DES MOINES — Iowans who go to court without an attorney to legally change their name will have new standardized paperwork to use under an order signed by Iowa Supreme Court Chief Justice Susan Christensen.
The Iowa Judicial Branch is enacting Iowa Court Rule 17.40 covering forms for name-change proceedings, updating the documents to a new format and adding a new combined petition for an adult seeking a name change along with a minor child or children.
The change is particularly important for Iowans representing themselves in court. By placing the documents within Chapter 17 of the Iowa Court Rules, the prescribed forms are mandatory for self-represented litigants. Attorneys may also use the forms.
The Iowa Judicial Branch says the new name-change forms will be available in a fillable format through its court forms system.
Iowa allows adults to petition district court for a legal name change under Iowa Code Chapter 674. The current filing fee for an adult name-change petition is $195.
An adult petition generally requires the person seeking the change to provide information including a current name, county of residence, identifying information, residences during the previous five years, the reason for requesting the change, certain information about Iowa real estate interests and the new name being requested.
A certified copy of the person’s birth certificate generally must also accompany the petition. When a birth certificate is unavailable, the petitioner must explain why and provide another form of identification.
Different requirements apply when an Iowa parent seeks to change the name of a minor child.
For a child younger than 14, both parents listed on the child’s birth certificate generally must consent. If one parent does not consent, the court can hold a hearing, and Iowa law provides circumstances under which the court may proceed without that parent’s consent.
A child who is 14 or older must provide written consent to the proposed name change.
The newly announced combined petition provides a standardized option when an adult and one or more minor children are seeking name changes as part of the same process.
Iowa also handles some name changes through divorce proceedings. A person seeking a name change as part of a pending divorce can make that request within the divorce case rather than beginning a separate name-change action, subject to Iowa law governing those proceedings.
The Iowa Judicial Branch provides free court forms and an interactive online system intended to help people prepare certain documents without hiring an attorney. The system includes name-change forms along with forms involving matters such as small claims, fee waivers, child-support modifications and certain divorce proceedings.
The latest change is another adjustment involving Iowa’s statewide court rules.
As NorthIowaToday.com recently reported, the Iowa Supreme Court has also considered substantial changes to the rules governing how attorneys remove prospective jurors during criminal and civil trials:
Iowa Supreme Court considers major changes to how lawyers remove jurors from trials
The high court has also handed down decisions affecting Northern Iowa. In May, an Iowa Supreme Court ruling ended a long-running legal fight involving a multimillion-dollar estate and cleared the way for a new cancer treatment center at Floyd County Medical Center in Charles City:
Iowa Supreme Court ruling means a new cancer center to be built at Charles City hospital
For Iowans specifically searching for information about changing their own name or a child’s name, the Iowa Judicial Branch maintains its name-change forms and instructions on the Iowa Courts website: