North Carolina General Statutes 101-2. Procedure for changing name; petition; notice
(a) A person who wishes, for good cause shown, to change his or her name must file an application before the clerk of the superior court of the county in which the person resides, after giving 10 days’ notice of the application by publication at the courthouse door.
(b) The publication in subsection (a) of this section is not required if the applicant:
(1) Is a participant in the address confidentiality program under Chapter 15C of the N.C. Gen. Stat.; or
Terms Used In North Carolina General Statutes 101-2
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conviction: A judgement of guilt against a criminal defendant.
- Docket: A log containing brief entries of court proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Provides evidence that the applicant is a victim of domestic violence, sexual offense, or stalking. This evidence may include any of the following:
a. Law enforcement, court, or other federal or state agency records or files.
b. Documentation from a program receiving funds from the Domestic Violence Center Fund, if the applicant is alleged to be a victim of domestic violence.
(c) The application and the court’s entire record of the proceedings relating to the applicant’s name change is not a matter of public record where the applicant has complied with subsection (b)(1) or (b)(2) of this section. Records qualifying under this subsection shall be maintained separately from other records, shall be withheld from public inspection, and may be examined only by order of the court or with the written consent of the applicant.
(d) An application to change the name of a minor child may be filed by the child’s parent or parents, guardian appointed under Article 6 of Chapter 35A of the N.C. Gen. Stat., or guardian ad litem appointed under Rule 17 of the Rules of Civil Procedure, and this application may be joined in the application for a change of name filed by the parent or parents. A change of parentage or the addition of information relating to parentage on the birth certificate of any person is governed by N.C. Gen. Stat. § 130A-118 An application to change the name of a minor child may not be filed without the consent of both parents if both parents are living, unless one of the following applies:
(1) A minor who has reached the age of 16 may file an application to change his or her name with the consent of the parent who has custody of the minor and has supported the minor, without the necessity of obtaining the consent of the other parent, when the clerk of court is satisfied that the other parent has abandoned the minor.
(2) A parent may file an application on behalf of the minor without the consent of the other parent if the other parent has abandoned the minor child.
(3) A parent may file an application on behalf of the minor without the consent of the other parent if the other parent has been convicted of any of the following offenses against the minor or a sibling of the minor:
a. Felonious or misdemeanor child abuse.
b. Taking indecent liberties with a minor in violation of N.C. Gen. Stat. § 14-202.1
c. Rape or any other sex offense in violation of Article 7B of Chapter 14 of the N.C. Gen. Stat..
d. Incest in violation of N.C. Gen. Stat. § 14-178
e. Assault, communicating a threat, or any other crime of violence.
For purposes of subdivisions (1) and (2) of this subsection, abandonment may be shown by filing a copy of an order of a court of competent jurisdiction adjudicating that parent’s abandonment of the minor. If a court of competent jurisdiction has not declared the minor to be an abandoned child, the clerk, on 10 days’ written notice by registered or certified mail, directed to the last known address of the parent alleged to have abandoned the child, may determine whether the parent has abandoned the child. If the parent denies that the parent abandoned the child, this issue of fact shall be transferred and determined as provided in N.C. Gen. Stat. § 1-301.2 If abandonment is determined, the consent of the parent is not required. Upon final determination of this issue of fact the proceeding shall be transferred back to the special proceedings docket for further action by the clerk. A parent who files an application on behalf of a minor pursuant to subdivision (3) of this subsection shall submit proof of the other parent’s conviction to the clerk at the time of filing. (1891, c. 145; Rev., s. 2147; C.S., s. 2971; 1947, c. 115; 1953, c. 678; 1955, c. 951, s. 3; 1957, c. 1442; 1959, c. 1161, s. 7; 1971, c. 444, s. 1; 1995, c. 509, s. 135.2(f); 1999-216, s. 13; 2007-116, s. 1; 2013-42, s. 1; 2015-181, s. 47; 2019-243, s. 27.)