Texas Family Code Chapter 45: Adult and Child Name Changes

To change your name in Texas, you file a verified petition under Chapter 45 of the Texas Family Code in the district court of the county where you live, meet the petition and background-check requirements, and then update your records with each agency after the judge signs the order. Adults follow one track, children follow another, and a person changing their name as part of a divorce has a simpler path built into the divorce decree itself.

Where to File

An adult files in the district court of the county where they live.1State of Texas. Texas Family Code 45.101 – Petition For a child, the person filing must be a parent, managing conservator, or guardian, and the petition goes to the district court in the county where the child resides.2State of Texas. Texas Family Code 45.001 – Who May File and Venue A more convenient courthouse in a neighboring county is not an option. If you recently moved, be sure you can establish residency in the county before you file.

What the Adult Petition Must Contain

The adult petition is verified under oath and asks for more information than most people expect. It must include your current name, the name you want, your sex, race, date of birth, Social Security number, and every driver’s license number you have held in the past ten years.3State of Texas. Texas Family Code 45.102 – Requirements of Petition If you know your FBI number or state identification number from any criminal history system, include those too.

You must also file a complete set of your fingerprints on a card that meets both Texas Department of Public Safety and FBI standards.3State of Texas. Texas Family Code 45.102 – Requirements of Petition This drives the criminal background check the judge sees before ruling. You can get printed at a local law enforcement agency or through a DPS-approved vendor. DPS charges $15 for its fingerprint-based check and the FBI charges roughly $13 for its portion; the vendor may add a service fee.

The petition must disclose whether you have any final felony conviction and whether you are subject to sex offender registration under Chapter 62 of the Code of Criminal Procedure. You also have to list every offense above a Class C misdemeanor you have been charged with, along with the case number and the court where the charge was filed.3State of Texas. Texas Family Code 45.102 – Requirements of Petition Missing information is not an automatic bar; the statute allows a reasonable explanation for why something is not included.

How the Judge Decides

The standard the judge applies depends on your criminal history. For a petitioner with no felony conviction and no sex offender registration obligation, the court must grant the change as long as it is in your interest and in the public interest.4State of Texas. Texas Family Code 45.103 – Order In practice, “public interest” means you are not changing your name to escape debts, dodge a warrant, or commit fraud. Most petitioners clear this easily.

If You Have a Felony Conviction

If you have a final felony conviction, the court has discretion. A judge may grant the change if you have received a certificate of discharge from the Texas Department of Criminal Justice or completed community supervision or juvenile probation, and at least two years have passed since that completion.4State of Texas. Texas Family Code 45.103 – Order A pardon also qualifies. One exception skips the wait: if you are simply asking to adopt the primary name already listed in your criminal history records, the court can approve that without the two-year period.

If You Are Subject to Sex Offender Registration

Registrants face the strictest rules. The court may approve the change only if the public-interest standard is met and the petitioner shows proof of notice to the appropriate local law enforcement authority of the proposed change.4State of Texas. Texas Family Code 45.103 – Order Skipping that notification is a guaranteed denial. As with felonies, adopting the primary name in the criminal history record is an alternative route.

Changing a Child’s Name

A petition for a child’s name change must explain why the new name is in the child’s best interest. Only a parent, managing conservator, or guardian has standing to file, and the petition is verified.2State of Texas. Texas Family Code 45.001 – Who May File and Venue

Consent From the Child

If the child is 10 or older, their written consent must be attached to the petition.5State of Texas. Texas Family Code 45.002 – Requirements of Petition For younger children, no written consent is required, but the judge still evaluates whether the change benefits the child.

Notice to the Other Parent

Every parent whose parental rights have not been terminated, along with every managing conservator and guardian, is entitled to formal legal notice of the petition.6State of Texas. Texas Family Code 45.003 – Citation Notice must be issued and served the same way as in a suit affecting the parent-child relationship under Chapter 102. An informal heads-up to the other parent does not satisfy this requirement. If they oppose the change, they may appear at the hearing and object.

