SB 448 — An Act amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, in judicial change of name, further providing for court approval required for change of name and for change by order of court, providing for change by administrative application and further providing for effect on children.

PRINTER'S NO.   411

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 448
                                               Session of
                                                 2025

     INTRODUCED BY CAPPELLETTI, KEARNEY, MUTH, L. WILLIAMS, SAVAL,
        STREET, HAYWOOD AND KANE, MARCH 17, 2025

     REFERRED TO JUDICIARY, MARCH 17, 2025


                                    AN ACT
 1   Amending Title 54 (Names) of the Pennsylvania Consolidated
 2      Statutes, in judicial change of name, further providing for
 3      court approval required for change of name and for change by
 4      order of court, providing for change by administrative
 5      application and further providing for effect on children.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 701(a), (a.1) heading, (1) and (4)(ii)(B)
 9   and (b) of Title 54 of the Pennsylvania Consolidated Statutes
10   are amended and the section is amended by adding a subsection to
11   read:
12   § 701.   Court approval required for change of name.
13      (a)   General rule.--Except as set forth in subsection (b), it
14   shall be unlawful for any person to assume a name different from
15   the name by which such person is and has been known, unless such
16   change in name is made pursuant to proceedings in court in
17   accordance with subsection (a.1) or pursuant to the
18   administrative procedures provided in subsection (a.2).
19      (a.1)   [Procedure] Court petition procedure.--
 1        (1)   An individual [must] may file a petition in the
 2    court of common pleas of the county in which the individual
 3    resides. If a petitioner is married, the petitioner's spouse
 4    may join as a party petitioner, in which event, upon
 5    compliance with the provisions of this subsection, the spouse
 6    shall also be entitled to the benefits of this subsection.
 7        * * *
 8        (4)   At the hearing, the following apply:
 9              * * *
10              (ii)    The petitioner must present to the court all of
11        the following:
12                     * * *
13                     [(B)    An official search of the proper offices of
14              the county where petitioner resides and of any other
15              county where petitioner has resided within five years
16              prior to filing the petition showing that there are
17              no judgments, decrees of record or other similar
18              matters against the petitioner. This clause may be
19              satisfied by a certificate given by a corporation
20              authorized by law to make the search under this
21              clause.]
22        * * *
23    (a.2)   Administrative procedure.--
24        (1)   Except as provided in paragraph (2), an individual
25    may apply for a change of name by filing an application with
26    the Department of Health. The Department of Health shall
27    prescribe the application form and the manners in which the
28    form shall be filed, subject to the following:
29              (i)    An applicant may obtain and submit the
30        application for a change of name either electronically

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 1        through the Department of Health's publicly accessible
 2        Internet website or physically at any driver license and
 3        photo center location of the Department of Transportation
 4        of the Commonwealth, in addition to any other Department
 5        of Health location accessible to the public where the
 6        Department of Health makes available the application
 7        form.
 8              (ii)    If an individual submits an application at a
 9        driver license or photo center location of the Department
10        of Transportation, the Department of Transportation shall
11        promptly transmit the application to the Department of
12        Health in a secure manner to be determined by the
13        Department of Health, in consultation with the Department
14        of Transportation.
15              (iii)    The Department of Health shall distribute the
16        application form to the Department of Transportation.
17              (iv)    The Department of Health shall make the
18        following available on its publicly accessible Internet
19        website:
20                     (A)   the electronic application for a change of
21              name;
22                     (B)   the list of Department of Health locations
23              at which an individual may obtain and submit an
24              application; and
25                     (C)   a notice that the application may be
26              submitted at any Department of Transportation driver
27              license or photo center location.
28        (2)   Notwithstanding paragraph (1), an individual seeking
29    a change of name shall do so by filing a petition with the
30    court of common pleas pursuant to the procedure under

