701 - Court approval required for change of name.

                                CHAPTER 7                         JUDICIAL CHANGE OF NAME     Sec.     701.  Court approval required for change of name.     702.  Change by order of court.     703.  Effect on children.     704.  Divorcing and divorced person may resume prior name.     704.1. Surviving spouse may resume prior name.     705.  Penalty for violation of chapter.        Enactment.  Present Chapter 7 was added December 16, 1982,     P.L.1309, No.295, effective in 90 days.        Prior Provisions.  Former Chapter 7, which related to the     same subject matter, was added November 15, 1972, P.L.1063,     No.271, and repealed December 16, 1982, P.L.1309, No.295,     effective in 90 days.        Cross References.  Chapter 7 is referred to in section 5105     of Title 23 (Domestic Relations).     § 701.  Court approval required for change of name.        (a)  General rule.--Except as set forth in subsection (b), it     shall be unlawful for any person to assume a name different from     the name by which such person is and has been known, unless such     change in name is made pursuant to proceedings in court in     accordance with subsection (a.1).        (a.1)  Procedure.--            (1)  An individual must file a petition in the court of        common pleas of the county in which the individual resides.        If a petitioner is married, the petitioner's spouse may join        as a party petitioner, in which event, upon compliance with        the provisions of this subsection, the spouse shall also be        entitled to the benefits of this subsection.            (2)  The petition must set forth all of the following:                (i)  The intention to change the petitioner's name.                (ii)  The reason for the name change.                (iii)  The current residence of petitioner.                (iv)  Any residence of the petitioner for the five            years prior to the date of the petition.                (v)  If the petitioner requests the court proceed            under paragraph (3)(iii).            (3)  Upon filing of the petition, the court shall do all        of the following:                (i)  Set a date for a hearing on the petition. The            hearing shall be held not less than one month nor more            than three months after the petition is filed.                (ii)  Except as provided in subparagraph (iii), by            order, direct that notice be given of the filing of the            petition and of the date set for the hearing on the            petition and that the notice be treated as follows:                    (A)  Published in two newspapers of general                circulation in the county where the petitioner                resides or a county contiguous to that county. One of                the publications may be in the official paper for the                publication of legal notices in the county.                    (B)  Given to any nonpetitioning parent of a                child whose name may be affected by the proceedings.                (iii)  If the court finds that the notice required in            subparagraph (ii) would jeopardize the safety of the            person seeking the name change or his or her child or            ward, the notice required shall be waived by order of the            court. Upon granting the request to waive any notice            requirement, the court shall seal the file. In all cases            filed under this paragraph, whether or not the name            change petition is granted, there shall be no public            access to any court record of the name change petition,            proceeding or order, unless the name change is granted            but the file is not sealed. The records shall only be            opened by order of the court in which the petition was            granted based upon a showing of good cause or at the            applicant's request.            (4)  At the hearing, the following apply:                (i)  Any person having lawful objection to the change            of name may appear and be heard.                (ii)  The petitioner must present to the court all of            the following:                    (A)  Proof of publication of the notice under                paragraph (3)(ii) unless petitioner requested the                court proceed under paragraph (3)(iii) and the court                granted the request.                    (B)  An official search of the proper offices of                the county where petitioner resides and of any other                county where petitioner has resided within five years                prior to filing the petition showing that there are                no judgments, decrees of record or other similar                matters against the petitioner. This clause may be                satisfied by a certificate given by a corporation                authorized by law to make the search under this                clause.            (5)  The court may enter a decree changing the name as        petitioned if the court is satisfied after the hearing that        there is no lawful objection to the granting of the petition.        (b)  Informal change of name.--Notwithstanding subsection     (a), a person may at any time adopt and use any name if such     name is used consistently, nonfraudulently and exclusively. The     adoption of such name shall not, however, be in contravention of     the prohibitions contained in section 702(c) (relating to change     by order of court).     (June 18, 1998, P.L.638, No.83, eff. 60 days; Nov. 30, 2004,     P.L.1684, No.214, eff. 60 days)        2004 Amendment.  Act 214 amended subsec. (a) and added     subsec. (a.1).