21-37-5. Hearing and order changing name of person.

At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as required in § 21-37-4 and that the allegations of the petition are true, and that there exists proper and reasonable cause for changing the name of the petitioner, the court or judge shall make an order directing a change of the name of the petitioner and directing that such order be entered by the clerk.

Source: CCivP 1877, § 735; CL 1887, § 5557; RCCivP 1903, § 804; RC 1919, § 3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, § 37.1002 (3).

21-37-5.1. Exception to notice and open court hearing requirements for name change of minor.

The court may grant an order changing the name of a minor child without publication of notice or a hearing in open court if all of the following conditions are met:

(1)    It appears from the pleadings that the minor child has been a resident of the county in which the petition is filed for at least six months;

(2)    The minor child's parents whose parental rights have not been terminated, and any other person having legal rights to custody or guardianship of the minor child, give written consent to the name change;

(3)    The minor child, if twelve years of age or older, gives written consent to the name change; and

(4)    It appears to the court that the name change is in the minor child's best interests.

Source: SL 2016, ch 119, § 1.

21-37-5.2. Notice and open court requirements--Exception--Name change of victims--Sealed records.

The court may grant an order changing the name of a person without publication of notice or a hearing in open court if all of the following conditions are met:

(1)    The petitioner is over the age of eighteen years or is a guardian of a minor child;

(2)    The petitioner or minor child is a resident of this state;

(3)    The petitioner:

(a)    Or minor child is a victim of human trafficking and has a particularized need for a change of name to protect them from a person who victimized them such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5; or

(b)    Is an adult, is a victim of domestic abuse, and the petitioner shows a particularized need for a change of name to protect the petitioner from the perpetrator such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5;

(4)    It appears to the court that the name change is in the petitioner's or minor child's best interests; and

(5)    The court finds that the name change is not done for the purposes of fraud.

If good cause exists, the court may order all records regarding the petition and order be sealed. The court may order that if a new certificate of birth is obtained under § 34-25-16.8, the original certificate, and any other evidence upon which a new certificate is made, be sealed. The order must include findings that the petitioner is a victim meeting the requirements of subsection (3)(a) or (3)(b). The records shall only be opened by a court order based upon showing good cause or at the petitioner's request.

Source: SL 2020, ch 75, § 1; SL 2022, ch 59, § 1.