California naming laws cover three different things: what characters can appear on a birth certificate, what you are allowed to change your name to, and how you make that change legally recognized. The restrictions are narrower than people often assume. Official records must use the 26 letters of the English alphabet (with diacritical marks now permitted under 2025 legislation), spouses and divorcing people can change names without a court order, and anyone else files a petition in superior court that judges approve in almost every case absent fraud, misleading intent, or a disqualifying criminal status.
What a Name on a California Birth Certificate Can Contain
Every live birth is recorded with the child’s full name and sex, and the certificate serves as the child’s foundational identity document.1California Legislative Information. California Health and Safety Code 102425 The California Department of Public Health’s Vital Records division accepts only the 26 letters of the standard English alphabet. Numbers, pictograms, emojis, and symbols like “@,” “#,” or “$” are rejected. There is no official maximum length, though practical limits on government databases apply.
Diacritical marks were historically stripped, so “José” would appear as “Jose.” In October 2025 the governor signed legislation directing the state to allow diacritical marks on vital records. Whether the change has been fully implemented in the state’s electronic systems by the time you read this may vary, so confirm with your local registrar if your child’s name includes accents, tildes, or other marks.
There is no published list of banned words, but local registrars and courts can reject names they find obscene or contrary to public decency. That discretion is rarely used, because genuinely offensive requests are uncommon.
Changing a Name Through Marriage or Divorce
Marriage is the most common reason Californians change a name, and it does not require a court petition. Under Family Code 306.5, either spouse can adopt a new middle or last name when the marriage license is issued.2California Legislative Information. California Code Family Code 306.5 Your options:
- Your spouse’s current last name
- The birth surname of either spouse
- A combined last name using all or part of either spouse’s current or birth surname
- A hyphenated combination of both last names
A certified copy of the marriage certificate then serves as legal proof. One catch: the election must be made when the license is issued. Once the marriage certificate is registered, it cannot be amended to add or change the chosen name.2California Legislative Information. California Code Family Code 306.5 Miss that window and you are back in the court petition process.
In a divorce, the court must restore your birth name or any former name if you ask, whether or not the request appeared in the original petition.3California Legislative Information. California Family Code 2080 The judgment of dissolution itself becomes your proof. This is available only in dissolutions and nullities, not legal separations.
Court-Ordered Name Changes for Adults
For a name change that government agencies will recognize, you file a petition in the superior court of the county where you live.4California Legislative Information. California Code of Civil Procedure 1276 The three main forms are the Petition for Change of Name (NC-100), the attachment identifying the person whose name is changing (NC-110), and the Order to Show Cause setting the hearing date (NC-120).5California Courts. Order to Show Cause – Change of Name (NC-120)
The statewide filing fee is $435 as of January 2026.6Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford it, request a waiver with Form FW-001. Every petition requires you to declare under penalty of perjury that you are not required to register as a sex offender.
Publishing Notice in a Newspaper
After filing, you must publish the Order to Show Cause in a court-approved newspaper of general circulation once a week for four consecutive weeks.7California Legislative Information. California Code of Civil Procedure 1277 Publication costs vary by paper and county but typically run a few hundred dollars. You then file proof of publication with the court. If no one files a written objection at least two court days before the hearing, the judge can grant the petition without holding a hearing at all. When approved, you receive a Decree Changing Name (Form NC-130), your official court order.
When a Judge Can Deny the Petition
Courts approve the overwhelming majority of adult petitions. A judge can deny one only if someone files an objection showing good reason or the court finds evidence of fraud or intent to mislead. Common grounds for denial include trying to evade creditors, dodge a criminal record, or impersonate someone else. The common law right to use a new name informally still exists in California and the California Attorney General has confirmed that the statutory process does not replace it,8California Office of the Attorney General. Attorney General Opinion No. 00-205 but the DMV and Social Security Administration generally will not update records without a court order, marriage certificate, or divorce decree.
When the Publication Requirement Is Waived
Two groups of petitioners can skip newspaper publication, which saves both money and, in some cases, personal safety risk.
