Public Act 094-0944
 
HB4179 Enrolled LRB094 15041 LCT 50171 b

    AN ACT concerning name changes.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 21-101 as follows:
 
    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
    Sec. 21-101. Proceedings; parties. 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. If it appears to the
court that the conditions hereinafter mentioned 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. The 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, misdemeanor criminal sexual abuse when the victim of
the offense at the time of its commission is under 18 years of
age, misdemeanor sexual exploitation of a child, misdemeanor
indecent solicitation of a child, or misdemeanor indecent
solicitation of an adult in this State or any other state 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. A person
who is required to register as a sex offender under the Sex
Offender Registration Act may not file a petition for a name
change until the person is no longer under a duty to register
under that Act. A petitioner may include his or her spouse 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,
including:
        (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, school,
    and community.
(Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff.
5-29-96.)