Illinois Compiled Statutes
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735 ILCS 5/21-101
(735 ILCS 5/21-101)
(from Ch. 110, par. 21-101)
(a) If any person who is a resident of
this State and has resided in this State for 6 months desires to change his
or her name and to assume another name by which to be afterwards called and
known, the person may file a petition in the circuit court of the county
wherein he or she resides praying for that relief.
filing of a petition in accordance with this Section shall be the sole and
exclusive means by which any person committed under the laws of this State
to a penal institution may change his or her name and assume another
name. However, any person convicted of a felony in this State or any other
who has not been pardoned may not file a
petition for a name change until 10 years have passed since completion and
discharge from his or her sentence. A person who has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal
sexual abuse when the victim of the offense at the time of its commission is
under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor
indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an
adult, or any other offense for which a person is required to register under the Sex Offender Registration Act in this State or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois.
(c) A petitioner may include his or her
and adult unmarried children,
with their consent, and his or her minor children where it appears to the
court that it is for their best interest, in the petition and prayer, and
the court's order shall then include the spouse and children. Whenever any
minor has resided in the family of any person for the space of 3 years
and has been recognized and known as an adopted child in the family of
that person, the application herein provided for may be made by the person
having that minor in his or her family.
An order shall be entered as to a minor only if the court finds by
clear and convincing evidence that the change is necessary to serve the
best interest of the child. In determining the best interest of a minor
child under this Section, the court shall consider all relevant factors,
(1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those
wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
(3) The interaction and interrelationship of the
child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
(4) The child's adjustment to his or her home,
(d) If it appears to the
court that the conditions and requirements under this Article have been complied with and
that there is no reason why the prayer should not be granted, the court, by
an order to be entered of record, may direct and provide that the name of
that person be changed in accordance with the prayer in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Department of State Police. The Department of State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.
(Source: P.A. 100-370, eff. 1-1-18