How to Complete and File the NC Petition for Name Change (Minor)

To change a child’s legal name in North Carolina, a parent or guardian files a petition with the Clerk of Superior Court in the county where the child lives. The NC petition for name change for a minor costs $120 to file, requires both parents’ consent in most cases, and takes a few weeks once your documents are notarized and the required ten-day courthouse notice has been posted.¹

Who Can File

A parent, both parents jointly, a guardian appointed under Chapter 35A, or a guardian ad litem appointed under Rule 17 of the Rules of Civil Procedure may file the petition. A parent filing alone can join the minor’s petition with the parent’s own name change application if both are happening at once.¹

The Parental Consent Rule

Both living parents must consent to the change. If the other parent is on the birth certificate or has been established as a parent by court order, the clerk will not accept the petition without that parent’s written, notarized consent.² This is the single most common reason filings stall.

The statute allows a petition to move forward without the other parent’s consent in three situations:

The child is under 16 and the other parent has abandoned them. If no court has already made an abandonment finding, the clerk can make one after sending 10 days’ written notice by registered or certified mail to the absent parent’s last known address.
The child is 16 or older and files personally, with the consent of the custodial parent who has supported them, when the clerk is satisfied the other parent has abandoned the child.
The other parent has been convicted of certain offenses against the minor or a sibling of the minor.

Each of these paths requires documentation. For abandonment, expect the clerk to ask for evidence of non-support and the absent parent’s last known address. If the other parent’s rights have already been terminated by court order, that termination removes the consent requirement.¹

What to Gather Before Filing

Some requirements apply to every minor petition. Others only apply once the child turns 16.

For Every Petition

You need the child’s true legal name, the proposed new name, county of birth, date of birth, and both parents’ full names exactly as they appear on the birth certificate. The petition also requires a sworn statement that the child is a bona fide resident of the county where you are filing.³ Bring the original birth certificate or a certified copy; clerks will not verify from a photocopy.

The application includes a sworn statement about any outstanding tax or child support obligations. For a minor’s petition, this typically concerns the filing parent, though the clerk may ask about the child as well.³

You also need to state good and sufficient reasons for the change. Common ones include adoption, family reunification, aligning the child’s surname with a stepparent’s, or correcting a name that was recorded incorrectly at birth. Be specific; the clerk weighs this explanation when deciding whether to grant the petition.

Additional Requirements for a Child 16 or Older

A state and national criminal history record check conducted within 90 days of filing must be included. The check is run through the State Bureau of Investigation, the FBI, or an FBI-approved channeler, and the clerk’s office can point you to a local fingerprinting agency or vendor.³

The petition must also include sworn affidavits from at least two residents of the same county attesting to the child’s good character and reputation. Many clerks’ offices require these witnesses to be at least 18, unrelated to the minor by blood or marriage, and to have known the child for at least two years. Each affidavit is notarized before filing.¹

Neither the background check nor the character affidavits apply to children under 16.

The Forms

North Carolina courts publish self-serve packets specifically for minor name changes, available at the clerk of court’s office or through the North Carolina Judicial Branch website. The packet for a child under 16 differs from the packet for a child 16 or older, mainly because the older packet includes the affidavit-of-character forms and background check instructions.⁴ Ask the clerk for the minor-specific packet if you are downloading forms yourself, since several similarly named North Carolina name change forms exist for adults or for resuming a former name after divorce.

A typical packet includes a petition, a verification signed by the petitioner, an order and certificate for the clerk to complete, and (for a child 16 or older) the two character affidavit forms. Type or print in black ink, and sign the petition and any affidavits in front of a notary. Unnotarized documents will be rejected.

Posting the Ten-Day Courthouse Notice

Before the petition can be filed, a notice of intent to change the child’s name must be posted on the courthouse bulletin board for at least ten consecutive calendar days. Take the notice to the civil filings window to have it time-stamped before posting. If the tenth day falls on a weekend or court holiday, the notice remains up until 5:00 p.m. on the next business day. There is no charge for the posting.

The notice states the child’s current legal name, the proposed new name, and the intended filing date. It gives any interested party the chance to object before the clerk rules.

When you are filing without the other parent’s consent based on abandonment, a separate 10-day mailed notice is required to the absent parent’s last known address, and the clerk then decides whether abandonment has occurred.¹

Filing and the Clerk’s Decision

Once the posting period ends, bring the complete notarized packet to the clerk of superior court along with the $120 filing fee. Most offices accept cash, money orders, or certified checks; policies on personal checks and credit cards vary by county.⁵ Order several certified copies of the final order at filing time. You will need them for the birth certificate, Social Security, school, and insurance updates, and certified copies cost only a few dollars each.⁶

The clerk reviews the petition, background check and character affidavits where required, the sworn statement on obligations, and any other information the clerk finds relevant. Additional documentation can be requested.³ If satisfied that good and sufficient reasons exist, the clerk issues an order granting the change and a certificate under the clerk’s hand and seal. The order and application are recorded on the special proceedings docket.

Limits and Confidentiality

A minor’s name may be changed no more than twice during childhood, and registered sex offenders are barred from obtaining a name change under G.S. 101-6.⁷

The application and record are public by default. If the filing parent or child participates in North Carolina’s Address Confidentiality Program under Chapter 15C, or provides evidence of being a victim of domestic violence, a sexual offense, or stalking, the record is sealed.² Raise this with the clerk at the time of filing if it applies.

After the Order: Updating the Birth Certificate and Other Records

Once the order is granted, the clerk forwards it to the State Registrar of Vital Statistics. If the child was born in North Carolina, the Registrar notes the change on the birth certificate.³ To receive an amended birth certificate, submit an application to North Carolina Vital Records with a certified copy of the court order and a $39 nonrefundable fee. That fee covers the record search, amendment processing, and one copy of the amended certificate if approved.⁸ Mail the completed form, the certified court order, and a certified check or money order for $39 payable to N.C. Vital Records.⁹ For a child born in another state, contact that state’s vital records office. North Carolina can only amend certificates it issued.

To update the Social Security card, file Form SS-5 at a local Social Security Administration office. You need a document showing both the old and new names (the court order works) plus proof of the child’s identity such as a school ID, medical record, or the amended birth certificate. The SSA does not accept the birth certificate alone as identity proof; it must be paired with another document, and only originals or certified copies are accepted. Bring your own ID as well. There is no fee for the replacement card.¹⁰

If the child has a passport, submit Form DS-5504 with the certified court order at no charge when the name change happens within one year of the passport’s issue date. After one year, apply for a new passport in person using Form DS-11 with the standard fee. Either way, include the certified court order.¹¹

Send a certified copy of the order to the child’s school registrar, pediatrician, and health insurer. Most schools update records within days, and updating the insurance policy early prevents claim-processing problems later.

1
North Carolina General Assembly. North Carolina Code Chapter 101 – Names of Persons
2
North Carolina General Assembly. North Carolina Code 101-2 – Procedure for Changing Name, Petition, Notice
3
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
4
North Carolina Judicial Branch. Name Change Minor Under the Age of 16
5
Dare County, NC. Legal Name Changes
6
Harnett County Clerk of Court. Harnett County Name Change
7
North Carolina General Assembly. North Carolina Code Chapter 101 – Names of Persons
8
North Carolina Vital Records. NC Vital Records – Change a Record
9
North Carolina Department of Health and Human Services. Birth Certificate Modification Application
10
Social Security Administration. Application for a Social Security Card
11
U.S. Department of State – Bureau of Consular Affairs. Change or Correct a Passport