Ark. Code Ann. § 9-2-101 (2026)
Name change — Procedure
- Upon the application of any person within the jurisdiction of the court, the circuit court shall have power, upon good reasons shown, to alter or change the name of the person.
- When application is made to the court under this section, it shall be by petition in writing embodying the reasons for the application.
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- When allowed, the petition shall by order of the court be spread upon the record, together with the decree of the court.
- An appropriate order, as prescribed in this subsection, may be made by a circuit judge in vacation. This order shall have the same force and effect as if made at term time.
History. Acts 1851, §§ 1, 2, p. 72; C. & M. Dig., §§ 7756, 7757; Pope's Dig., §§ 10123, 10124; Acts 1943, No. 15, § 1; 1985, No. 542, § 1; A.S.A. 1947, §§ 34-801, 34-802; Acts 1989, No. 52, § 1.
Research References
U. Ark. Little Rock L. Rev.
Zakrzewski, Family Law — Petitions to Change a Minor's Surname: Arkansas Supreme Court Adopts “Clearly Erroneous” Standard of Review and Establishes Six-Factor Test (Huffman v. Fisher), 22 U. Ark. Little Rock L. Rev. 613.
Case Notes
In General.
This section is merely in affirmation and in aid of, and supplementary to, the common-law rule that one may ordinarily change his name at will, without any legal proceedings, merely by adopting another name, that the right is not limited by the ordinary rules of minority and that the section only affords another method of doing so. Carroll v. Johnson, 263 Ark. 280, 565 S.W.2d 10 (1978); Stamps v. Rawlins, 297 Ark. 370, 761 S.W.2d 933 (1988).
Contest.
Chancery court did not err in allowing mother to change names of children to name of second husband despite petition by first husband objecting to change. Clinton v. Morrow, 220 Ark. 377, 247 S.W.2d 1015 (1952).
A natural father has standing to challenge a proposed change of name of his minor child. Carroll v. Johnson, 263 Ark. 280, 565 S.W.2d 10 (1978).
Restraining order to prevent wife from changing child's name held warranted. Norton v. Norton, 268 Ark. 791, 595 S.W.2d 709 (Ct. App. 1980).
Because a child might encounter difficulties, harassment, or embarrassment from bearing the father's surname (since the father was incarcerated in relation to the mother's death), and because the father had not made any serious attempts at visiting the child, it was in the child's best interests to change the child's surname. Walker v. Burton, 2011 Ark. App. 439, 384 S.W.3d 605 (2011).
Notice.
Where a petition for the name change of minor children is made by one parent, notice must be given to the other parent, for to fail to do so is a violation of the due process clauses of both the state and federal constitutions. Carroll v. Johnson, 263 Ark. 280, 565 S.W.2d 10 (1978).