                                 CODE OF VIRGINIA

HOW NAME OF PERSON MAY BE CHANGED (§ 8.01-217)

A. Any person desiring to change his own name, or that of his child or ward, may
apply therefor to the circuit court of the county or city in which the person
whose name is to be changed resides, or if no place of abode exists, such person
may apply to any circuit court which shall consider such application if it finds
that good cause exists therefor under the circumstances alleged. An incarcerated
person may apply to the circuit court of the county or city in which such person
is incarcerated. In case of a minor who has no living parent or guardian, the
application may be made by his next friend. In case of a minor who has both
parents living, the parent who does not join in the application shall be served
with reasonable notice of the application pursuant to &#xA7; 8.01-296 and,
should such parent object to the change of name, a hearing shall be held to
determine whether the change of name is in the best interest of the minor. It
shall not be necessary to effect service upon any parent who files an answer to
the application. If, after application is made on behalf of a minor and an ex
parte hearing is held thereon, the court finds by clear and convincing evidence
that such notice would present a serious threat to the health and safety of the
applicant, the court may waive such notice.

B. Every application shall be under oath and shall include the place of
residence of the applicant, the names of both parents, including the maiden name
of his mother, the date and place of birth of the applicant, the
applicant&#8217;s felony conviction record, if any, whether the applicant is a
person for whom registration with the Sex Offender and Crimes Against Minors
Registry is required pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title
9.1, whether the applicant is presently incarcerated or a probationer with any
court, and if the applicant has previously changed his name, his former name or
names.

C. On any such application and hearing, if such be demanded, the court, shall,
unless the evidence shows that the change of name is sought for a fraudulent
purpose or would otherwise infringe upon the rights of others or, in a case
involving a minor, that the change of name is not in the best interest of the
minor, order a change of name.

D. No application shall be accepted by a court for a change of name of a
probationer, person for whom registration with the Sex Offender and Crimes
Against Minors Registry is required pursuant to Chapter 9 (&#xA7; 9.1-900 et
seq.) of Title 9.1, or incarcerated person unless the court finds that good
cause exists for consideration of such application under the reasons alleged in
the application for the requested change of name. If the court accepts the
application, the court shall mail or deliver a copy of the application to the
attorney for the Commonwealth for the jurisdiction where the application was
filed and the attorney for the Commonwealth for any jurisdiction in the
Commonwealth where a conviction occurred that resulted in the applicant&#8217;s
probation, registration with the Sex Offender and Crimes Against Minors Registry
pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title 9.1, or incarceration.
The attorney for the Commonwealth where the application was filed shall be
entitled to respond and represent the interests of the Commonwealth by filing a
response within 30 days after the mailing or delivery of a copy of the
application. The attorney for the Commonwealth shall make a reasonable effort to
provide notice to the victim of the offense for which such person was required
to register with the Sex Offender and Crimes Against Minors Registry or such
victim&#8217;s immediate family member if the victim has died. Such victim or
immediate family member may appear personally or by counsel to address the court
or may provide a written statement regarding the reasons the court should deny
such application for a change of name. The court shall conduct a hearing on the
application and may order a change of name if, after receiving and considering
evidence concerning the circumstances regarding the requested change of name,
the court determines that the change of name (i) would not frustrate a
legitimate law-enforcement purpose, (ii) is not sought for a fraudulent purpose,
and (iii) would not otherwise infringe upon the rights of others. Such order
shall contain written findings stating the court&#8217;s basis for granting the
order.

E. The provisions of subsection D are jurisdictional and any order granting a
change of name pursuant to subsection D that fails to comply with any provision
of subsection D is void ab initio. The attorney for the Commonwealth for the
jurisdiction where such an application was filed has the authority to bring an
independent action at any time to have such order declared void. If the attorney
for the Commonwealth brings an independent action to have the order declared
void, notice of the action shall be served upon the person who was granted a
change of name who shall have 30 days after service to respond. If the person
whose name was changed files a response objecting to having the order declared
void, the court shall hold a hearing. If an order granting a change of name is
declared void pursuant to this subsection, or if a person is convicted of
perjury pursuant to &#xA7; 18.2-434 for unlawfully changing his name pursuant to
&#xA7; 18.2-504.1 based on conduct that violates this section, the clerk of the
court entering the order or the order of conviction shall transmit a certified
copy of the order to (i) the State Registrar of Vital Records, (ii) the
Department of Motor Vehicles, (iii) the State Board of Elections, (iv) the
Central Criminal Records Exchange, and (v) any agency or department of the
Commonwealth that has issued a license to the person where such license utilizes
the person&#8217;s changed name, if known to the court and identified in the
court order.

F. The order shall contain no identifying information other than the
applicant&#8217;s former name or names, new name, and current address. The clerk
of the court shall spread the order upon the current deed book in his office,
index it in both the old and new names, and transmit a certified copy of the
order and the application to the State Registrar of Vital Records and the
Central Criminal Records Exchange. Transmittal of a copy of the order and the
application to the State Registrar of Vital Records and the Central Criminal
Records Exchange shall not be required of a person who changed his former name
by reason of marriage and who makes application to resume a former name pursuant
to &#xA7; 20-121.4.

G. If the applicant shall show cause to believe that in the event his change of
name should become a public record, a serious threat to the health or safety of
the applicant or his immediate family would exist, the chief judge of the
circuit court may waive the requirement that the application be under oath or
the court may order the record sealed and direct the clerk not to spread and
index any orders entered in the cause, and a certified copy shall not be
transmitted to the State Registrar of Vital Records or the Central Criminal
Records Exchange. At such time as a name change order is received by the State
Registrar of Vital Records, for a person born in the Commonwealth, together with
a proper request and payment of required fees, the Registrar shall issue
certifications of the amended birth record which do not reveal the former name
or names of the applicant unless so ordered by a court of competent
jurisdiction. Such certifications shall not be marked &#8220;amended&#8221; and
show the effective date as provided in &#xA7; 32.1-272. Such order shall set
forth the date and place of birth of the person whose name is changed, the full
names of his parents, including the maiden name of the mother and, if such
person has previously changed his name, his former name or names.

HISTORY: Code 1950, § 8-577.1; 1956, c. 402; 1973, c. 401; 1976, c. 115; 1977,
cc. 457, 617; 1979, cc. 599, 603, 612; 1980, cc. 448, 455; 1981, c. 297; 1983,
c. 335; 1985, c. 483; 1991, c. 144; 2003, c. 258; 2005, c. 579; 2014, c. 232;
2015, c. 631; 2025, cc. 206, 220.