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.
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:
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, but may still apply to any district court in the state.
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.
PRO: It is really hard for transgender people to change their name without people easily finding out their former identity. Current law requires that people experience domestic violence before a person can request a sealed name change. Other states have removed requirements that a person must show harm before a name change file can be sealed. Many transgender and nonbinary people currently do not feel safe enacting a name change since the records are unsealed. Passing this bill will protect transgender people, people escaping violence, and juveniles under guardianship from others wishing to do them harm. This bill will also make the name change process more accessible. This bill is consistent with the Washington Constitution and the right to privacy.
OTHER: If a name change is filed in superior court, there is no reason to file a record with the county auditor. Recording with the county auditor would create a public record and defeat the purpose of sealing a name change. There is fear that this process could be abused or manipulated by somebody trying to escape accountability later on. This is not the intent of the bill and such instance would be rare, but this should not be allowed to inadvertently happen.