§ 101-2. Procedure for changing name; petition; notice. - North Carolina Statutes

§ 101‑2.  Procedure forchanging name; petition; notice.

(a)        A person whowishes, for good cause shown, to change his or her name must file anapplication before the clerk of the superior court of the county in which theperson lives, after giving 10 days' notice of the application by publication atthe courthouse door.

(b)        The publication insubsection (a) of this section is not required if the applicant:

(1)        Is a participant inthe address confidentiality program under Chapter 15C of the General Statutes;or

(2)        Provides evidencethat the applicant is a victim of domestic violence, sexual offense, orstalking. This evidence may include any of the following:

a.         Law enforcement,court, or other federal or state agency records or files.

b.         Documentation from aprogram receiving funds from the Domestic Violence Center Fund, if theapplicant is alleged to be a victim of domestic violence.

(c)        The application andthe court's entire record of the proceedings relating to the applicant's namechange is not a matter of public record where the applicant has complied withsubsection (b)(1) or (b)(2) of this section. Records qualifying under thissubsection shall be maintained separately from other records, shall be withheldfrom public inspection, and may be examined only by order of the court or withthe written consent of the applicant.

(d)        An application tochange the name of a minor child may be filed by the child's parent or parents,guardian, or guardian ad litem, and this application may be joined in theapplication for a change of name filed by the parent or parents. Nothing inthis section shall be construed to permit one parent to make an application onbehalf of a minor child without the consent of the other parent if both parentsare living; except that a minor who has reached the age of 16 years, uponproper application to the clerk, may change his or her name with the consent ofthe parent who has custody of the minor and has supported the minor, withoutthe necessity of obtaining the consent of the other parent, when the clerk ofcourt is satisfied that the other parent has abandoned the minor. A change ofparentage or the addition of information relating to parentage on the birthcertificate of any person is governed by G.S. 130A‑118.

The consent of a parent whohas abandoned a minor child is not required if a copy of an order of a court ofcompetent jurisdiction adjudicating that parent's abandonment of the minor iffiled with the clerk. If a court of competent jurisdiction has not declared theminor to be an abandoned child, the clerk, on 10 days' written notice byregistered or certified mail, directed to the last known address of the parentalleged to have abandoned the child, may determine whether the parent hasabandoned the child. If the parent denies that the parent abandoned the child,this issue of fact shall be transferred and determined as provided in G.S. 1‑301.2.If abandonment is determined, the consent of the parent is not required. Uponfinal determination of this issue of fact the proceeding shall be transferredback to the special proceedings docket for further action by the clerk. (1891, c. 145; Rev., s. 2147;C.S., s. 2971; 1947, c. 115; 1953, c. 678; 1955, c. 951, s. 3; 1957, c. 1442;1959, c. 1161, s. 7; 1971, c. 444, s. 1; 1995, c. 509, s. 135.2(f); 1999‑216,s. 13; 2007‑116, s. 1.)