SENATE BILL REPORT
SB 5028
As of January 9, 2023
Title: An act relating to revising the process for individuals to request name changes.
Brief Description: Revising the process for individuals to request name changes.
Sponsors: Senators Pedersen and Wagoner.
Brief History:
Committee Activity: Law & Justice: 1/12/23.
Brief Summary of Bill
  • Allows any person to file a name change petition in any district court in the state.
  • Allows certain name change petitions to be filed in any superior court in the state.
  • Requires the superior court to seal a granted name change file upon request.
  • Allows qualified legal services providers to file fee waiver affidavits on behalf of persons seeking a name change.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Ryan Giannini (786-7285)
Background:

Name Change Process.  A person may apply for a name change to the district court in the jurisdiction where they reside.  The petition must state the reasons for the name change, and the court in its discretion may order the name change.  A copy of the name change order is sent to the county auditor for recording.

 
A person may apply for a name change to a superior court when the person or the person's child or ward is a victim of domestic violence, and the person seeks to have the name change file sealed due to a reasonable fear for the person's safety or that of the person's child or ward.  The superior court must seal the name change file if the court finds that safety concerns for the person for a whom a name change is sought warrants sealing the file.  

 

Name Change Fees.  The total cost of changing one's name varies by county and includes both court fees and the county auditor's fees. The auditor's fees include the fee for filing and recording name change orders, which is $5 for the first page and $1 for every subsequent page. There are also various statutory surcharges that the auditor is required to collect. 

 

Waiver of Court Fees.  Washington court rules provide a process for an indigent individual to apply to waive court fees and clerk's fees when the payment of fees is required for the individual to secure access to judicial relief.  A person seeking a waiver must submit a financial statement to the court.  If the motion is granted, the court waives the court fees and clerk fees.

Summary of Bill:

Any person desiring a change of the person's name or the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, may apply for a name change to any district court in the state.


 Name change petitions may be filed in any superior court in the state:

  • when a person for whom a name change is sought is subject to any juvenile court or public assistance proceedings and the superior court has exercised exclusive jurisdiction over the person;
  • when a person desiring a change of name is an emancipated minor or has received asylum, refugee, or special immigrant juvenile status; or
  • when the reason for the person's name change, or the name change of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, is related to gender expression or identity, or is due to an experience of or reasonable fear of domestic violence, stalking, unlawful harassment, or coercive control.

 
A superior court that grants a name change shall seal the name change file upon request.  Upon request, a sealed name change file shall be open to inspection by the person whose name was changed or by the person's guardian or representative.

 

Offenders under the jurisdiction of the Department of Corrections and sex offenders who are subject to registration requirements cannot petition a superior court for a name change.   

 

Any court to which an application for a name change is made shall collect county auditor fees and transmit both the fees and the name change order to the county auditor.  The court may collect a reasonable fee to cover the cost of transmitting the fees and order to the county auditor.  A person seeking a name change or a qualified legal service provider may petition the court to waive all fees for filing, transmitting, and recording a name change, unless the person has received victim compensation for name change fees.

Appropriation: None.
Fiscal Note: Requested on December, 29, 2022.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.