Gender Identity Name Changes
Under the Gender Recognition Act, a petitioner changing their name to conform to their gender identity does not need to publish the Order to Show Cause.9California Legislative Information. California Code of Civil Procedure 1277.5 You file the same NC-100, check the box indicating the change relates to gender identity, and skip publication. The court directs interested persons to file any written objection within six weeks, and if none is filed the court must grant the petition without a hearing. Objections based solely on disagreement with the petitioner’s gender identity are not good cause for denial.
Domestic Violence and Stalking Survivors
If you participate in the Secretary of State’s Safe at Home address confidentiality program and your name change is to escape domestic violence or stalking, your proposed new name is kept confidential. The published notice and court order state that the new name is on file with the Secretary of State rather than printing it.7California Legislative Information. California Code of Civil Procedure 1277 The court cannot disclose the proposed name unless it finds by clear and convincing evidence that the allegations of domestic violence or stalking are false.
Changing a Child’s Name
A parent or legal guardian files the petition in the county where the child lives, and the court decides based on the child’s best interest rather than simply granting what the parents want.4California Legislative Information. California Code of Civil Procedure 1276
When both parents consent, the process mirrors an adult petition. Both sign, the Order to Show Cause is published, and if no objection is filed the court grants the request. When only one parent files, the other must be personally served with notice of the hearing at least 30 days beforehand.10California Legislative Information. California Code of Civil Procedure 1277 – Section (a)(4) If the other parent lives outside California, service by mail is allowed. If the other parent cannot be located, the petitioning parent must show a diligent search, which may include publishing notice.
A court can still approve the change over one parent’s objection if the new name serves the child’s best interest, and it can also deny the petition in whole or in part when both parents do not consent and the change does not appear to benefit the child.11Justia. California Code of Civil Procedure 1275-1279.6 – Section 1278.5
When a legal guardian petitions to change a ward’s name, the court must first find that the child is likely to remain in the guardian’s care until adulthood and is not likely to return to the parents’ custody before considering the name change itself.
Extra Rules for Sex Offenders and People in Custody
Courts must deny a name change petition from a registered sex offender unless the court specifically finds that granting it serves the interest of justice and will not harm public safety.12California Legislative Information. California Code of Civil Procedure 1279.5 That is an intentionally high bar, and most such petitions are denied. Courts verify registry status through law enforcement databases, and every petitioner declares under penalty of perjury that they are not required to register. If a sex offender’s petition is granted, they must notify the chief of police (or the sheriff in unincorporated areas) of the new name within five working days.13California Legislative Information. California Penal Code 290.014 Failing to do so is a separate offense.
People under the jurisdiction of the Department of Corrections and Rehabilitation can still petition, but must provide a copy of the petition to the department when filing. People sentenced to county jail must provide a copy to the sheriff’s department.12California Legislative Information. California Code of Civil Procedure 1279.5 If the petition is granted, correctional documentation uses the new name with prior names listed as aliases.
Updating Your ID After the Decree
A court decree does not automatically update anything. You take a certified copy of your Decree Changing Name to each agency individually.14Judicial Branch of California. Get Your Name Change Decree Certified copies cost $40 each from the court clerk, and you should request several because some agencies keep the copy you submit. If you have a fee waiver on file, the certified copy fee is waived as well.
Most people update their Social Security card first, since other agencies often require a matching SSA record. The Social Security Administration accepts original documents or agency-certified copies only, not photocopies or notarized copies.15Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card A court order, marriage certificate, divorce decree, or certificate of naturalization showing the new name all qualify. If your name change happened more than two years ago, or more than four years ago for someone under 18, the SSA may ask for additional identity documents in your prior name. After the Social Security card, work through the DMV, the U.S. Passport Agency, banks, insurers, and your employer’s payroll.
Penalties for Fraudulent Name Changes
Every name change petition is signed under penalty of perjury, so false information in one is prosecutable as perjury. Using a fraudulently obtained name to impersonate another person can also be charged under Penal Code 529, California’s false personation statute, which covers assuming another person’s identity and then taking an action that could create legal liability or secure a benefit.16California Legislative Information. California Code Penal Code 529
False personation can be charged as a misdemeanor carrying up to one year in county jail, or as a felony punishable by 16 months, two years, or three years in county jail, plus fines up to $10,000. Courts also have authority to revoke a name change decree obtained through deception, which reverts your legal name to what it was before.