How to Change Your Last Name in Louisiana: Petition and Records

There are three ways to change your last name in Louisiana, and the right one depends on why you’re changing it. If you’re doing it because of a marriage, your certified marriage certificate is all you need. If you’re reverting to a former name after a divorce, the divorce decree can serve as your name-change document if the judge orders it. For any other reason, you have to file a petition in district court, which costs $300 to $500 in filing fees before you account for publication or certified copies.

After a Marriage

Marriage in Louisiana does not automatically change anyone’s name. Under the Civil Code, marriage leaves both spouses’ legal names untouched, but either spouse may use the other’s surname or a combination of both.¹ No court petition is needed. A certified marriage certificate is the only legal document you need to update your name with the Social Security Administration, the Office of Motor Vehicles, banks, and employers.

If you married abroad, the OMV may require a translated copy of the certificate unless their staff can read the original language.²

After a Divorce

The simplest way to return to a birth name or a previous married name is to ask for it in the divorce proceedings themselves. When the judge grants it, the divorce decree is your name-change document, and no separate petition is required. Adding it later is a much bigger hassle than raising it during the divorce.

At the OMV, reverting to a previous name requires one of the following: your original birth certificate, the divorce decree, a marriage certificate from a previous marriage, or your updated Social Security card.² If your divorce decree did not include a name-restoration provision, you’ll have to go through the full court petition process below.

Through a Court Petition

Any name change that isn’t tied to a marriage or divorce requires a court petition. That covers personal preference, gender-related changes, and any other reason.

Where and How to File

File the petition with the clerk of court in one of three parishes: the parish where you live, the parish where you were born, or Orleans Parish, where the Vital Records Registry sits.³ If you’re incarcerated, you must file in the parish where you were sentenced.

The petition must include your current legal name, the new name you want, and your reasons for the change. Most parishes also require your date and place of birth, your parents’ names, and your criminal history. Filing fees run $300 to $500 depending on the parish.³

Serving the District Attorney and Publishing Notice

Louisiana treats a name change as an adversarial proceeding. After filing, you must serve a certified copy of the petition on the district attorney in the parish where you filed. The DA represents the state’s interest and has the right to respond.⁴ Many parishes also require you to publish notice of the petition in a local newspaper before the hearing. Ask your clerk of court whether publication is required in your parish and which newspapers qualify.

The Hearing

A judge reviews the petition either in open court or in chambers. If the DA has no objection and the judge sees no reason to deny the request, the court issues an order granting the change. The hearing is often brief, but judges have full discretion to deny a petition if they believe the change is being sought for fraudulent or improper reasons.

Changing a Child’s Name

The petition process for a minor follows the same framework as the adult process, but the consent rules are stricter and this is where many parents get stuck.

Both parents must sign the petition. If one parent is deceased, the surviving parent can sign alone. If only one parent has custody, that parent can bypass the other’s consent only in specific situations:³

The other parent’s rights have been legally terminated.
The other parent was served with a copy of the petition and has refused or failed to comply with a court-ordered support obligation for at least one year.
The other parent has failed to provide any support for three years after a custody judgment was entered.
The other parent is not paying support and has refused or failed to visit or communicate with the child for at least two years without justification.

If the child has no living parents, a legal tutor must sign. A judge can appoint a special tutor if none exists. Either parent may also petition alone if the child was originally given a surname that doesn’t comply with Louisiana’s birth registration rules under RS 40:34.2.³

Felony Convictions Block or Bar a Petition

If you have a felony conviction, you cannot petition for a name change until your entire sentence is complete, including probation and parole.³

Certain violent felonies listed under RS 14:2(B), including murder, armed robbery, kidnapping, and sexual assault offenses, permanently bar you from ever petitioning for a name change in Louisiana, regardless of how long ago the sentence ended.³

Updating Your Records

Once you have your marriage certificate, divorce decree, or court order in hand, the update sequence matters. Each agency depends on the one before it, so doing them out of order creates delays.

Social Security First

Start with the Social Security Administration. Other agencies, including the OMV, verify your name through the SSA database, and nothing else moves until this is done.⁵ You’ll request a replacement Social Security card in your new name. Depending on your situation, you may be able to do this online; otherwise, you’ll need an appointment at a local Social Security office.⁶ Bring your certified legal document and a valid ID.

Driver’s License or State ID

After the SSA, visit the OMV to update your driver’s license or state ID. The OMV verifies your name electronically through the SSA database, and the SSA’s turnaround is roughly 24 hours, so don’t go the same afternoon.²

Bring your updated Social Security card plus the original certified legal document. The OMV will not accept photocopies or altered documents. If your license is within 180 days of expiring, or your state ID within 90 days, you can combine the name change with a renewal. Otherwise, you’ll pay a duplicate credential fee.²

Birth Certificate

To amend your Louisiana birth certificate, send a certified copy of the court order, the original petition, and the district attorney’s answer to the Vital Records Registry at the Louisiana Department of Health.⁷ The amendment fee is $27.50, which includes one certified copy of the updated record.⁸ A marriage-based change doesn’t require a birth certificate amendment; the marriage certificate itself proves your name.

Voter Registration

You can update your Louisiana voter registration online through the Secretary of State’s website. You’ll need your updated Louisiana driver’s license or state ID, including the four-digit audit code printed on the front of the card.⁹ Do this after the OMV so the names match. If an election is close, move this up the list to avoid problems at the polls.

Taxes

You don’t need to notify the IRS separately. Updating with the SSA handles the federal tax side. The rule to remember: the name on your tax return must match the name on your Social Security card, or the IRS can delay your refund. If you’re filing a joint return and haven’t updated with the SSA yet, use your former name on the return.¹⁰

Everything Else

After the government agencies, work through your remaining accounts: your U.S. passport through the State Department, bank and financial accounts, employer payroll, insurance policies, and any professional licenses. Most institutions will ask for a certified copy of your legal name-change document, so order several certified copies when you pick up your court order or marriage certificate.

1
Justia Law. Louisiana Civil Code Article 100 – Surname of Married Persons
2
Louisiana Department of Public Safety. Office of Motor Vehicles Policy 22.00 Name Changes and Usage
3
Justia Law. Louisiana Code 13:4751 – Petition for Name Change Adults Minors
4
Justia Law. Louisiana Code 13:4752 – Representation of State Service
5
USAGov. How to Change Your Name and What Government Agencies to Notify
6
Social Security Administration. Change Name with Social Security
7
Louisiana Department of Health. Amendments to Birth Records
8
Louisiana Department of Health. Service Fees
9
Louisiana Secretary of State. Online Voter Registration
10
Internal Revenue Service. Name Changes and Social Security Number Matching Issues