How to Change Your Child’s Last Name in California

To change your child’s last name in California, you file a Petition for Change of Name in the superior court of the county where your child lives, publish a notice in a local newspaper, formally notify the other parent, and attend a hearing where a judge decides whether the change serves the child’s best interest. Start to finish, the process usually takes about three months and costs at least $435 in court fees, plus newspaper publication costs and fees to update the child’s documents afterward.

Who Can File the Petition

Either parent can file. The petition goes to the superior court in the county where the child lives.¹ If only one parent files, the petition must include the other parent’s address if known, because the court will require that parent to be formally notified before the hearing.

A legal guardian can also petition on behalf of a ward, but the court applies a stricter test: the judge must be satisfied the child is likely to remain in the guardian’s care until age 18 and unlikely to return to the parents before considering whether the name change is in the child’s best interest. If both parents are deceased and no guardian exists, a close relative or family friend may file.

Forms You’ll Need

California uses standardized Judicial Council forms, available on the California Courts website or at the courthouse. Prepare an original and two copies of each. For a child’s name change, you’ll need:

Petition for Change of Name (NC-100), the main petition asking for the child’s current name, proposed new name, date and place of birth, and reasons for the change
Name and Information About the Person Whose Name Is to Be Changed (NC-110), one for each child
Order to Show Cause for Change of Name (NC-120), which the court uses to set the hearing date and identify the newspaper for publication
Decree Changing Name (NC-130), the form the judge signs to make the change official
Civil Case Cover Sheet (CM-010)

The information on the forms must match the child’s existing legal documents exactly.² A common mistake is entering a nickname or informal spelling rather than the name on the birth certificate.

Filing the Petition and Paying the Fee

Take the completed originals and two copies to the clerk’s office at the superior court in the county where your child lives. The clerk will file-stamp the documents and assign a case number. The filing fee runs $435 to $450, depending on the county.³

If you can’t afford the fee, ask the clerk for a fee waiver application. You may qualify if you receive public benefits, your income falls below a set threshold, or paying the fee would prevent you from meeting basic needs.⁴

Once you file, the clerk signs the Order to Show Cause and assigns a hearing date, usually six to twelve weeks out. That signed order is what you’ll use for the next two steps.

Publishing the Notice in a Newspaper

California law requires you to publish the Order to Show Cause in a newspaper of general circulation in the county where you filed.⁵ The notice runs once a week for four consecutive weeks, with the final publication before the hearing date. Your Order to Show Cause specifies which newspaper to use.

Costs range from about $30 to several hundred dollars depending on the publication. Adjudicated newspapers that specialize in legal notices are usually cheaper than major dailies, and many courts keep lists of approved options. After publication is complete, the newspaper provides a proof of publication for you to file with the court before the hearing.

Two exceptions to the publication requirement exist: children under juvenile court jurisdiction, and name changes filed to conform to gender identity.

Notifying the Other Parent

When one parent files alone, the other parent must receive formal legal notice at least 30 days before the hearing. Skipping this step or serving late will likely cause the court to continue the hearing to a new date.

How you serve depends on where the other parent lives. Inside California, personal service is required: someone over 18 who isn’t a party to the case must hand-deliver a copy of the Order to Show Cause or notice of hearing directly to the other parent. Outside California, you may serve by mail using a method that produces a return receipt.

After service, the person who served the documents fills out the Proof of Service of Order to Show Cause (NC-121) and files it with the court. That filed proof is how the judge confirms the other parent was properly notified.⁶

If both parents are deceased, notice must go to living grandparents at least 30 days before the hearing.⁷ If you genuinely cannot locate the other parent after reasonable efforts, you may need to ask the court for permission to serve by alternative means.

What Happens at the Hearing

If nobody files an objection at least two court days before the hearing, the judge can approve the name change without a hearing at all.¹ Some courts still ask you to appear briefly; many will simply sign the Decree Changing Name and notify you to pick it up. Check local practice with the clerk.

