Name Change for a Minor in New York

The best-interest test

The petition must explain why the name change is wanted, so the judge can decide whether it is in the child's best interest. The court considers several facts, including what the child wants (keeping in mind the child's age and experience), what the change may do to the child's relationship with each parent, how long the child has used the name, any problems, embarrassment, or harassment the child may have from the present or new name, and the motives or interests of the parents. A petition that states only a preference, without addressing those facts, asks the judge to decide on an empty record. Read the Name Change Basics page first — the child-name-change section is written as a supplement to it, and the adult filing requirements (court papers, proof of birth, the $210 or $65 fee with waiver available, and the Request for Judicial Intervention in Supreme Court) apply alongside the child-specific papers.

Consent and notice

Either parent can start the case. If there is another living biological or adoptive parent or legal guardian, that person must agree in writing to ask the court to change the child's name — consent. If the other parent's parental rights have been terminated, no consent is needed, and proof of the termination is attached to the petition. If written consent cannot be obtained because the other parent's whereabouts are unknown, the petitioner must take steps to locate them, and the request must tell the judge why the other parent is not available and what was done to contact them. If consent cannot be obtained and the last address is known, the other parent must be notified with a Notice to Non-Petitioning Parent, giving them a chance to tell the court why they object. Service must be made by a person over 18 who is not a party to the action, at least eight days before the court date in person within New York State, at least 13 days by regular mail, at least nine days by overnight delivery, or at least 13 days by registered mail to the last known address if the other parent lives outside New York State. An Affidavit of Service, signed in front of a notary, is brought to the court date. If the other parent is under 18, permission in writing is needed from that parent's parent or guardian.

The child's consent, and the forms

Courts require a child 14 or older, but under 18, to give permission: the child signs the Minor Consent form in front of a Notary, and the form is given to the Clerk with the petition. The form set reflects the split: the individual minor petition is form UCS-NC2, distinct from the adult UCS-NC1, and family petitions use UCS-NC4 with a supplemental form UCS-NC5. Additional papers beyond the adult set may be needed depending on the situation, and the Basics page's privacy pointer applies where safety is a concern — the sealing procedure beyond that pointer was not opened for this guide and is not stated here.

Source

Child name-change rules, best-interest factors, consent and notice rules, and the 14-and-over consent requirement from the NY Courts More About Child Name Changes page, opened 2026-10-30. Service periods from the NY Courts Notice to Non-Petitioning Parent page, opened via search 2026-10-30. Form numbers from the NY Courts forms listing, opened via search 2026-10-30. Adult filing requirements from the NY Courts Name Change Basics page. This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.