§Subdivision 1.Procedure.
A person who shall have resided in this state for six months may apply to the district court in the county where the person resides to change the person's name, the names of minor children, if any, and the name of a spouse, if the spouse joins in the application, in the manner herein specified. The person shall state in the application the name and age of the spouse and each of the children, if any, and shall describe all lands in the state in or upon which the person, the children and the spouse if their names are also to be changed by the application, claim any interest or lien, and shall appear personally before the court and prove identity by at least two witnesses. If the person be a minor, the application shall be made by the person's guardian or next of kin. The court shall accept the certificate of dissolution prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the certificate and may not require the person to provide the court a copy of the judgment and decree of dissolution. Every person who, with intent to defraud, shall make a false statement in any such application shall be guilty of a misdemeanor provided, however, that no minor child's name may be changed without both parents having notice of the pending of the application for change of name, whenever practicable, as determined by the court.
§Subd. 2.Witness and victim protection name changes; private data.
If the court determines that the name change for an individual is made in connection with the individual's participation in a witness and victim protection program, the court shall order that the court records of the name change are not accessible to the public; except that they may be released, upon request, to a law enforcement agency, probation officer, or corrections agent conducting a lawful investigation. The existence of an application for a name change described in this subdivision may not be disclosed except to a law enforcement agency conducting a lawful investigation.
Notes of Decisions
Application of Dengler, 287 N.W.2d 637 (Minn. 1979).
· cites it 8× “The attorney general has intervened to support the constitutionality of Minn.Stat. §§ 259.10, .11 (1978) which appellant has challenged.”
Application of Saxton, 309 N.W.2d 298 (Minn. 1981).
· cites it 4× “11 (1980) provides in pertinent part: "Upon meeting the requirements of section 259.10, the court shall grant the application unless it finds that there is an intent to defraud or mislead or in the case of the change of a minor child's name, the court finds that such name change…”
Hodgson v. Minnesota, 497 U.S. 417 (1990).
· cites it 2× “5 (citing Minn. Stat. § 259.10 (1988)). These statutes provide testimony to the unreasonableness of the Minnesota two-parent notification requirement and to the ease with which the State can adopt less burdensome means to protect the minor's welfare.”
Foster v. Foster, 802 N.W.2d 755 (Minn. Ct. App. 2011).
· cites it 3× “The section also states “that no minor child’s name may be changed without both parents having notice of the pending of the application for change of name, whenever practicable, as determined by the court.”
Young v. Young, 356 N.W.2d 823 (Minn. Ct. App. 1984).
· cites it 2× “This is not a proceeding for a legal name change under Minn.Stat. §§ 259.”
Aitkin Cnty. Fam. Serv. Agency v. Girard, 390 N.W.2d 906 (Minn. Ct. App. 1986).
· cites it 2× “See Minn.Stat. § 259.10 (1984). The merit for a change of name may increase upon the marriage of the parties; however, until application is made and granted, their names will continue to be Hoglund.”
In re Name Change of SIMPKINS, 599 N.W.2d 170 (Minn. Ct. App. 1999).
· cites it 6× “” Minn.Stat. § 259.10, subd. 1 (1998). The statutory procedure is, therefore, inconsistent with rule 7.”
In Re Simpkins, 599 N.W.2d 170 (Minn. Ct. App. 1999).
· cites it 6× “" Minn.Stat. § 259.10, subd. 1 (1998). The statutory procedure is, therefore, inconsistent with rule 7.”
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