The bill amends Section 33-22-28 of the General Laws in Chapter 33-22, which pertains to "Practice in Probate Courts," to establish new provisions for the process of legally changing one's name. The amendments include that a judge must grant or deny a name change petition without considering spousal consent and that the change must not be for fraudulent purposes. It allows individuals to petition for a name change in the probate court of their residence, provides for the waiver or reduction of court costs for indigent petitioners, and eliminates the requirement for public notice or publication before approving the name change. Additionally, the court may require a criminal history record check, must keep a record of the name change, and may seal the records of the proceedings if it finds that an open record could jeopardize the petitioner's safety, including considerations for transgender individuals or survivors of domestic violence.
The bill also amends Section 15-5-17 of the General Laws in Chapter 15-5, "Divorce and Separation," to make the statute regarding name changes gender-neutral. It allows any person, not just women, to change their name upon divorce, with the same rights and liabilities as if their name had not been changed. The bill specifies that these statutes are in addition to, and not in abrogation of, the common law. The act would take effect immediately upon passage, outlining the process for name changes and making the statutes gender-neutral.
Statutes affected: 8155 SUB A: 33-22-28, 15-5-17
8155: 33-22-28, 15-5-17