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.
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.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.