Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/20-105
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/20-105)
(from Ch. 110, par. 20-105)
Certain rights not affected.
No judgment entered
pursuant to this Article shall affect the rights of any bona fide
purchaser, mortgagee, judgment creditor or other lien holder arising prior
to the date on which a transcript, certified copy or memorandum of such
judgment is filed in the office of the recorder of deeds or registrar of
titles in the county in which real estate subject to the lien is located.
(Source: P.A. 84-1462.)
735 ILCS 5/Art. XXI
(735 ILCS 5/Art. XXI heading)
CHANGE OF NAME
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
735 ILCS 5/21-102
(735 ILCS 5/21-102)
(from Ch. 110, par. 21-102)
Petition; update criminal history transcript.
(a) The petition shall set forth the name then held,
the name sought to be assumed, the residence of the petitioner, the length
of time the petitioner has resided in this State, and the state or country
of the petitioner's nativity or supposed nativity. The petition shall include a statement, verified under oath as provided under Section 1-109 of this Code, whether or not the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition if granted: (1) 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 (2) has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. The petition shall be
signed by the person petitioning or, in case of minors, by the parent or
guardian having the legal custody of the minor. The petition shall be
verified by the affidavit of some credible person.
(b) If the statement provided under subsection (a) of this Section indicates the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition, if granted, 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, the State's Attorney may request the court to or the court may on its own motion, require the person, prior to a hearing on the petition, to initiate an update of his or her criminal history transcript with the Department of State Police. The Department shall allow a person to use the Access and Review process, established by rule in the Department, for this purpose. Upon completion of the update of the criminal history transcript, the petitioner shall file confirmation of each update with the court, which shall seal the records from disclosure outside of court proceedings on the petition.
(Source: P.A. 100-370, eff. 1-1-18
735 ILCS 5/21-102.5
(735 ILCS 5/21-102.5)
(a) The circuit court clerk shall promptly
serve a copy of the petition on the State's Attorney and the Department of State Police.
(b) The State's Attorney
may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection. Objections to a petition must be filed within 30 days of the date of service of the petition upon the State's Attorney.
(Source: P.A. 100-370, eff. 1-1-18
735 ILCS 5/21-103
(735 ILCS 5/21-103)
(from Ch. 110, par. 21-103)
Notice by publication.
(a) Previous notice shall be given of the intended application by
publishing a notice thereof in some newspaper published in the municipality
in which the person resides if the municipality is in a county with a
population under 2,000,000, or if the person does not reside
in a municipality in a county with a population under 2,000,000,
or if no newspaper is published in the municipality or if the person resides
in a county with a population of 2,000,000 or more, then in some newspaper
published in the county where the person resides, or if no newspaper
is published in that county, then in some convenient newspaper published
in this State. The notice shall be inserted for 3 consecutive weeks after filing, the
first insertion to be at least 6 weeks before the return day upon which
the petition is to be heard, and shall be signed by the petitioner or, in
case of a minor, the minor's parent or guardian, and shall set
forth the return day of court on which the petition is to be heard and the
name sought to be assumed.
(b) The publication requirement of subsection (a) shall not be
required in any application for a change of name involving a minor if,
before making judgment under this Article, reasonable notice and opportunity
to be heard is given to any parent whose parental rights have not been
previously terminated and to any person who has physical custody of the
child. If any of these persons are outside this State, notice and
opportunity to be heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name.
(b-5) Upon motion, the court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a written declaration that the person believes that publishing notice of the name change would put the person at risk of physical harm or discrimination. The person must provide evidence to support the claim that publishing notice of the name change would put the person at risk of physical harm or discrimination.
(c) The Director of State Police or his or her designee may apply to the
for an order directing that the notice and publication requirements of
this Section be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as provided under Section 1-109 of this Code, attesting that the petitioner is or has been a person protected under the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, the Civil No Contact Order Act, Article 112A of the Code of Criminal Procedure of 1963, a condition of bail under subsections (b) through (d) of Section 110-10 of the Code of Criminal Procedure of 1963, or a similar provision of a law in another state or jurisdiction.
The petitioner may attach to the statement any supporting documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1).
(c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case.
(d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective date of P.A. 100-520); 100-788, eff. 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, eff. 1-1-20
735 ILCS 5/21-103.5
(735 ILCS 5/21-103.5)
Change of name involving a minor.
In any application for a change of name involving a minor, before a judgment under this Article may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under Section 602.5 or 602.7 of the Illinois Marriage and Dissolution of Marriage Act. If any of these persons is outside this State, notice and an opportunity to be heard shall be given under Section 21-104.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective date of P.A. 100-520).)
735 ILCS 5/21-104
(735 ILCS 5/21-104)
(from Ch. 110, par. 21-104)
Process and notice to persons outside this State.
(a) Process in change of name proceedings shall be governed by this Code.
(b) Notice in all change of name proceedings required for the exercise
of jurisdiction over a person outside this State shall be given in a manner
best calculated to give actual notice and shall be given in one of the
(1) By personal delivery outside this State in the
manner prescribed for service of process within this State.
(2) In the manner prescribed by the law of the place
in which the service is made for service of process in that place in an action in any of its courts of general jurisdiction.
(3) By any form of mail addressed to the person to be
served and requesting a receipt.
(4) As directed by the court if other means of
notification are ineffective.
(c) Notice under this Section shall be served, mailed, or delivered at
least 10 days before any hearing in this State.
(d) Proof of service outside this State may be made by affidavit of the
individual who made the service or in the manner prescribed by the law of
this State, the order pursuant to which the service is made, or the law of
the place in which the service is made. If service is made by mail, proof
may be a receipt signed by the addressee or other evidence of delivery to
(Source: P.A. 87-409.)