Indiana Code

Ind. Code § 34-28-2-1 (2026)

Petition to court

✓ current as of May 2026
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     Sec. 1. Except as provided in section 1.5 of this chapter, the circuit courts, superior courts, and probate courts in Indiana may change the names of natural persons on application by petition.

[Pre-1998 Recodification Citation: 34-4-6-1.]

As added by P.L.1-1998, SEC.24. Amended by P.L.18-1998, SEC.1; P.L.44-2017, SEC.4.

 

Notes of Decisions
Cited in 11 cases, 2001–2020 · leading case: Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005). · cites it 4× “And, as Horn notes, the legislature continued along this path in 1999 when it enacted the adult wrongful death statute, which defines an "adult person" as an unmarried individual who does not have dependents and who is not a child, as defined in Indiana Code Section 34-28-2-1.…”
Johnson v. Parkview Health Sys., Inc., 801 N.E.2d 1281 (Ind. Ct. App. 2004). · cites it 3× “She asserted that the cause of action was appropriately brought under the Child Wrongful Death Statute ("CWDS"), Ind.Code § 34-28-2-1 (Burns Code Ed. Repl.”
Leone v. Com'r, Bureau of Motor Vehs., 933 N.E.2d 1244 (Ind. 2010). · cites it 2× “2d at 859-60 ; see Ind.Code § 34-28-2-1 (2008). We therefore concluded that it was an abuse of discretion for the court to deny the woman's petition absent evidence of fraud.”
Ledbetter v. Hunter, 842 N.E.2d 810 (Ind. 2006). · cites it 2× “Ind. Code § 34-28-2-1 . "The responsibility to learn of a child's injuries and to recognize that they may have been caused by the tortious act of another must fall to parents and legal guardians.”
In Re the Change of Name of Fetkavich, 855 N.E.2d 751 (Ind. Ct. App. 2006). · cites it 2× “Indiana Code Section 34-28-2-1 provides that "the cireuit courts in Indiana may change the names of natural persons on application by petition.”
City of Terre Haute v. Simpson, 746 N.E.2d 359 (Ind. Ct. App. 2001). “Copm § 34-28-2-1(b)(1) (emphasis added). 1 It appears that Simpson and Sheila were married at the time of Lisa's death, but divorced on March 17, 1998, approximately 6 months later.”
Est. of Sears Ex Rel. Sears v. Griffin, 752 N.E.2d 210 (Ind. Ct. App. 2001). · cites it 2× “2001) and an action under the Child Wrongful Death Statute, Indiana Code section 34-28-2-1, 2 which provides in pertinent part: (a) As used in this section, "child" means an unmarried individual without dependents who is: (1) less than twenty (20) years of age; or (2) less than…”
McCabe v. Comm'r, Indiana Dep't of Ins. as Adm'r of the Indiana Patients Comp. Fund, 930 N.E.2d 1202 (Ind. Ct. App. 2010). “§ 34-28-2-1. In Miller v. City of Hammond, 691 N.”
In Re the Name Change of Jane Doe (Ind. Ct. App. 2020). · cites it 2× “5 of this chapter, the circuit courts, superior courts, and probate courts in Indiana may change the names of natural persons Court of Appeals of Indiana | Opinion 19A-MI-2166 | May 18, 2020 Page 10 of 16 on application by petition.”
Howard v. E & B Paving, Inc., 920 N.E.2d 693 (Ind. Ct. App. 2010). · cites it 2× “It is therefore ordered that final judgment is entered as to the status of Amber Howard as an adult and that Amber Howard was not a child at the time of her death within the meaning of Indiana Code § 34-28-2-1(a), thereby making this Order a final, appealable judgment concerning…”
In the Matter of the Paternity of C.B., A.B. v. R.B. (Ind. Ct. App. 2013). · cites it 2× “Ind. Code § 34-28-2-1 . Here, although Father claimed during the October 10th hearing that his petition to establish paternity included a request to change C.”
— Ind. Code § 34-28-2-1(a) — 1 case
Howard v. E & B Paving, Inc., 920 N.E.2d 693 (Ind. Ct. App. 2010). “It is therefore ordered that final judgment is entered as to the status of Amber Howard as an adult and that Amber Howard was not a child at the time of her death within the meaning of Indiana Code § 34-28-2-1(a), thereby making this Order a final, appealable judgment concerning…”
— Ind. Code § 34-28-2-1(b)(1) — 1 case
City of Terre Haute v. Simpson, 746 N.E.2d 359 (Ind. Ct. App. 2001). “Copm § 34-28-2-1(b)(1) (emphasis added). 1 It appears that Simpson and Sheila were married at the time of Lisa's death, but divorced on March 17, 1998, approximately 6 months later.”
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