If someone objects, you’ll attend a hearing where the judge reviews the petition, asks questions, and hears from both sides. Judges have broad discretion. For a child’s name change, courts focus on whether the change serves the child’s well-being, weighing the child’s relationship with each parent, the reasons for the change, and, if the child is old enough, what the child wants.

When the judge approves, they sign the Decree Changing Name (NC-130). Ask the clerk for several certified copies on the spot. You’ll need them for every agency that holds records under the child’s old name, and ordering copies later costs more time and money.

When the Other Parent Objects

A disagreement between parents doesn’t automatically block a name change, but it does make the hearing mandatory. The objecting parent must file a written objection at least two court days before the hearing and appear in person to explain their opposition.

The judge weighs the child’s preference if the child is mature enough to express one, each parent’s relationship with the child, how long the child has used the current name, whether the change would help or disrupt the child’s sense of identity, and the specific reasons behind the request. A parent seeking a surname change to erase the other parent’s connection faces an uphill fight. A parent who can show a practical reason tied to the child’s daily life has a much stronger case.

One dynamic matters: a bare objection isn’t enough. The objecting parent needs to articulate a reason the change would harm the child. “I don’t want it” is not the same as “here’s why it would hurt the child.”

Name Changes to Conform to Gender Identity

California offers a streamlined path when a name change is made to conform to gender identity. These petitions are exempt from newspaper publication, protecting the petitioner’s privacy.² Instead of the standard NC-120, you use Order to Show Cause for Change of Name to Conform to Gender Identity (NC-125). You don’t request a hearing date; you submit the completed NC-125 to the clerk, and the court can process the change without a court appearance.

Updating Your Child’s Records After Approval

The signed decree is your proof of the legal change, but no single agency updates everything. Handle them in this order.

Social Security Card

Start here, because other agencies want the Social Security record to match the new name before they’ll process their own updates. Submit an Application for a Social Security Card (Form SS-5) with the certified court order and proof of the child’s identity. The Social Security Administration accepts only originals or copies certified by the issuing agency, not photocopies.⁸ There is no fee for a replacement card.⁹

Birth Certificate

To amend a California birth certificate, submit an Application to Amend a Birth Record After a Court Order Name Change (Form VS-23) to the California Department of Public Health, Vital Records, along with a certified copy of the decree.¹⁰ The amendment fee is $26 and includes one certified copy of the amended record; additional certified copies are $31 each.¹¹

Passport

If your child has a U.S. passport, apply for a new one using Form DS-11 rather than a renewal form. Children under 16 must appear in person with a parent or legal guardian.¹² The fee for minors under 16 is $100, plus a $35 facility acceptance fee.¹³ Bring the certified decree and the current passport if one exists.

School, Medical, and Tax Records

Give the school a certified copy of the decree and ask them to update your child’s records. Federal law gives parents the right to request amendments to a child’s education records, and schools handle these routinely.¹⁴ Contact the pediatrician, dentist, and health insurer as well; most will accept a certified copy of the decree. On future tax returns, use the exact name that now appears on the Social Security card. If the name and number don’t match, the IRS can delay the return and any refund.¹⁵

1
Justia Law. California Code of Civil Procedure 1275-1279.6 – Change of Names
2
Judicial Council of California. Instructions for Filing a Petition for Change of Name
3
California Courts. Change Your Name in California
4
California Courts. File Your Name Change Petition
5
California Legislative Information. California Code of Civil Procedure 1277 – Change of Names
6
California Courts. Proof of Service of Order to Show Cause – Change of Name (NC-121)
7
California Courts. Guide for Guardians Changing a Child’s Name
8
Social Security Administration. Application for a Social Security Card (SS-5)
9
Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card
10
California Department of Public Health. Application to Amend a Birth Record After a Court Order Name Change (VS-23)
11
California Department of Public Health. Vital Records Fees
12
U.S. Department of State. Application for a U.S. Passport (DS-11)
13
U.S. Department of State. Passport Fees
14
Student Privacy Policy Office. 34 CFR Part 99 – Family Educational Rights and Privacy
15
Internal Revenue Service. Name Changes and Social Security Number Matching Issues