Ind. Code » Title 34
Indiana Code

Ind. Code § 34-28-2-3 (2025)

Notice of petition

✓ 2025 Indiana Code: the 2026 session is not included
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     Sec. 3. (a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows:

(1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court.

(2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county.

(3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard as indicated in the notice.

     (b) In the case of a petition described in section 2(b) of this chapter, the notice required by this section must include the following:

(1) The name of the petitioner.

(2) The name of the minor child whose name is to be changed.

(3) The new name desired.

(4) The name of the court in which the action is pending.

(5) The date on which the petition was filed.

(6) A statement that any person has the right to appear at the hearing and to file objections.

     (c) Except as provided in section 1.5 of this chapter, in the case of a person who has had a felony conviction within ten (10) years before filing a petition for a change of name, at least thirty (30) days before the hearing the petitioner must give notice of the filing of the petition to:

(1) the sheriff of the county in which the petitioner resides;

(2) the prosecuting attorney of the county in which the petitioner resides; and

(3) the Indiana central repository for criminal history information.

     (d) The notice given to the Indiana central repository for criminal history information under subsection (c) must include the petitioner's full current name, requested name change, date of birth, address, physical description, and a full set of classifiable fingerprints.

     (e) The Indiana central repository for criminal history information shall forward a copy of any criminal records of the petitioner to the court for the court's information.

     (f) A copy of the court decree granting or denying such a petition shall be sent to the Indiana state police.

     (g) A person who violates subsection (c) commits a Class A misdemeanor.

[Pre-1998 Recodification Citation: 34-4-6-3.]

As added by P.L.1-1998, SEC.24. Amended by P.L.18-1998, SEC.3; P.L.1-1999, SEC.72; P.L.61-2010, SEC.3.

 

Notes of Decisions
Cited in 4 cases, 2006–2017 · leading case: In re the Name Change of A.L. & In re the Name Change of L.S., 81 N.E.3d 283 (Ind. Ct. App. 2017).
Sort: Relevance Newest Treatment
In re the Name Change of A.L. & In re the Name Change of L.S., 81 N.E.3d 283 (Ind. Ct. App. 2017). · cites it 4× “Ind. Code § 34-28-2-3 (a). Except for Administrative Rule 9, to which we turn next, there is no exception to this general' publication requirement.”
In Re the Change of Name of Fetkavich, 855 N.E.2d 751 (Ind. Ct. App. 2006). · cites it 4× “Ind.Code § 34-28-2-3(a) through -(c). The published notice shall, in part, provide that "any person has the right to appear at the hearing [on the name change petition] and to file objections.”
Worley v. Waddell, 819 F. Supp. 2d 826 (S.D. Ind. 2011). · cites it 2× “Because he has been convicted of a felony in the past ten (10) years, Plaintiff is not entitled to an automatic change of name, and he is also required to give notice in three (3) weekly publications in a newspaper of general circulation in the county in which the name change…”
Re: the Name Change of Jane Doe, Mary Doe, a Minor, & Baby Doe, a Minor, 988 N.E.2d 1264 (Ind. Ct. App. 2013). · cites it 2× “Indiana Code section 34-28-2-3 requires that all petitions for a name change be published in a nearby newspaper, which Mother does not want so that she can maintain anonymity and safety.”
Ind. Code § 34-28-2-3(a): 1 case
In Re the Change of Name of Fetkavich, 855 N.E.2d 751 (Ind. Ct. App. 2006). “Ind.Code § 34-28-2-3(a) through -(c). The published notice shall, in part, provide that "any person has the right to appear at the hearing [on the name change petition] and to file objections.”
Ind. Code § 34-28-2-3(b): 2 cases
In re the Name Change of A.L. & In re the Name Change of L.S., 81 N.E.3d 283 (Ind. Ct. App. 2017). “Ind. Code § 34-28-2-3 (a). Except for Administrative Rule 9, to which we turn next, there is no exception to this general' publication requirement.”
In Re the Change of Name of Fetkavich, 855 N.E.2d 751 (Ind. Ct. App. 2006). “Ind.Code § 34-28-2-3(a) through -(c). The published notice shall, in part, provide that "any person has the right to appear at the hearing [on the name change petition] and to file objections.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.