Wisconsin Statutes
Wis. Stat. § 786.36 (2026)
Changing names, court procedure
✓ current as of July 2026
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786.36(1)(1) Except as provided in sub. (3) or s. 301.47, any resident of this state, whether a minor or adult, upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice required under s. 786.37 (1), with proof of publication, may, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. Subject to sub. (1m), if the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by whichever of the following is applicable:
786.36(1)(b)(b) The guardian or person having legal custody of the minor, if both parents are dead or if the parental rights of both parents have been terminated by judicial proceedings.
786.36(1)(c)(c) The minor’s mother, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and if paternity of the minor has not been established.
786.36(1m)(a)1.1. Subject to subd. 2., the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent if, in addition to filing a copy of the notice required under s. 786.37 (1), with proof of publication, the petitioning parent files proof of service as required under s. 786.37 (2) and the nonpetitioning parent does not appear at the hearing on the petition or otherwise answer the petition.
786.36(1m)(a)2.2. If the nonpetitioning parent cannot be found or provided with notice, the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent if, in addition to meeting the filing requirements under subd. 1., the petitioning parent has made a reasonable attempt to find and provide notice to the nonpetitioning parent, but with reasonable diligence the nonpetitioning parent cannot be found or provided with notice, and the nonpetitioning parent does not appear at the hearing or otherwise answer the petition.
786.36(1m)(b)(b) If the nonpetitioning parent appears at the hearing on the petition or otherwise answers the petition and shows that he or she has not abandoned the minor, as described in s. 48.415 (1) (a) 3., (b), and (c), or failed to assume parental responsibility for the minor, as described in s. 48.415 (6), the court shall require the consent of the nonpetitioning parent before changing the name of the minor.
786.36(1m)(c)(c) Notwithstanding pars. (a) and (b), the name of a minor under 14 years of age who has 2 living parents may be changed on the petition of one parent without notice to the nonpetitioning parent and regardless of whether the nonpetitioning parent appears at the hearing on the petition if the nonpetitioning parent has been convicted of a violation of any of the following state laws or the law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
786.36(1m)(c)21.21. Sexual assault of a child by a school staff person or a person who works or volunteers with children under s. 948.095.
786.36(1m)(c)22.22. Felony exposing genitals, pubic area, or intimate parts under s. 948.10 (1) (a).
786.36(1m)(c)23.23. Felony exposing a child to harmful material or harmful descriptions or narrations under s. 948.11 (2) (a) or (am).
786.36(2)(2) Except as provided in sub. (2m), the order shall be entered at length upon the records of the court and a certified copy of the record shall be recorded in the office of the register of deeds of the county. The fee for recording a certified copy is the fee specified under s. 59.43 (2) (ag). If the person whose name is changed or established was born or married in this state, the clerk of the court shall send to the state registrar of vital records, on a form designed by the state registrar of vital records, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital records shall then correct the birth record, marriage record or both.
786.36(2m)(a)(a) Except as provided in par. (b), if the court determines that, pursuant to s. 786.37 (4), publication of the petition is not required, all records related to the petitioner’s name change shall be confidential and are exempt from disclosure under s. 19.35 (1). The court shall transmit to the register of deeds a form that states the petitioner’s former name and states that the new name is confidential and may not be disclosed except pursuant to par. (b). The fee for recording a certified copy is the fee specified under s. 59.43 (2) (ag). If the person whose name is changed or established was born in this state, the clerk of the court shall send to the state registrar of vital statistics, on a form designed by the state registrar of vital records, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital records shall then correct the birth record and, upon request by the petitioner and payment by the petitioner of the fees required under s. 69.22, issue to the petitioner the number of certified copies of the corrected birth record requested by the petitioner.
786.36(2m)(b)(b) Notwithstanding ss. 69.20 and 69.21, information that is confidential under this subsection may not be disclosed by the state registrar of vital records, the register of deeds, or a local registrar except pursuant to a court order. A court may order disclosure of confidential information upon good cause shown and upon determining that the safety of the petitioner is not jeopardized by disclosure.
