§ 33-22-28. Name change.
(a) In every petition for change of name in the probate court, the judge shall grant or deny the petition without consideration of presence or absence of spousal consent. The change of name of a person shall be granted unless such change is sought for fraudulent purposes.
(b) A person may petition to change that person’s name in the probate court in the town or city where the person resides.
(c) If a petitioner is indigent, or demonstrates a limited or inability to pay, the court costs may be waived or reduced.
(d) Upon receipt of a petition to change name by an adult, the court may change the name of that adult. The court shall not require public notice or publication before approving the name change.
(e) The court may require a person seeking a name change to undergo a criminal history record check.
(f) The court shall make and preserve a record of a name change.
(g) The court shall, at the request of the person or sua sponte, order the records, including docket entries, of such name change proceedings sealed, to be opened only by order of the court for good cause shown or at the request of the person, if the court finds that an open record of the person’s name change would jeopardize such person’s safety based on the totality of the circumstances.
(1) For the purpose of this section, “totality of the circumstances” shall include, but not be limited to, a consideration of the risk of violence or discrimination against the person, including the person’s status as transgender or as a survivor of domestic violence.
(2) The court shall not deny such sealing request solely on the basis that the person lacks specific instances of or a personal history of threats to their personal safety.
(h) This statute is in addition to, and not in abrogation of, the common law.
History of Section.
P.L. 1991, ch. 63, § 1; P.L. 2024, ch. 163, § 1, effective June 17, 2024; P.L. 2024,
ch. 165, § 1, effective June 17, 2024.