How to Change a Child’s Name in NC: Consent, Petition, and Notice

To change a child’s name in NC, a parent or guardian files a petition with the Clerk of Superior Court in the county where the child lives, after posting public notice for 10 days and securing both living parents’ consent. The Clerk must find good cause before granting the change. The filing fee is $120, and the paperwork requirements differ depending on whether the child is under 16 or 16 and older.¹

Who Can File for a Minor

A child cannot petition on their own, so an adult with legal authority files for them. Under North Carolina law, that means either parent, a guardian appointed under Article 6 of Chapter 35A, or a guardian ad litem appointed under Rule 17 of the Rules of Civil Procedure. A parent who is also changing their own name can combine the two petitions.¹

Whoever files must be a bona fide resident of the county at the time of filing. There is no minimum length of residency required by the statute.

One narrow exception lets a 16- or 17-year-old file for themselves: they need the consent of the custodial parent who has been supporting them, and the Clerk must be satisfied that the other parent has abandoned the child. This is not a general path for older teens who simply want a name change without both parents’ agreement.²

Getting Both Parents’ Consent

If both parents are living, both must consent to the name change. This is the single strictest part of the process. A parent generally cannot proceed over the other parent’s objection or silence.²

When You Can Proceed Without the Other Parent’s Consent

The statute recognizes four situations:

The other parent is deceased.
The other parent’s parental rights have been terminated by court order.
The other parent has been convicted of certain offenses against the child or the child’s sibling, including child abuse, sexual offenses against a minor, incest, or assault and threats of violence.
The other parent has abandoned the child. If no court has already made that finding, the Clerk can make it after sending written notice by certified mail to the absent parent’s last known address. That parent has 10 days to respond. If they deny abandonment, the dispute goes to a judge for a hearing.

The abandonment route is where many petitions stall. Saying you don’t know where the other parent is will not be enough on its own. You need to document your search, and the Clerk will follow the certified mail procedure before waiving consent.

What the Petition Must Include

Every minor petition must state the child’s current legal name, county and date of birth, both parents’ full names as shown on the birth certificate, the new name requested, and the reasons for the change. A sworn statement must accompany the petition confirming county residency and disclosing any outstanding tax or child support obligations.¹

From there, the paperwork splits by age.

Children Under 16

For a child under 16, the process is lighter than most people expect. No criminal background check is required, and no character affidavits are needed. The statute specifically exempts this age group from both.¹ The NC Judicial Branch publishes a self-help packet with the forms and instructions for this age group.³

Children 16 and Older

Once a child turns 16, two more requirements kick in.

First, the petition must include the results of both a state and national criminal history record check. The check can be run by the North Carolina State Bureau of Investigation, the FBI, or an FBI-approved channeler, and it must have been completed within 90 days before filing. The Clerk’s office can tell you where to get fingerprinted and how to submit them.¹

Second, the petition must include two affidavits of character from adult residents of the same county who are not related to the child. They attest that they know the child and can speak to the child’s standing in the community.

Posting Notice and Filing With the Clerk

Before you file, you have to post a Notice of Intent to File for Name Change on the bulletin board at the courthouse in the child’s county. The notice must stay up for 10 full days. This gives the public a window to raise objections.⁴

After the 10 days, bring the complete package to the Clerk of Superior Court: the petition, the sworn statement, parental consent forms, and, if the child is 16 or older, the criminal background check and character affidavits. The filing fee is $120, payable by cash, money order, or certified check. Whether the courthouse accepts credit cards varies.¹

If the Clerk finds good and sufficient reason for the change and everything is in order, they issue an order granting the new name and a certificate confirming it under their seal.

If the Clerk Denies the Petition

The Clerk can deny the petition if good cause is not shown or the application is incomplete. That is not the end. Any party can appeal to Superior Court for a new hearing, but the notice of appeal must be filed within 10 days of the Clerk’s order. The Superior Court judge reviews the matter fresh.

Updating the Birth Certificate

The Clerk forwards the order to the State Registrar of Vital Statistics.¹ To actually get an amended birth certificate, though, you still need to apply to NC Vital Records with a certified copy of the court order and a $39 nonrefundable fee. If approved, that fee covers the amended certificate. Pay by certified check or money order to N.C. Vital Records.⁵

Updating Social Security and Passport Records

The court order and new birth certificate do not automatically update the child’s other records.

For a Social Security card, file Form SS-5 at your local Social Security office. There is no fee. The certified court order works as proof of the name change because it shows both the old and new names. You also need to prove the child’s identity with original or certified documents. For young children, that can be medical records from a doctor or hospital, a school ID or school record, or a final adoption decree. The SSA will not accept a birth certificate or hospital souvenir birth certificate as proof of identity.⁶

For a U.S. passport for a child under 16, you apply in person using Form DS-11 at a passport acceptance facility. You cannot renew by mail. Both parents or guardians generally must appear with valid photo ID. If one parent cannot attend, the absent parent must provide a notarized Statement of Consent (Form DS-3053) signed within 90 days, along with a photocopy of their ID. A parent with sole legal custody can appear alone by showing a court order granting sole custody or other qualifying documentation.⁷

Limits on Minor Name Changes

North Carolina caps the number of times a child’s name can be changed under Chapter 101 at two. Adults are generally limited to one (plus the option to resume a former name), and the statute gives minors slightly more room because circumstances like remarriage, custody changes, and adoption can create more than one legitimate reason during childhood.⁸

Anyone registered as a sex offender under Article 27A of Chapter 14 is barred from any name change under Chapter 101, regardless of age.⁸

Confidentiality for Domestic Violence Situations

If the petitioner participates in North Carolina’s Address Confidentiality Program, or can provide evidence of being a victim of domestic violence, sexual offenses, or stalking, the entire name change file is sealed from public view. Qualifying evidence includes law enforcement records, court records, or documentation from a program funded by the Domestic Violence Center Fund. Sealed records can only be opened by court order or with the petitioner’s written consent.²

1
North Carolina General Assembly. North Carolina Code 101-5 – Name Change Application Requirements; Grounds for Clerk to Order or Deny Name Change; Certificate and Record
2
North Carolina General Assembly. North Carolina Code 101-2 – Procedure for Changing Name; Petition; Notice
3
North Carolina Judicial Branch. Name Change Minor Under the Age of 16
4
North Carolina Judicial Branch. North Carolina Name Change Instructions
5
North Carolina Department of Health and Human Services. NC Vital Records – Change a Record
6
Social Security Administration. Application for a Social Security Card
7
U.S. Department of State. Apply for a Child’s Passport Under 16
8
North Carolina General Assembly. North Carolina General Statutes Chapter 101 – Names of Persons