Tex. Fam. Code § 45.001

TEXAS FAMILY CODE Chapter 45, Subchapter A — CHANGE OF NAME OF CHILD CHAPTER 45 • CHANGE OF NAME Subchapter A: CHANGE OF NAME OF CHILD FAMILY CODE > TITLE 2. CHILD IN RELATION TO THE FAMILY > SUBTITLE C. CHANGE OF NAME > CHAPTER 45. CHANGE OF NAME Sec. 45.001. WHO MAY FILE; VENUE. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.002. REQUIREMENTS OF PETITION. (a) A petition to change the name of a child must be verified and include: (1) the present name and place of residence of the child; (2) the reason a change of name is requested; (3) the full name requested for the child; (4) whether the child is subject to the continuing exclusive jurisdiction of a court under Chapter 155; and (5) whether the child is subject to the registration requirements of Chapter 62, Code of Criminal Procedure. (b) If the child is 10 years of age or older, the child's written consent to the change of name must be attached to the petition. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 1390, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1300, Sec. 5, eff. Sept. 1, 2003. Sec. 45.003. CITATION. (a) The following persons are entitled to citation in a suit under this subchapter: (1) a parent of the child whose parental rights have not been terminated; (2) any managing conservator of the child; and (3) any guardian of the child. (b) Citation must be issued and served in the same manner as under Chapter 102. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.0031. WAIVER OF CIT hild. (b) Citation must be issued and served in the same manner as under Chapter 102. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.0031. WAIVER OF CITATION. (a) A party to a suit under this subchapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition. (b) The party executing the waiver may not sign the waiver using a digitized signature. (c) The waiver must contain the mailing address of the party executing the waiver. (d) Notwithstanding Section 132.001, Civil Practice and Remedies Code, the waiver must be sworn before a notary public who is not an attorney in the suit. This subsection does not apply if the party executing the waiver is incarcerated. (e) The Texas Rules of Civil Procedure do not apply to a waiver executed under this section. (f) For purposes of this section, "digitized signature" has the meaning assigned by Section 101.0096. Added by Acts 2015, 84th Leg., R.S., Ch. 198 (S.B. 814), Sec. 3, eff. September 1, 2015. Sec. 45.004. ORDER. (a) The court may order the name of a child changed if: (1) the change is in the best interest of the child; and (2) for a child subject to the registration requirements of Chapter 62, Code of Criminal Procedure: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 45, Subchapter A — CHANGE OF NAME OF CHILD (A) the change is in the interest of the public; and (B) the person petitioning on behalf of the child provides the court with proof that the child has notified the appropriate local law enforcement authority of the proposed name change. (b) If the child is subject to the continuing jurisdiction of a court under Chapter 155, the court shall send a copy of the order to te local law enforcement authority of the proposed name change. (b) If the child is subject to the continuing jurisdiction of a court under Chapter 155, the court shall send a copy of the order to the central record file as provided in Chapter 108. (c) In this section, "local law enforcement authority" has the meaning assigned by Article 62.001, Code of Criminal Procedure. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1300, Sec. 6, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.05, eff. September 1, 2005. Sec. 45.005. LIABILITIES AND RIGHTS UNAFFECTED. A change of name does not: (1) release a child from any liability incurred in the child's previous name; or (2) defeat any right the child had in the child's previous name. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2