Pennsylvania HB 845: An Act amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, in judicial change of name, further providing for court approval required for change of name and for change by order of court, providing for change by administrative application and further providing for effect on children.

Bill Text

PRINTER'S NO. 875
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 845
Session of
2025
INTRODUCED BY WEBSTER, SANCHEZ, WAXMAN, GUENST, MADDEN,
HANBIDGE, MAYES, OTTEN, WARREN, HOHENSTEIN, CERRATO, DALEY,
KHAN AND RIVERA, MARCH 10, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2025
AN ACT
Amending Title 54 (Names) of the Pennsylvania Consolidated
Statutes, in judicial change of name, further providing for
court approval required for change of name and for change by
order of court, providing for change by administrative
application and further providing for effect on children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 701(a), (a.1) heading, (1) and (4)(ii)(B)
and (b) of Title 54 of the Pennsylvania Consolidated Statutes
are amended and the section is amended by adding a subsection to
read:
§ 701. Court approval required for change of name.
(a) General rule.--Except as set forth in subsection (b), it
shall be unlawful for any person to assume a name different from
the name by which such person is and has been known, unless such
change in name is made pursuant to proceedings in court in
accordance with subsection (a.1) or pursuant to the
administrative procedures provided in subsection (a.2).
(a.1) [Procedure] Court petition procedure.--
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(1) An individual [must] may file a petition in the
court of common pleas of the county in which the individual
resides. If a petitioner is married, the petitioner's spouse
may join as a party petitioner, in which event, upon
compliance with the provisions of this subsection, the spouse
shall also be entitled to the benefits of this subsection.
* * *
(4) At the hearing, the following apply:
* * *
(ii) The petitioner must present to the court all of
the following:
* * *
[(B) An official search of the proper offices of
the county where petitioner resides and of any other
county where petitioner has resided within five years
prior to filing the petition showing that there are
no judgments, decrees of record or other similar
matters against the petitioner. This clause may be
satisfied by a certificate given by a corporation
authorized by law to make the search under this
clause.]
* * *
(a.2) Administrative procedure.--
(1) Except as provided in paragraph (2), an individual
may apply for a change of name by filing an application with
the Department of Health. The Department of Health shall
prescribe the application form and the manner in which the
form shall be filed, subject to the following:
(i) An applicant may obtain and submit the
application for a change of name either electronically
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through the Department of Health's publicly accessible
Internet website or physically at any driver license and
photo center location of the Department of
Transportation, in addition to any other Department of
Health location accessible to the public where the
Department of Health makes available the application
form.
(ii) If an individual submits an application at a
driver license or photo center location of the Department
of Transportation, the Department of Transportation shall
promptly transmit the application to the Department of
Health in a secure manner to be determined by the
Department of Health, in consultation with the Department
of Transportation.
(iii) The Department of Health shall distribute the
application form to the Department of Transportation.
(iv) The Department of Health shall make the
following available on its publicly accessible Internet
website:
(A) The electronic application for a change of
name.
(B) The list of Department of Health locations
at which an individual may obtain and submit an
application.
(C) A notice that the application may be
submitted at any Department of Transportation driver
license or photo center location.
(2) Notwithstanding paragraph (1), an individual seeking
a change of name shall do so by filing a petition with the
court of common pleas pursuant to the procedure under
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subsection (a.1) if any of the following circumstances apply:
(i) The application is for a change of name of a
minor and the minor's parent, legal guardian or legal
representative does not provide consent for the
applicant's name change. The application for a change of
name of a minor may proceed under this subsection if the
applicant can demonstrate to the satisfaction of the
Department of Health at the conference scheduled under
paragraph (4)(i) that:
(A) The applicant provided notice to the
nonapplying parent as required under paragraph (4)
(iii) and made a reasonable attempt to obtain written
and notarized consent from the nonapplying parent.
(B) There is no objection from the nonapplying
parent.
(ii) The applicant is unable to obtain and present
the requ