CIVIL PROCEDURE-NAME CHANGE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3814

Introduced 2/6/2026, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

735 ILCS 5/21-101

from Ch. 110, par. 21-101
735 ILCS 5/21-102

from Ch. 110, par. 21-102
735 ILCS 5/21-102.5

Amends the Name Change Article of the Code of Civil Procedure.
Provides that for a petition for name change by a person who is required to
register under the Sex Offender Registration Act, the Murderer and Violent
Offender Against Youth Registration Act, or the Arsonist Registry Act and
not yet pardoned, if the petition alleges that it is sought because of
marriage, religious beliefs, or status as a victim of trafficking or
gender-related identity, the court may grant or deny the petition after
making a determination based on certain factors. Provides that any denial
of a name change sought for one of those reasons must be in writing stating
the reasons for the denial. Provides that a person who has been convicted
as an adult of a felony offense and whose sentence has not been completed,
terminated, or discharged is not permitted to file a petition for a name
change unless pardoned for the offense. Provides that the State's Attorney
may file an objection to the petition within 30 days of being served if the
petitioner has been convicted of and not been pardoned or has a pending
case for any of these enumerated charges: identity theft, aggravated
identity theft, felony or misdemeanor criminal sexual abuse if 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. Provides the same opportunity to object
if the petitioner has any pending charge that would require compliance, if
convicted, with the Sex Offender Registration Act, the Murderer and
Violent Offender Against Youth Registration Act, or the Arsonist Registry
Act. Provides that those objections must be in writing, filed with the
circuit court clerk, served upon the petitioner, and state with
specificity the basis of the objection, including, but not limited to, any
evidence of specific intent for requesting the name change and any
specific and detailed facts demonstrating that any potential risk to
another individual or group would outweigh any potential harm or negative
impact to the individual making the request for the name change. Makes
other changes.
LRB104 18107 JRC 31546 b

A BILL FOR

SB3814
LRB104 18107 JRC 31546 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Civil Procedure is amended by
5
changing Sections 21-101, 21-102, and 21-102.5 as follows:

6

(735 ILCS 5/21-101)

(from Ch. 110, par. 21-101)
7

Sec. 21-101.
Proceedings; parties.
8

(a) If any person who is a resident of this State desires
9
to assume another name by which to be afterwards called and
10
known, the person may file a petition requesting that relief
11
in the circuit court of the county wherein
the petitioner

he or
12
she
resides. The petitioner shall have resided in this State
13
for 3 months at the time of the name change hearing or entry of
14
an order granting the name change.
15

(b) A person who has been convicted of any offense for
16
which a person is required to register under the Sex Offender
17
Registration Act, the Murderer and Violent Offender Against
18
Youth Registration Act, or the Arsonist Registry Act in this
19
State or any other state and who has not been pardoned is not
20
permitted to file a petition for a name change in the courts of
21
this State during the period that the person is required to
22
register, unless that person verifies under oath, as provided
23
under Section 1-109, that the petition for the name change is

SB3814
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LRB104 18107 JRC 31546 b
1
due to marriage, religious beliefs, status as a victim of
2
trafficking or gender-related identity as defined by the
3
Illinois Human Rights Act. A judge may grant or deny the
4
request for legal name change filed by such persons
upon
5
making a determination based on the following factors: the
6
health and safety of the individual making the request, the
7
potential harm to the individual making the request if the
8
name change is denied, and any specific and detailed facts
9
demonstrating that the risk to an individual or group would
10
outweigh the harm to the individual making the request for the
11
name change. Any denial of a name change to someone under this
12
subsection who is making the request based on marriage,
13
religious beliefs, or status as a victim of trafficking or
14
gender-related identity shall be in writing stating the
15
reasons for the denial
. Any such persons granted a legal name
16
change shall report the change to the law enforcement agency
17
having jurisdiction of their current registration pursuant to
18
the Duty to Report requirements specified in Section 20 of the
19
Murderer and Violent Offender Against Youth Registration Act
20
and Section 6 of the Sex Offender Registration Act. For the
21
purposes of this subsection, a person will not face a felony
22
charge if the person's request for legal name change is denied
23
without proof of perjury.
24

(b-1) A person who has been convicted
as an adult
of a
25
felony offense in this State or any other state and whose
26
sentence has not been completed, terminated, or discharged is

