ILCS » Chapter 735 · Act 5

735 ILCS 5/21-101

Proceedings; parties

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(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
    (Text of Section from P.A. 103-605)
    Sec. 21-101. Proceedings; parties.
    (a) If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides.
    (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 35 of the Arsonist Registration Act, Section 20 of the Murderer and Violent Offender Against Youth Registration Act, and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury.
    (b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense.
    (c) A petitioner may include his or her spouse and adult unmarried children, with their consent, and his or her minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in his or her family.
    An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:
        (1) The wishes of the child's parents and any person
    
acting as a parent who has physical custody of the child.
        (2) The wishes of the child and the reasons for those
    
wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
        (3) The interaction and interrelationship of the
    
child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
        (4) The child's adjustment to his or her home,
    
school, and community.
    (d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24.)
 
    (Text of Section from P.A. 103-609)
    Sec. 21-101. Proceedings; parties.
    (a) If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides.
    (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 20 of the Murderer and Violent Offender Against Youth Registration Act and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury.
    (b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense.
    (c) A petitioner may include his or her spouse and adult unmarried children, with their consent, and his or her minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in his or her family.
    An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:
        (1) The wishes of the child's parents and any person
    
acting as a parent who has physical custody of the child.
        (2) The wishes of the child and the reasons for those
    
wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
        (3) The interaction and interrelationship of the
    
child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
        (4) The child's adjustment to his or her home,
    
school, and community.
    (d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-609, eff. 7-1-24.)
 
    (Text of Section from P.A. 103-1063)
    Sec. 21-101. Proceedings; parties.
    (a) If any person who is a resident of this State desires to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides. The petitioner shall have resided in this State for 3 months at the time of the name change hearing or entry of an order granting the name change.
    (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 35 of the Arsonist Registration Act, Section 20 of the Murderer and Violent Offender Against Youth Registration Act, and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury.
    (b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense.
    (c) A petitioner may include the petitioner's spouse and adult unmarried children, with their consent, and the petitioner's minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in that person's family.
    An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:
        (1) The wishes of the child's parents and any person
    
acting as a parent who has physical custody of the child.
        (2) The wishes of the child and the reasons for those
    
wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
        (3) The interaction and interrelationship of the
    
child with the child's parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
        (4) The child's adjustment to the child's home,
    
school, and community.
    (d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-1063, eff. 3-1-25.)

    
Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1999–2025 · leading case: People v. Pollard
Sort: Relevance Newest Treatment
People v. Pollard (2016) illappct · cites it 2× “735 ILCS 5/21-101 (West 2014). 9 ¶ 22 III.”
People v. Avila-Briones (2015) illappct “735 ILCS 5/21-101 (West 2012). ¶ 25 B. Standing ¶ 26 Before reaching the substance of defendant's constitutional arguments, we must first address the State's claim that defendant lacks standing to challenge some of the above-described statutes.”
In re Oliver B. (2016) illappct “- 11 - 2016 IL App (2d) 151136 ¶ 29 The other statute permitting a name change is section 21-101 of the Code of Civil Procedure (Code) (735 ILCS 5/21-101 (West 2014)). This is the statutory provision cited by Evan in his motion for a name change, and it is the provision…”
Stockton v. Oldenburg (1999) illappct “In making that determination, the trial court may consider, among other factors, (1) the wishes of the child's parents and custodian; (2) the child's wishes and the reasons therefor; (3) the child's interaction and interrelationship with the parents, custodian, other persons in…”
People v. Kochevar (2018) illappct · cites it 2× “3 (West 2016) ), section 5-5-3(o) of the Unified Code of Corrections ( 730 ILCS 5/5-5-3(o) (West 2016) ), and section 21-101 of the Code of Civil Procedure ( 735 ILCS 5/21-101 (West 2016) ). ¶ 40 Kochevar's as-applied challenge rests on two arguments: first, that, relying on…”
People v. Cetwinski (2018) illappct “The statutory scheme also includes the Sex Offender Community Notification Law (Notification Law) ( 730 ILCS 152/101 et seq. (West 2016) ), as well as dispersed statutory sections prohibiting sex offenders' presence in or around schools and parks ( 720 ILCS 5/11-9.”
People v. Kochevar (2020) illappct · cites it 2× “3 (West 2016)), section 5-5-3(o) of the Unified Code of Corrections (730 ILCS 5/5-5-3(o) (West 2016)), and section 21-101 of the Code of Civil Procedure (735 ILCS 5/21-101 (West 2016)). ¶ 51 Kochevar’s as-applied challenge rests on two arguments: first, that the restrictions…”
People v. Denis (2018) illappct “4-1), which prohibits child sex offenders and sexual predators from loitering on a public way, within 500 feet of a public park, and from being physically present in a public park; (3) section 5-5-3(o) of the Unified Code of Corrections ( 730 ILCS 5/5-5-3(o) West 2014) ), which…”
People v. Rodriguez (2019) illappct “4-1 (West 2014)), the requirement that a sex offender must renew his driver’s license yearly (730 ILCS 5/5-5-3(o) (West 2014)), and the prohibition on name changes for sex offenders (735 ILCS 5/21-101 (West 2014)). -2- ¶8 In Bingham, the defendant argued before the supreme court…”
People v. Denis (2019) illappct “ex offenders and sexual predators from loitering on a public way, within 500 feet of a public park, and from being physically present in a public park; (3) section 5-5-3(o) of the Unified Code of Corrections (730 ILCS 5/5-5-3(o) West 2014)), which requires sex offenders to renew…”
In re Marriage of Piegari (2016) illappct · cites it 2× “¶3 In June 2016, Karyn filed a petition seeking a court order to change the children’s surnames, pursuant to section 21-101 of the Code of Civil Procedure (Code) (735 ILCS 5/21-101 (West 2014)). In the petition, Karyn alleged, inter alia, that, after the dissolution of her…”
In re Marriage of Piegari (2017) illappct “See 735 ILCS 5/21-101 (West 2014). And, since Karyn presented no evidence or offers of proof to the trial court on that point, our review—under the highly deferential manifest-weight-of-the-evidence standard (In re Tate Oliver B.”
Show all 30 citing cases →
— 735 ILCS 5/21-101(a) — 1 case
Ortiz v. Foxx (2022) ilnd
— 735 ILCS 5/21-101(b) — 2 cases
People v. Cetwinski (2018) illappct “The statutory scheme also includes the Sex Offender Community Notification Law (Notification Law) ( 730 ILCS 152/101 et seq. (West 2016) ), as well as dispersed statutory sections prohibiting sex offenders' presence in or around schools and parks ( 720 ILCS 5/11-9.”
Ortiz v. Foxx (2022) ilnd
— 735 ILCS 5/21-101(d) — 1 case
Ortiz v. Foxx (2022) ilnd
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