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 1    subsection (a.1) if any of the following circumstances apply:
 2              (i)    The application is for a change of name of a
 3        minor and the minor's parent, legal guardian or legal
 4        representative does not provide consent for the
 5        applicant's change of name. The application for a change
 6        of name of a minor may proceed under this subsection if
 7        the applicant can demonstrate to the satisfaction of the
 8        Department of Health at the conference scheduled under
 9        paragraph (4)(i) that:
10                     (A)   the applicant provided notice to the
11              nonapplying parent as required under paragraph (4)
12              (iii) and made a reasonable attempt to obtain written
13              and notarized consent from the nonapplying parent;
14              and
15                     (B)   there is no objection from the nonapplying
16              parent.
17              (ii)    The applicant is unable to obtain and present
18        the required documentation for purposes of applying for a
19        change of name, including documentation required by the
20        Department of Health, as prescribed by rule or
21        regulation, to permit the Department of Health to confirm
22        the identity of the applicant and identify the correct
23        record of live birth to be amended.
24        (3)   The application must specify all of the following:
25              (i)    The intention to change the applicant's name.
26              (ii)    The reason for the change of name.
27              (iii)    The current residence of the applicant.
28              (iv)    Any residence of the applicant for the five
29        years prior to the date of the application.
30        (4)   Upon filing of the application, the Department of

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 1    Health shall do all of the following:
 2              (i)    Set a date for a conference on the application,
 3        which shall be held not less than one month nor more than
 4        three months after the application is filed.
 5              (ii)    Seal the file. There shall be no public access
 6        to an application for a change of name or record related
 7        thereto, except that the file may be opened at the
 8        request of the applicant. Applications and records
 9        related thereto shall not be subject to access under the
10        act of February 14, 2008 (P.L.6, No.3), known as the
11        Right-to-Know Law.
12              (iii)    Direct that notice be given of the filing of
13        the application, by certified mail, return receipt
14        requested, to any nonapplying parent of a minor whose
15        name may be affected by the proceedings, and notice shall
16        include the date of the scheduled conference under
17        subparagraph (i) and that the nonapplying parent may
18        appear to object to the application at said conference.
19        (5)   At the conference, the following apply:
20              (i)    An individual having lawful objection to the
21        change of name may be heard.
22              (ii)    The applicant must present to the Department of
23        Health all of the following:
24                     (A)   Proof of service of the notice under
25              paragraph (4)(iii).
26                     (B)   Any other documentation required by the
27              Department of Health by rule or regulation to permit
28              the Department of Health to confirm the identity of
29              the applicant and identify the correct record of live
30              birth to be amended.

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 1            (6)   The Department of Health may change the name as
 2      applied if the Department of Health is satisfied after the
 3      hearing that there is no lawful objection to the granting of
 4      the application.
 5            (7)   Any person aggrieved by the Department of Health's
 6      determination under this subsection may appeal to the
 7      Commonwealth Court in accordance with 2 Pa.C.S. (relating to
 8      administrative law and procedure).
 9            (8)   Nothing under this subsection, including electing to
10      file an application for a change of name, shall preclude an
11      individual from the alternative option of filing a petition
12      for a change of name in a court of common pleas pursuant to
13      the procedures under subsection (a.1).
14            (9)   The following words and phrases when used in this
15      subsection shall have the meanings given to them in this
16      paragraph unless the context clearly indicates otherwise:
17            "Minor."   An individual who is under 18 years of age and
18      not emancipated.
19      (b)   Informal change of name.--Notwithstanding subsection
20   (a), a person may adopt and use any name if the name is used
21   consistently, nonfraudulently and exclusively. The adoption of
22   the name shall not, however, be in contravention of the
23   prohibitions contained in section 702(c) (relating to change by
24   order of court) or 702.1(c) (relating to change by
25   administrative application).
26      Section 2.    Section 702(c) of Title 54 is amended to read:
27   § 702.   Change by order of court.
28      * * *
29      (c)   Convicted felons.--
30            (1)   The court may order a change of name for a person

