Rev. June 2023
Text of Statute for Change of Name
§§40-8-1 and 40-8-3, NMSA 1978 as amended
§ 40–8–1. Change of name; petition and order.
A. Any resident of this state fourteen years of age or older may, upon petition to the district court
of the district in which the petitioner resides, if no sufficient cause is shown to the contrary, have
the petitioner’s name changed or established by order of the court. The legal parents or legal
guardians of any resident of this state under the age of fourteen years may, upon petition to the
district court of the district in which the petitioner resides, if no sufficient cause is shown to the
contrary, have the name of the petitioner’s child or ward changed or established by order of the
court. When residents under the age of fourteen years petition the district court for a name change,
notice shall be given to all legal parents or legal guardians. The order shall be entered at length
upon the record of the court, and a copy of the order, duly certified, shall be filed in the office of
the county clerk of the county in which the person resides. The county clerk shall record the same
in a record book to be kept by the county clerk for that purpose.
B. If the court finds that notice to one or more legal parents or legal guardians of a child who is
under fourteen years of age will jeopardize the child’s or the applicant’s personal safety, the court
shall not require notice. The court shall order all records regarding the petition to be sealed. The
records shall only be opened by court order based upon a showing of good cause or at the
applicant’s request.
Repealed: NM ST § 40–8–2
SECTION 2. REPEAL.—Section 40–8–2 NMSA 1978 (being Laws 1889, Chapter 3, Section 2,
as amended) is repealed. Approved March 24, 2023. Current through Chapters 3, 9, and 25 of the
2023 First Regular Session of the 56th Legislature (2023). The First Regular Session convened
January 12, 2023 and adjourned March 18, 2023. The General Effective date is June 16, 2023.
§ 40-8-3. Hearing at regular term in county of petitioner's residence
That the hearing and determination of all proceedings instituted under the provisions of this
chapter, and the final order of the court therein, shall be had and made at some regular term of
the district court sitting within and for the county wherein said petitioner resides.
Credits
L. 1889, Ch. 3, § 3.
Formerly C.L. 1897, § 2912; Code 1915, § 3809; C.S. 1929, § 92-103; 1941 Comp., § 25-503;
1953 Comp., § 22-5-3.
NMSA 1978, § 40-8-3, NM ST § 40-8-3
Current through Chapters 3, 9, and 25 of the 2023 First Regular Session of the 56th Legislature
(2023). The First Regular Session convened January 12, 2023 and adjourned March 18, 2023.
The General Effective date is June 16, 2023.