Public Act 094-0944
 		





HB4179 Enrolled
LRB094 15041 LCT 50171 b






    AN ACT concerning name changes.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 21-101 as follows:
 



    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)



    Sec. 21-101. Proceedings; parties. If any person who is a 
resident of
this State and has resided in this State for 6 
months desires to change his
or her name and to assume another 
name by which to be afterwards called and
known, the person may 
file a petition in the circuit court of the county
wherein he 
or she resides praying for that relief.  If it appears to the

court that the conditions hereinafter mentioned have been 
complied with and
that there is no reason why the prayer should 
not be granted, the court, by
an order to be entered of record, 
may direct and provide that the name of
that person be changed 
in accordance with the prayer in the petition.  The
filing of a 
petition in accordance with this Section shall be the sole and

exclusive means by which any person committed under the laws of 
this State
to a penal institution may change his or her name 
and assume another
name.  However, any person convicted of a 
felony, misdemeanor criminal
sexual abuse when the victim of 
the offense at the time of its commission is
under 18 years of 
age, misdemeanor sexual exploitation of a child, misdemeanor

indecent solicitation of a child, or misdemeanor indecent 
solicitation of an
adult in this State or any other
state
who 
has not been pardoned may not file a
petition for a name change 
until 10 years have passed since completion and
discharge from 
his or her sentence.  A person who has been convicted of 
identity theft, aggravated identity theft, felony or 
misdemeanor criminal
sexual abuse when the victim of the 
offense at the time of its commission is
under 18 years of age, 
felony or misdemeanor sexual exploitation of a child, felony or 
misdemeanor
indecent solicitation of a child, or felony or 
misdemeanor indecent solicitation of an
adult, or any other 
offense for which a person is required to register under the 
Sex Offender Registration Act in this State or any other state 
who has not been pardoned shall not be permitted to file a 
petition for a name change in the courts of Illinois.
A person 
who is required to register as a sex offender under the Sex

Offender Registration Act may not file a petition for a name 
change until the
person is no longer under a duty to register 
under that Act. A petitioner may include his or her
spouse
and 
adult unmarried children,
with their consent, and his or her 
minor children where it appears to the
court that it is for 
their best interest, in the petition and prayer, and
the 
court's order shall then include the spouse and children. 
Whenever any
minor has resided in the family of any person for 
the space of 3 years
and has been recognized and known as an 
adopted child in the family of
that person, the application 
herein provided for may be made by the person
having that minor 
in his or her family.

    An order shall be entered as to a minor only if the court 
finds by
clear and convincing evidence that the change is 
necessary to serve the
best interest of the child.  In 
determining the best interest of a minor
child under this 
Section, the court shall consider all relevant factors,

including:


        (1) The wishes of the child's parents and any person 
    acting as a parent
who has physical custody of the child.


        (2) The wishes of the child and the reasons for those 
    wishes.  The
court may interview the child in chambers to 
    ascertain the child's wishes
with respect to the change of 
    name.  Counsel shall be present at the
interview unless 
    otherwise agreed upon by the parties.  The court shall
cause 
    a court reporter to be present who shall make a complete 
    record of
the interview instantaneously to be part of the 
    record in the case.


        (3) The interaction and interrelationship of the child 
    with his or her
parents or persons acting as parents who 
    have physical custody of the
child, step-parents, 
    siblings, step-siblings, or any other person who may

    significantly affect the child's best interest.


        (4) The child's adjustment to his or her home, school, 
    and community.

(Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff. 
5-29-96.)