A BILL TO BE ENTITLED AN ACT TO CLARIFY CERTAIN NAME CHANGE REQUIREMENTS AND AUTHORIZE A PARENT TO APPLY FOR A NAME CHANGE FOR A MINOR CHILD WITHOUT CONSENT OF THE OTHER PARENT IF THE OTHER PARENT HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES AGAINST THE MINOR CHILD OR A SIBLING OF THE MINOR CHILD. Enacted May 8, 2013. Effective October 1, 2013.
NAME CHANGE REQUIREMENTS FOR MINORS.
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| View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO CLARIFY CERTAIN NAME CHANGE REQUIREMENTS AND AUTHORIZE A PARENT TO APPLY FOR A NAME CHANGE FOR A MINOR CHILD WITHOUT CONSENT OF THE OTHER PARENT IF THE OTHER PARENT HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES AGAINST THE MINOR CHILD OR A SIBLING OF THE MINOR CHILD.Intro. by Bingham.
Status: Ch. SL 2013-42 (Senate Action) (May 8 2013)
Bill History:
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Tue, 19 Mar 2013 Senate: Filed
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Wed, 20 Mar 2013 Senate: Passed 1st Reading
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Wed, 20 Mar 2013 Senate: Ref To Com On Judiciary II
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Wed, 3 Apr 2013 Senate: Reptd Fav Com Substitute
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Wed, 3 Apr 2013 Senate: Com Substitute Adopted
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Thu, 4 Apr 2013 Senate: Passed 2nd Reading
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Thu, 4 Apr 2013 Senate: Passed 3rd Reading
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Mon, 8 Apr 2013 House: Rec From Senate
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Tue, 9 Apr 2013 House: Passed 1st Reading
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Tue, 9 Apr 2013 House: Ref To Com On Judiciary Subcommittee C
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Thu, 18 Apr 2013 House: Reptd Fav Com Substitute
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Thu, 18 Apr 2013 House: Cal Pursuant Rule 36(b)
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Thu, 18 Apr 2013 House: Placed On Cal For 04/22/2013
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Mon, 22 Apr 2013 House: Postponed To 04/23/2013
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Tue, 23 Apr 2013 House: Passed 2nd Reading
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Tue, 23 Apr 2013 House: Passed 3rd Reading
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Wed, 24 Apr 2013 Senate: Rec To Concur H Com Sub
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Wed, 24 Apr 2013 Senate: Placed On Cal For 04/25/2013
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Thu, 25 Apr 2013 Senate: Withdrawn From Cal
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Thu, 25 Apr 2013 Senate: Placed On Cal For 04/29/2013
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Mon, 29 Apr 2013 Senate: Concurred In H/Com Sub
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Mon, 29 Apr 2013 Senate: Ordered Enrolled
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Tue, 30 Apr 2013 Ratified
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Wed, 1 May 2013 Pres. To Gov. 05/01/2013
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Wed, 8 May 2013 Signed by Gov. 5/8/2013
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Wed, 8 May 2013 Ch. SL 2013-42
S 369/S.L. 2013-42
Bill Summaries:
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Summary date: May 9 2013 - View Summary
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Bill S 369 (2013-2014)Summary date: Apr 18 2013 - View Summary
House committee substitute makes the following changes to the 2nd edition.
Amends GS 101-2(d), providing that an application to change the name of a minor child may be filed by the child's guardian ad litem appointed under Rule 17 of the Rules of Civil Procedure (previous edition stated the name change could be filed by the guardian ad litem pursuant to GS 7B-601).
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Bill S 369 (2013-2014)Summary date: Apr 3 2013 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Changes long title.
Provides references to the authorizing statutes that allow a legal guardian to file for a minor child name change, pursuant to GS Chapter 35A, Article 6, as well as a guardian ad litem, pursuant to GS 7B-601.
Provides that 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 certain specified offenses against the minor or a sibling of the minor (in the previous edition, could only file for a name change if the offense was committed against the minor). Requires the parent who files on behalf of the minor pursuant to this subdivision to submit proof of the other parent's conviction to the clerk at the time of filing. Makes clarifying changes.
Amends GS 101-5 (Name change application requirements; grounds for clerk to order or deny name change; certificate and record), providing that an applicant for a name change must also submit with the application the results of a state and national criminal history record check conducted within 90 days of the date of application by the State Bureau of Investigation, the FBI, or a channeler approved by the FBI. This requirement does not apply to an application to change the name of a minor less than 16 years old. Provides that if a name change is not a matter of public record pursuant to GS 101-2(c), the clerk will notify the State Registrar, but the Registrar will not notify the register of deeds in the applicant's county of birth or the registration office of the state of birth.
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Bill S 369 (2013-2014)Summary date: Mar 19 2013 - View Summary
Amends GS 101-2(d), providing that a minor child cannot change his or her name without the consent of both parents, if both parents are living, unless (1) a minor has reached the age of 16 and 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 the other parent has abandoned the child; (2) a parent may file on behalf of the minor without the consent of the other parent if the other parent has abandoned the child; or (3) the parent can file without the consent of the other parent when the other parent has been convicted of felonious or misdemeanor child abuse, taking indecent liberties with a minor, rape or any other sex offense, incest, assault, communicating a threat, or any other crime of violence.
Clarifies how abandonment of a child can be shown.
Effective October 1, 2013, applying to applications for name changes filed on or after that date.
View: All Summaries for Bill
Senate committee substitute changes the long title. The original long title was:
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A PARENT TO APPLY FOR A NAME CHANGE FOR A MINOR CHILD WITHOUT CONSENT OF THE OTHER PARENT IF THE OTHER PARENT HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES AGAINST THE MINOR CHILD.