The Best-Interest Standard

The court may order the change only if it finds the new name is in the child’s best interest. The statute lists no specific factors, so judges weigh practical realities: how long the child has used the current name, the relationship with each parent, the effect on those bonds, and any safety concerns. If the child is subject to sex offender registration, the court applies the same heightened standard as for adults, requiring proof that local law enforcement was notified and that the change serves the public interest.7State of Texas. Texas Family Code 45.004 – Order

If You Are Getting Divorced

Chapter 45 offers a streamlined path if you want to change your name as part of a divorce, annulment, or proceeding to declare a marriage void. If you specifically request a return to a prior name in your divorce pleadings, the court must include the name change in the final decree unless it states a reason for denying it.8State of Texas. Texas Family Code 45.105 – Change of Name in Divorce Suit The statute specifically prohibits a judge from denying the request solely to keep family members’ surnames the same. This route avoids a separate filing, separate fees, and the fingerprint requirement that comes with a standalone adult petition.

What It Costs

Filing a name change petition in a Texas district court stacks several statewide fees on top of county-specific fees set by each county’s commissioners court. The statewide side includes a basic clerk’s filing fee, a state consolidated fee for family law cases, a judicial support fee, an e-filing fee, and a records management fee, among others.9Texas Judicial Branch. District Court Civil Filing Fees With county fees added, most filers land in the range of $250 to $350.

Plan for these additional costs:

  • Fingerprinting and background check: roughly $28 for combined DPS and FBI processing, plus any vendor service fee.
  • Notary fee: Texas caps the fee at $10 for administering an oath or affirmation with a certificate and seal.10Texas Secretary of State. Notary Public Educational Information
  • Certified copies of the order: order several. Harris County, for example, charges $5 for certification and seal plus $1 per page, and other county clerks are similar. Three or four copies let you update multiple agencies at once.11Harris County District Clerk. Purchase Copies

What the Order Does Not Change

A name change does not erase debts, contracts, or legal obligations you took on under your old name.12State of Texas. Texas Family Code 45.104 – Liabilities and Rights Unaffected Any lawsuit, debt, or claim that existed before the order carries over, and any rights you held under your prior name are preserved. If someone owed you money under your former name, that obligation still stands.

Updating Your Records After the Judge Signs

The court order does not update anything on its own. You have to contact each agency and institution. The order below saves time because later agencies often want to see that earlier ones have already updated.

Social Security Administration

Start here. Most other agencies expect Social Security records to match your new name before they will process their own updates. SSA requires an original or certified copy of the court order and proof of identity such as a current driver’s license or passport.13Social Security Administration. Learn What Documents You Need for a Social Security Card If your name changed more than two years ago (four years for anyone under 18), you will also need an identity document in your old name so SSA can match you to existing records. The updated card is free.

Texas Driver License or ID

Visit a Texas DPS driver license office within 30 days of the name change to update your license or state ID.14Texas Department of Public Safety. How to Change Information on Your Driver License or ID Card Bring the original certified court order. DPS does not accept photocopies or laminated documents. If the name change was tied to a marriage or divorce, a marriage license, divorce decree, or annulment document works in place of a court order.

U.S. Passport

If your court-ordered name change happened less than a year after your most recent passport was issued, you can use Form DS-5504 to get a corrected passport at no charge.15U.S. Department of State. U.S. Passport Re-Application Form DS-5504 Submit the certified court order with your current passport. After a year, you will need to apply using Form DS-82 (renewal, $130) or Form DS-11 (new application, $130 plus a $35 execution fee).16U.S. Department of State – Bureau of Consular Affairs. Passport Fee Chart

Birth Certificate

To amend a Texas birth certificate, submit an amendment application to the Texas Department of State Health Services, Vital Statistics Unit. The application must be notarized and accompanied by a photocopy of acceptable ID and supporting documents, including the certified court order.17Texas DSHS. Requirements for Changing Vital Records DSHS is strict about completeness. Applications with cross-outs or correction tape are rejected, and you have to start over. Amendment fees are modest, generally $15 to $37 depending on the type of correction.

Banks, Credit Cards, and Credit Reports

Banks, credit card companies, and investment accounts each have their own update process. Most will ask for a certified copy of the court order and a current government-issued ID showing your new name. For credit reports, contact each bureau separately. Equifax, Experian, and TransUnion maintain independent records, and updating one does not update the others. Each bureau’s online portal takes a legal name change request with the court order or updated ID attached. Processing can take up to 30 days. Handling this promptly matters because lenders report under whatever name they have on file, and mismatches create confusion in your credit history.