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 1    convicted of a felony[, subject to provisions of paragraph
 2    (2),] if:
 3               (i)    [at least two calendar years have elapsed from
 4        the date of completion of a person's sentence and] that
 5        person has completed the person's sentence and is not
 6        subject to the probation or parole jurisdiction of any
 7        court, county probation agency or the Pennsylvania Board
 8        of Probation and Parole; or
 9               (ii)   the person has been pardoned.
10        [(2)     The court may not order a change of name for a
11    person convicted of murder, voluntary manslaughter, rape,
12    involuntary deviate sexual intercourse, statutory sexual
13    assault, sexual assault, aggravated indecent assault, robbery
14    as defined in 18 Pa.C.S. § 3701(a)(1)(i) (relating to
15    robbery), aggravated assault as defined in 18 Pa.C.S. §
16    2702(a)(1) or (2) (relating to aggravated assault), arson as
17    defined in 18 Pa.C.S. § 3301(a) (relating to arson and
18    related offenses), kidnapping or robbery of a motor vehicle
19    or criminal attempt, criminal conspiracy or criminal
20    solicitation to commit any of the offenses listed above or an
21    equivalent crime under the laws of this Commonwealth in
22    effect at the time of the commission of that offense or an
23    equivalent crime in another jurisdiction.]
24        (3)     The court shall notify the Office of Attorney
25    General, the Pennsylvania State Police and the office of the
26    district attorney of the county in which the person resides
27    when a change of name for a person convicted of a felony has
28    been ordered. The Pennsylvania State Police, upon receipt of
29    this notice, shall include the change of name information in
30    the central repository as provided for in 18 Pa.C.S. Ch. 91.

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 1      Section 3.        Title 54 is amended by adding a section to read:
 2   § 702.1.    Change by administrative application.
 3      (a)     Authorization.--The Department of Health may change the
 4   name of an individual filing an application under section
 5   701(a.2) (relating to court approval required for change of
 6   name).
 7      (b)     Procedure.--Prior to the approval of a change of name,
 8   all of the following shall apply:
 9            (1)   The Department of Health must forward to the
10      Pennsylvania State Police a duplicate copy of the application
11      for a change of name and a set of the applicant's
12      fingerprints. The applicant is responsible for costs under
13      this paragraph.
14            (2)   The Pennsylvania State Police shall use the
15      fingerprints to determine if the applicant is subject to 18
16      Pa.C.S. Ch. 91 (relating to criminal history record
17      information).
18            (3)   The Pennsylvania State Police shall:
19                  (i)    if the applicant is subject to 18 Pa.C.S. Ch.
20            91, note the change of name on the applicant's criminal
21            history record information; or
22                  (ii)    if the applicant is not subject to 18 Pa.C.S.
23            Ch. 91, destroy the fingerprints.
24            (4)   Within 60 days of receipt of the material under
25      paragraph (1), the Pennsylvania State Police shall certify to
26      the Department of Health what action has been taken under
27      paragraph (3).
28            (5)   The procedure in this subsection shall not apply to
29      proceedings involving:
30                  (i)    An election to resume a prior surname pursuant

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 1            to section 704 (relating to divorcing and divorced person
 2            may resume prior name).
 3                  (ii)    A change of name involving minor children in
 4            adoption proceedings.
 5                  (iii)    A change of name involving a minor child whose
 6            name is being changed under section 703 (relating to
 7            effect on children) or because of the change of name of
 8            the child's parent.
 9      (c)   Convicted felons.--
10            (1)   The Department of Health may order a change of name
11      for an applicant convicted of a felony if:
12                  (i)    the individual has completed the individual's
13            sentence and is not subject to the probation or parole
14            jurisdiction of any court, county probation agency or the
15            Pennsylvania Board of Probation and Parole; or
16                  (ii)    the individual has been pardoned.
17            (2)   The Department of Health shall notify the Office of
18      Attorney General, the Pennsylvania State Police and the
19      office of the district attorney of the county in which the
20      applicant resides when a change of name for an individual
21      convicted of a felony has been ordered. The Pennsylvania
22      State Police, upon receipt of this notice, shall include the
23      change of name information in the central repository as
24      provided for in 18 Pa.C.S. Ch. 91.
25      (d)   Rules and regulations.--The Department of Health may
26   prescribe any rules and regulations necessary to implement the
27   provisions of this section and section 701(a.1).
28      (e)   Definition.--As used in this section, the term "minor"
29   means an individual who is under 18 years of age and not
30   emancipated.

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 1      Section 4.   Section 703(b) of Title 54 is amended to read:
 2   § 703.   Effect on children.
 3      * * *
 4      (b)   Further change on attaining majority.--Any minor child
 5   whose surname has been changed pursuant to subsection (a) upon
 6   attaining majority shall also be entitled to the benefits of
 7   [section 702 (relating to change by order of court).] sections
 8   702 (relating to change by order of court) and 702.1 (relating
 9   to change by administrative application).
10      Section 5.   This act shall take effect in 60 days.




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