How to Fill Out and File the Louisiana Minor Name Change Petition

To file a Louisiana minor name change petition, a parent or legal guardian submits a petition to district court under Louisiana Revised Statutes 13:4751 through 13:4755, serves the District Attorney, and asks a judge to sign a judgment finding that the change serves the child’s best interests. The whole process usually takes a few weeks to a few months, depending on the parish and whether anyone objects.

Where to File

You have three venue choices. File in the district court of the parish where the child lives, the parish where the child was born (if born in Louisiana), or Orleans Parish, which houses the state’s Vital Records Registry.¹ Most people file in the parish of residence so any hearing stays close to home. File with the Clerk of Court in the parish you choose.

What Goes in the Petition

Many parishes hand out a pre-formatted petition through the Clerk of Court or a judicial self-help center. If yours doesn’t, other Louisiana judicial districts publish templates you can adapt; the 21st Judicial District Court, for example, offers a downloadable minor name change petition.²

Whichever form you use, the petition should include:

The child’s current legal name, exactly as it appears on the birth certificate.
The proposed new name, spelled out in full.
Date and place of birth.
The child’s Social Security number.
The parish of domicile, establishing proper venue.
The reasons for the change, such as adoption, matching a custodial parent’s surname, or another legitimate purpose.

Check every spelling carefully. A typo carries through to the judgment, and fixing it later means additional filings. Some parishes require the petition to be notarized before you file, so ask your Clerk of Court or take it to a notary first.³ The petition is signed under oath.

Who Has to Sign

Both the father and mother listed on the birth certificate must sign the petition. If one parent is deceased, the surviving parent signs alone. If both are deceased, the child’s court-appointed tutor signs. Either parent may sign alone if the child was originally given a surname that Louisiana’s birth registration law (R.S. 40:34.2) doesn’t allow.⁴

When One Parent Can File Without the Other’s Consent

A parent who has been awarded custody by a court can file without the other parent’s signature, provided the other parent is served with a copy of the petition and one of the following is true:

The other parent has failed to comply with a court-ordered support obligation for at least one year.
The other parent has failed to support the child for at least three years after the custody judgment was entered.
The other parent is not paying support and, without good reason, has refused or failed to visit or communicate with the child for at least two years.

Consent is also not required if the other parent’s rights have been formally terminated.⁴ Bring evidence to court: support orders, payment records, and documentation of any contact attempts. The served parent has the right to appear and object.

Serving the District Attorney

Every name change petition in Louisiana must be served on the District Attorney for the parish where you file. This is a separate step from filing with the Clerk of Court, and no judge will sign the judgment until it is done.⁵ The DA represents the state’s interest and screens the petition for concerns like fraud, evasion of law enforcement, or avoidance of financial obligations.

You can usually complete service by hand-delivering the petition to the DA’s office or having the sheriff serve it. The DA’s office then runs a criminal history and background check on the petitioner and reviews the filing. If the office has no concerns, it files an Answer and Waiver of Trial. If it finds a problem, it files a formal objection.⁶

Filing Fees

Fees vary by parish. Jefferson Parish charges $250, which includes one service.⁷ Lafayette Parish takes a $300 advance deposit that also includes one service, with each additional service costing $100.⁸ Call your Clerk of Court for exact figures. All costs of the proceeding fall on the petitioner.

If you can’t afford the fees, ask to proceed in forma pauperis. You file an affidavit swearing you can’t pay, and a witness familiar with your finances also attests to the court that you can’t afford the costs.³

Who Cannot Petition

Louisiana bars some petitioners outright. A parent or guardian convicted of a felony cannot file until the entire sentence is satisfied, including any probation or parole. Anyone convicted of a felony classified as a crime of violence under R.S. 14:2(B) is permanently barred from petitioning.⁴ The restriction is on the petitioning adult, not the child. The DA’s background check is designed to catch these bars before the case reaches a judge.

The Hearing and the Judgment

Once the petition is filed, the DA has answered, and any served parent has had a chance to object, the case is assigned to a judge. The judge usually holds a brief hearing to confirm the facts. Louisiana courts apply a best-interests-of-the-child standard and typically weigh the child’s preference (with age in mind), how long the child has used the current name, any harassment or embarrassment tied to the current or proposed name, and the motives of the petitioning parent.

A judge is never required to approve a name change and can deny the petition after review even when no one objects.¹ If the judge grants it, they sign a Judgment of Name Change.

Recording the Judgment and Updating Records

The signed judgment must be recorded in the miscellaneous records of the parish where it was granted. The new name becomes the child’s true and lawful name once that recording happens.⁹

Birth Certificate

To amend the child’s birth certificate, send a certified copy of the name change judgment, the petition, and the DA’s answer to the Louisiana Vital Records Registry.¹⁰ The state registrar amends the record to reflect the new name. The fee is $27.50 and includes one certified copy of the updated record.¹¹

Social Security Card

File Form SS-5 with the Social Security Administration to update the child’s card. You’ll need a document showing both the old and new names (the certified judgment works), plus proof of your identity and authority to act for the child. SSA accepts only originals or copies certified by the issuing agency; notarized photocopies aren’t accepted. The child keeps the same Social Security number, and a card reissued for a legal name change does not count against the normal replacement limits.¹²

Once the birth certificate and Social Security card reflect the new name, use them to update school enrollment, health insurance, passport applications, and any other records in the child’s name.

1
4th JDC Self Help. Name Change (Minor)
2
21st Judicial District Court. Louisiana Petition for Name Change of Minor Form
3
9th JDC Self Help. Name Change (MINOR)
4
Justia. Louisiana Code RS 13:4751 – Petition for Name Change; Adults; Minors
5
Justia. Louisiana Code RS 13:4752 – Representation of State; Service
6
Orleans Parish District Attorney. Name Change
7
Jefferson Parish Clerk of Court. Fees
8
Lafayette Parish Clerk of Court. Fees
9
Justia. Louisiana Code RS 13:4754 – Judgment; True and Lawful Name; Altering Birth Record
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Louisiana Department of Health. Amendments to Birth Records
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Louisiana Department of Health. Service Fees
12
Social Security Administration. Application for a Social Security Card