who have just been known by another name their entire life, and they want to make it official.”
To legally change your name in Illinois, you must first file a petition with the circuit court in the county where you live. Once the court grants your name change, you must notify several other agencies and institutions to update your records, including the Social Security Administration and the Illinois secretary of state for your driver's license, employers and banks.
For states including Illinois, New Jersey and Alabama, publishing name changes has been eliminated. But several states like Missouri, Alaska and California still uphold the longstanding rule, so before the name change is made official, intent to change it has to be published in newspapers or other mediums of the court's choosing.
And the price of the whole process can be costly for some.
Applying and obtaining the necessary documents to change one’s name can cost around $200 to $300, depending on the specifics, according to Ramsey. However, receiving help from Land of Lincoln is income-based and costs nothing, Ramsey added.
Meredith Shrinivas, a paralegal at Simon Law in St. Louis, said many people can't afford basic fees, and for those fleeing abusive situations, doling out a couple of hundred bucks for a name change is unthinkable — even if needed.
“They're not able to do things like change their name or even have service on one of these domestic partners who has been harassing them,” Shrinivas said. “Being able to help provide (resources) and make others more aware of them is, in itself, a great reward.”
Fleeing abuse and affirming one’s identity aren’t the only reasons people opt for name changes. Adoptions are another common reason as families become whole.
Sometimes it's a bucket list that leads to a name change.
Christine Byers, marketing director at Simon Law, said one man needed a passport to travel in order to fulfill items on his bucket list. He visited the East St. Louis clinic this month after discovering the name on his birth certificate didn’t match what he had been called his entire life.
“Everyone that came through the door had a different circumstance,” Byers said. “There was one client that wanted to change their name because they said, frankly, my parents were not good parents.”
What about people convicted of crimes?
In short, Public Act 103-1063 states that people convicted of a felony whose sentence has not been completed or discharged cannot apply to have their name changed, unless they have been pardoned for the offense.
That includes those who have been required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act or the Arsonist Registration Act.
But there are exceptions.
Such individuals still can apply if they verify under oath that the change is due to marriage, religious beliefs, status as a victim of trafficking or gender-identity reasons.
Judges reserve the right to grant or deny those requests. If approved, the name change must be reported to the law enforcement agency that has jurisdiction over their offense registration.
People who have been arrested or have pending misdemeanor or felony charges may also apply. If approved, copies of the application correspondence must be sent to the Illinois State Police to update any criminal history transcript or offender registration for people 18 or older. The record will then show the new name as well as the person’s former name.
Ramsey said most people don’t think about having to change their names, but names hold significant meaning and weight in everyone’s lives.
“Our names are directly tied to our identities,” Ramsey said. “It's something that we hear spoken to us every day. It's how we represent ourselves to others. Names hold power, and to reclaim your power by changing your name is a very important step in this process for a lot of our clients.”
Anyone seeking help with name changes can contact Land of Lincoln’s Legal Advice and Referral Center at 877-342-7891.