786.36(3)(3) No person engaged in the practice of any profession for which a license is required by the state may change his or her given name or his or her surname to any other given name or any other surname than that under which the person was originally licensed in the profession in this or any other state, in any instance in which the state board or commission for the particular profession, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or misleads the public as to identity or otherwise results in detriment to the profession or the public. This prohibition against a change of name by a person engaged in the practice of any profession does not apply to any person legally qualified to teach in the public schools in this state, nor to a change of name resulting from marriage or divorce, nor to members of any profession for which there exists no state board or commission authorized to issue licenses or pass upon the qualifications of applicants or hear complaints respecting conduct of members of the profession.
786.36 HistoryHistory: 1973 c. 263; 1977 c. 449; 1979 c. 32 ss. 63, 92 (14); 1979 c. 221; Stats. 1979 s. 786.36; 1981 c. 245; 1983 a. 447; 1985 a. 315 s. 22; 1993 a. 301; 1995 a. 201; 1999 a. 83; 2003 a. 52, 65, 326; 2005 a. 443 s. 265; 2011 a. 274; 2017 a. 334; 2021 a. 182; 2023 a. 224; 2025 a. 88, 234.
786.36 AnnotationAlthough a woman may adopt the surname of her husband subsequent to marriage by customarily using that name, there is no common law, case law, or statutory requirement in Wisconsin that she do so. If the woman continues to use her antenuptial surname, her name is unchanged by the fact that marriage has occurred. Kruzel v. Podell, 67 Wis. 2d 138, 226 N.W.2d 458 (1975).
786.36 AnnotationThe state’s interest in identifying a convicted felon by the felon’s current name during incarceration and while on parole was sufficient cause to deny a name change petition. Williams v. Racine County Circuit Court, 197 Wis. 2d 841, 541 N.W.2d 514 (Ct. App. 1995), 94-2930.
786.36 AnnotationWisconsin recognizes the common law right to change one’s name through consistent and continuous use as long as the change is not effected for a fraudulent purpose. State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998), 97-0885.
786.36 AnnotationAlthough s. 69.15 (1) (a) provides for changing a name according to an order in a paternity action, it does not provide authority to order a name change in a paternity action without complying with the procedural requirements for a name change under this section. State v. Charles R.P., 223 Wis. 2d 768, 590 N.W.2d 21 (Ct. App. 1998), 97-2353.
786.36 AnnotationA legal name change gives a person a positive right to use that new name. That positive right may be relinquished by the person’s conduct in the carrying of the person’s name. If the person uses another name, others have the right to call the person by that other name and to create and file documents under that name. State v. Tiggs, 2002 WI App 181, 256 Wis. 2d 739, 649 N.W.2d 709, 01-2685.
786.36 AnnotationIn the Name of the Father: Wisconsin’s Antiquated Approach to Child Name Changes in Post-Divorce and Paternity Proceedings. Ritterbusch. 83 MLR 279 (1999).
786.36 AnnotationWomen’s Names in Wisconsin: In Re Petition of Kruzel. MacDougall. WBB Aug. 1975.
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 1995–2026 · leading case: State v. Hansford, 580 N.W.2d 171 (Wis. 1998).
State v. Hansford, 580 N.W.2d 171 (Wis. 1998). “Specifically, the circuit court stated that there are only two avenues by which an individual may change his or her name: (1) by marriage or divorce; or (2) by court order pursuant to Wis. Stat. § 786.36 which states in part: Any resident of this state, whether a minor or adult,…”
State v. C. G., 2022 WI 60 (Wis. 2022). “47 (2)(a), prohibits her from filing such a petition because she is a sex offender, although the State argues it does not prohibit her from using an alias provided she notifies the Department of Corrections (DOC) of her intent to do so in advance.”
Williams v. Racine Cnty. Circuit Court, 541 N.W.2d 514 (Wis. Ct. App. 1995). “" We conclude that the trial court properly exercised its discretion in determining that the State's legitimate need to identify Williams by his current name constituted sufficient cause under § 786.36, Stats., to deny Williams' petition.”
