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60-1402. Change of name of person; notice; order. (a) Petition. A petition may be filed in the county in which the petitioner resides stating: (1) That the petitioner has been a resident of the state for at least 60 days, (2) the reason for the change of name, and (3) the name desired.

(b) Notice. Service of notice of the hearing may be made either by mail or by publication, in the discretion of the court. If notice is directed by publication, such notice shall be published as provided in subsection (d) of K.S.A. 60-307, and amendments thereto; and if notice of hearing is directed to be given by mail, service of notice may be made by registered or certified mail to parties of interest, as prescribed by the court.

(c) Order. If upon hearing the judge is satisfied as to the truth of the allegations of the petition, and that there is reasonable cause for changing the name of the petitioner the judge shall so order.

History: L. 1963, ch. 303, 60-1402; L. 1974, ch. 240, § 1; L. 1979, ch. 184, § 1; L. 1990, ch. 202, § 12; January 1, 1991.

Source or prior law:

L. 1863, ch. 41, § 2; G.S. 1868, ch. 69, § 2; R.S. 1923, 60-2302; L. 1943, ch. 215, § 1.

Law Review and Bar Journal References:

"Is He or Isn't She? Transsexualism: Legal Impediments to Integrate a Product of Medical Definition and Technology," Jeannine S. Haag and Tami L. Sullinger, 21 W.L.J. 342, 343, 347 (1982).

Attorney General's Opinions:

Changes in minor's birth certificate; parental consent. 88-102.

CASE ANNOTATIONS

1. Court considering proposed name change should also consider interests of parents and best interests of child. In re Application to Change Name, 10 K.A.2d 625, 629, 706 P.2d 480 (1985).

2. Noted in holding Kansas residency not required for unemancipated pregnant minor to seek waiver of parental notification. In re Doe, 17 K.A.2d 567, 568, 843 P.2d 735 (1992).

3. Trial court lacks jurisdiction or statutory authority to change last name of child of the marriage in divorce action. In re Marriage of Killman, 264 K. 33, 39, 955 P.2d 1228 (1998).

4. Incarceration does not preclude an inmate from having a reasonable cause for petitioning for a name change. In re Clark, 57 K.A.2d 220, 225, 450 P.3d 830 (2019).


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