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| Public Act 094-0944 |
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AN ACT concerning name changes.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 21-101 as follows:
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(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
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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
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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
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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
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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
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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.
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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,
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including:
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(1) The wishes of the child's parents and any person | ||
acting as a parent
who has physical custody of the child.
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(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.
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(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
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significantly affect the child's best interest.
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(4) The child's adjustment to his or her home, school, | ||
and community.
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(Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff. | ||
5-29-96.)
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