State v. Charles R.P., 590 N.W.2d 21 (Wis. Ct. App. 1998). “rests of the child based on the following factors: 1) the efforts that have been expended by the father in pursuing a name change; 2) an indication that the father is current in his support of the minor child; 3) the father has an interest in his child to the extent of wanting…”
In Re Marriage of Jocius v. Jocius, 580 N.W.2d 708 (Wis. Ct. App. 1998). “This section makes no mention of the children, and there is no other statute found in Chapter 767 authorizing name changes for children in divorcing families.”
State v. Jerrell C.J., 2004 WI App 9 (Wis. Ct. App. 2003). “§ 786.36; and girls under eighteen may not obtain an abortion without parental consent (unless certain exceptions apply), WIS.”
Norman Green, Jr. v. Peter Huibregtse, 735 F.3d 524 (7th Cir. 2013). “Prisoners may change their names only through an application to the judiciary under Wis. Stat. § 786.36 . Mutawakkil tells us that he is willing to use both names inside the prison, though he would prefer not to, but suffers injury when the state insists that others follow the…”
State v. C. G., 2022 WI 60 (Wis. 2022). “47 (2)(a), prohibits her from filing such a petition because she is a sex offender, although the State argues it does not prohibit her from using an alias provided she notifies the Department of Corrections (DOC) of her intent to do so in advance.”
State v. C. G., 2021 WI App 11 (Wis. Ct. App. 2021). “§ 786.36. Williams, 197 Wis. 2d at 846. On appeal, the prisoner argued that denying his requested name change violated his protected right to religious freedom and his First Amendment rights.”
R. I. B. v. Brown Cnty. Circuit Court (Wis. Ct. App. 2023). “We further conclude that the circuit court did not 1 This is an expedited appeal under WIS.”
State v. Tiggs, 2002 WI App 181 (Wis. Ct. App. 2002). “1995), a prisoner sought to change his legal name pursuant to Wis. Stat. § 786.36 (1993-1994), 1 the statute detailing the procedure for a Wisconsin resident to legally change his or her name.”
Scace v. Schulte (In re A.J.S.), 913 N.W.2d 189 (Wis. Ct. App. 2018). “§ 786.36, which required, among other things, that a petition to change a child's name be made by both parents, if living.”
— Wis. Stat. § 786.36(1) — 4 cases
State v. C. G., 2022 WI 60 (Wis. 2022). “47 (2)(a), prohibits her from filing such a petition because she is a sex offender, although the State argues it does not prohibit her from using an alias provided she notifies the Department of Corrections (DOC) of her intent to do so in advance.”
State v. C. G., 2022 WI 60 (Wis. 2022). “47 (2)(a), prohibits her from filing such a petition because she is a sex offender, although the State argues it does not prohibit her from using an alias provided she notifies the Department of Corrections (DOC) of her intent to do so in advance.”
Kristopher Paul Torgerson v. Circuit Court for Dodge Cnty. (Wis. Ct. App. 2026).
R. I. B. v. Brown Cnty. Circuit Court (Wis. Ct. App. 2023). “We further conclude that the circuit court did not 1 This is an expedited appeal under WIS.”
— Wis. Stat. § 786.36(1m)(c) — 1 case
R. I. B. v. Brown Cnty. Circuit Court (Wis. Ct. App. 2023). “We further conclude that the circuit court did not 1 This is an expedited appeal under WIS.”
— Wis. Stat. § 786.36(2m)(a) — 1 case
R. I. B. v. Brown Cnty. Circuit Court (Wis. Ct. App. 2023). “We further conclude that the circuit court did not 1 This is an expedited appeal under WIS.”
— Wis. Stat. § 786.36(2m)(b) — 1 case
R. I. B. v. Brown Cnty. Circuit Court (Wis. Ct. App. 2023). “We further conclude that the circuit court did not 1 This is an expedited appeal under WIS.”
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