§ 32-28-02 — Change of name of person - Petition - Criminal history record checks - Exceptions

North Dakota § 32-28-02

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-28: Change of Names of Persons and Places

Text

Exceptions.
1. Any person desiring to change that person's name may file a petition in the district
court of the county in which the person is a resident, setting forth:
a. That the petitioner is a citizen or permanent resident alien of the United States.
b. That the petitioner has been a bona fide resident of the county for at least six
months before the filing of the petition.
c. The reason for which the change of the petitioner's name is sought.
d. The name requested.
2. When an individual files a petition for a name change, the court shall determine
whether the petitioner has a criminal history in this state or any other state. The court
may require the petitioner to submit to a statewide and nationwide criminal history
record check. The criminal history record check must be conducted in the manner
provided for in section 12-60-24. All costs associated with the criminal history record
check are the responsibility of the petitioner. This subsection does not apply to a
request for a name change as part of an application for a marriage license under
section 14-03-20, to a request for a name change in conjunction with the annulment of
a marriage under chapter 14-04 or the dissolution or separation of a marriage under
chapter 14-05, or to the change of a minor's name unless the court has reason to
believe the request is being made to defraud or mislead, is not being made in good
faith, will cause injury to an individual, or will compromise public safety. If the individual
petitioning for a name change has a felony conviction under a law of this state or a law
of another state or the federal government, the request is presumed to be made in bad
faith, to defraud or mislead, to cause injury to an individual, or to compromise public
safety. The name change may not be granted unless the individual requesting the
name change proves by clear and convincing evidence that the request is not based
upon an intent to defraud or mislead, is made in good faith, will not cause injury to an
individual, and will not compromise public safety.
3. The judge of the district court, upon being duly satisfied by affidavit or proof in open
court of the truth of the allegations set forth in the petition, that there exists proper and
reasonable cause for changing the name of the petitioner, and that thirty days'
previous notice of the intended application has been given in the official newspaper of
the county in which the petitioner resides, shall order a change of the name of the
petitioner. Proper and reasonable cause does not exist if the court determines that the
request for a name change is made to defraud or mislead, is not made in good faith,
will cause injury to an individual, or will compromise public safety. The court may waive
publication of the notice when the proposed change relates only to a first or given
name as distinguished from a surname or upon evidence satisfactory to the court that
the petitioner has been the victim of domestic violence as defined in section
14-07.1-01.
4. If the person whose name is to be changed is a minor, the court shall consider the
appointment of a guardian ad litem, and notice of the intended application must be
published in the official newspaper of the county in which the minor resides and, if
different, the official newspaper of the county in which each of the minor's parents
reside. If the minor has a noncustodial parent, a copy of the notice must be deposited
in a post office in this state, postage prepaid, not later than ten days after the
publication of the notice, and directed to the noncustodial parent's last reasonably
ascertained post-office address. An affidavit of mailing of the notice prepared in

accordance with the North Dakota Rules of Civil Procedure must be filed with the
court.
5. If the court issues a name change order for a petitioner who has a criminal history in
this or any other state, the court, within ten days after the issuance of the change of
name order, shall report the name change to the bureau of criminal investigation.
6. The provisions of this section may not delay the granting of a marriage license under
section 14-03-20, which may be granted without the change of name.