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PRINTER'S NO. 420
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
433
Session of
2019
INTRODUCED BY SOLOMON, SIMS, HILL-EVANS, McNEILL, CALTAGIRONE,
T. DAVIS, YOUNGBLOOD, BERNSTINE, ISAACSON, MURT, DRISCOLL,
McCLINTON, CIRESI, NEILSON AND HANBIDGE, FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2019
AN ACT
Amending Title 54 (Names) of the Pennsylvania Consolidated
Statutes, in judicial change of name, further providing for
court approval required for change of name and for change by
order of court.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 701(a.1) of Title 54 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 701. Court approval required for change of name.
* * *
(a.1) Procedure.--
(1) [An] Except for an individual seeking a name change
under subsection (a.2), 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
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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] published on the
database established under subsection (c) 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
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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] 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
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petitioned if the court is satisfied after the hearing that
there is no lawful objection to the granting of the petition.
(a.2) Married couples.--An individual filing a marriage
license who wishes to take the last name of the other party to
the marriage license, or if both parties wish to adopt the same
new last name, may list the individual's premarriage name and
the intended new name on the marriage license. Upon the filing
of a marriage license in which one or both parties to the
marriage license seek a name change, the prothonotary of the
court of common pleas of the county in which the individual has
filed the marriage license shall approve the name change and
enter the newly changed name as a matter of public record for
the county in which the individual resides. The name change
shall be recognized as if the individual changed the
individual's name under this section.
* * *
(c) Database.--The court of common pleas of each county
shall establish a public database on the court's publicly
accessible Internet website that contains the following, except
for information pertaining to individuals who are not required
to provide notice under subsection (a.1)(3)(iii):
(1) Notice required under subsection (a.1)(3)(ii), which
may be deleted after the date of the hearing at the court's
discretion.
(2) Each name change effectuated under this chapter in
the court's county.
Section 2. Section 702(b)(5) of Title 54 is amended by
adding a subparagraph to read:
§ 702. Change by order of court.
* * *
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(b) Procedure.--Prior to entry of an order of approval of
change of name, all of the following shall apply:
* * *
(5) The procedure in this subsection shall not apply to
proceedings involving:
* * *
(iv) A name change under section 701(a.2) (relating
to court approval required for change of name).
* * *
Section 3. This act shall take effect in 60 days.
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