SB3814
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LRB104 18107 JRC 31546 b
1
not permitted to file a petition for a name change in the
2
courts of this State unless that person is pardoned for the
3
offense.
4

(c) A petitioner may include the petitioner's spouse and
5
adult unmarried children, with their consent, and the
6
petitioner's minor children where it appears to the court that
7
it is for their best interest, in the petition and relief
8
requested, and the court's order shall then include the spouse
9
and children. Whenever any minor has resided in the family of
10
any person for the space of 3 years and has been recognized and
11
known as an adopted child in the family of that person, the
12
application herein provided for may be made by the person
13
having that minor in that person's family.
14

An order shall be entered as to a minor only if the court
15
finds by clear and convincing evidence that the change is
16
necessary to serve the best interest of the child. In
17
determining the best interest of a minor child under this
18
Section, the court shall consider all relevant factors,
19
including:
20

(1) The wishes of the child's parents and any person
21

acting as a parent who has physical custody of the child.
22

(2) The wishes of the child and the reasons for those
23

wishes. The court may interview the child in chambers to
24

ascertain the child's wishes with respect to the change of
25

name. Counsel shall be present at the interview unless
26

otherwise agreed upon by the parties. The court shall

SB3814
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LRB104 18107 JRC 31546 b
1

cause a court reporter to be present who shall make a
2

complete record of the interview instantaneously to be
3

part of the record in the case.
4

(3) The interaction and interrelationship of the child
5

with the child's parents or persons acting as parents who
6

have physical custody of the child, step-parents,
7

siblings, step-siblings, or any other person who may
8

significantly affect the child's best interest.
9

(4) The child's adjustment to the child's home,
10

school, and community.
11

(d) If it appears to the court that the conditions and
12
requirements under this Article have been complied with and
13
that there is no reason why the relief requested should not be
14
granted, the court, by an order to be entered of record, may
15
direct and provide that the name of that person be changed in
16
accordance with the relief requested in the petition. If the
17
circuit court orders that a name change be granted to a person
18
who has been
adjudicated or
convicted of a felony or
19
misdemeanor offense under the laws of this State or any other
20
state for which
the conviction has not been pardoned,
21
expunged, or sealed,

a pardon has not been granted,
or has an
22
arrest for which a charge has not been filed or a pending
23
charge on a felony or misdemeanor offense, a copy of the order
,
24
including a copy of each applicable access and review
25
response,
shall be forwarded to the Illinois State Police. The
26
Illinois State Police shall update any
Illinois
criminal

SB3814
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LRB104 18107 JRC 31546 b
1
history transcript or
Illinois
offender registration of each
2
person 18 years of age or older in the order to include the
3
change of name as well as
the petitioner's

his or her
former
4
name.
5
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
6
103-605, eff. 7-1-24; 103-609, eff. 7-1-24; 103-1063, eff.
7
3-1-25.)

8

(735 ILCS 5/21-102)

(from Ch. 110, par. 21-102)
9

Sec. 21-102.
Petition;
order.

update criminal history
10
transcript.

11

(a) The petition shall be a statewide standardized form
12
approved by the Illinois Supreme Court and shall set forth the
13
name then held, the name sought to be assumed, the residence of
14
the petitioner, the length of time the petitioner has resided
15
in this State, and the state or country of the petitioner's
16
nativity or supposed nativity. The petition shall include a
17
statement, verified under oath as provided under Section 1-109
18
of this Code, whether or not the petitioner or any other person
19
18 years of age or older who will be subject to a change of
20
name under the petition if granted: (1) has been adjudicated
21
or convicted
as an adult
of a felony or misdemeanor offense
22
under the laws of this State or any other state for which
the
23
conviction has not been pardoned, expunged, or sealed

a pardon
24
has not been granted
; or (2) has an arrest
as an adult
for
25
which a charge has not been filed or a pending
adult
charge on

SB3814
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LRB104 18107 JRC 31546 b
1
a felony or misdemeanor offense. The petition shall be signed
2
by the person petitioning or, in case of minors, by the parent
3
or guardian having the legal custody of the minor.
4

(b)
The order for change of name shall recite the place and
5
date of birth of the petitioner. The place of birth shall
6
include the city, state, and country of birth.

If the
7
statement provided under subsection (a) of this Section
8
indicates the petitioner or any other person 18 years of age or
9
older who will be subject to a change of name under the
10
petition, if granted, has been adjudicated or convicted of a
11
felony or misdemeanor offense under the laws of this State or
12
any other state for which a pardon has not been granted, or has
13
an arrest for which a charge has not been filed or a pending
14
charge on a felony or misdemeanor offense, the State's
15
Attorney may request the court to or the court may on its own
16
motion, require the person, prior to a hearing on the
17
petition, to initiate an update of his or her criminal history
18
transcript with the Illinois State Police. The Illinois State
19
Police shall allow a person to use the Access and Review
20
process, established by rule in the Illinois State Police, for
21
this purpose. Upon completion of the update of the criminal
22
history transcript, the petitioner shall file confirmation of
23
each update with the court, which shall seal the records from
24
disclosure outside of court proceedings on the petition.

25

(c) Any petition filed under subsection (a) shall include
26
the following: "WARNING: If you are required to register under

SB3814
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LRB104 18107 JRC 31546 b
1
the Sex Offender Registration Act, the Murderer and Violent
2
Offender Against Youth Registration Act, or the Arsonist
3
Registry Act in this State or a similar law in any other state
4
and have not been pardoned, you will be committing a felony
5
under those respective Acts by seeking a change of name during
6
the registration period UNLESS your request for legal name
7
change is due to marriage, religious beliefs, status as a
8
victim of trafficking or gender related identity as defined by
9
the Illinois Human Rights Act.".
10
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
11
103-605, eff. 7-1-24; 103-609, eff. 7-1-24.)

12

(735 ILCS 5/21-102.5)
13

Sec. 21-102.5.
Notice; objection.
14

(a) The circuit court clerk shall promptly serve a copy of
15
the petition on the State's Attorney and the Illinois State
16
Police if the statement provided under subsection (a) of
17
Section 21-102 indicates that the petitioner, or any other
18
person 18 years of age or older who will be subject to a change
19
of name under the petition, has been
adjudicated or
convicted
20
as an adult
of a felony or misdemeanor offense under the laws
21
of this State or any other state for which
the conviction has
22
not been pardoned, expunged, or sealed

a pardon has not been
23
granted
, or has an arrest
as an adult
for which a charge has
24
not been filed or a pending
adult
charge on a felony or
25
misdemeanor offense.

SB3814
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LRB104 18107 JRC 31546 b
1

(b) The State's Attorney may file an objection to the
2
petition
within 30 days of the date of service of the petition
3
upon the State's Attorney if the petitioner has been convicted
4
of identity theft, aggravated identity theft, felony or
5
misdemeanor criminal sexual abuse if the victim of the offense
6
at the time of its commission is under 18 years of age, felony
7
or misdemeanor sexual exploitation of a child, felony or
8
misdemeanor indecent solicitation of a child, or felony or
9
misdemeanor indecent solicitation of an adult and has not been
10
pardoned for the conviction or has a pending case for any of
11
these enumerated charges or any pending charge that would
12
require compliance, if convicted, with the Sex Offender
13
Registration Act, the Murderer and Violent Offender Against
14
Youth Registration Act, or the Arsonist Registry Act
. All
15
objections shall be in writing, shall be filed with the
16
circuit court clerk, shall be served upon the petitioner, and
17
shall state with specificity the basis of the objection
,
18
including, but not limited to, any evidence of specific
19
nefarious intent for requesting the name change and any
20
specific and detailed facts demonstrating that any potential
21
risk to another individual or group would outweigh any
22
potential harm or negative impact to the individual making the
23
request for the name change
.
Objections to a petition must be
24
filed within 30 days of the date of service of the petition
25
upon the State's Attorney if the petitioner:
26

(1) is the defendant in a pending criminal offense

SB3814
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LRB104 18107 JRC 31546 b
1

charge; or
2

(2) has been convicted of identity theft, aggravated
3

identity theft, felony or misdemeanor criminal sexual
4

abuse when the victim of the offense at the time of its
5

commission is under 18 years of age, felony or misdemeanor
6

sexual exploitation of a child, felony or misdemeanor
7

indecent solicitation of a child, or felony or misdemeanor
8

indecent solicitation of an adult, and has not been
9

pardoned for the conviction.
10
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
11
103-605, eff. 7-1-24.)

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