(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
(Text of Section from P.A. 102-813)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended application by
publishing a notice thereof in some newspaper published in the municipality
in which the person resides if the municipality is in a county with a
population under 2,000,000, or if the person does not reside
in a municipality in a county with a population under 2,000,000,
or if no newspaper is published in the municipality or if the person resides
in a county with a population of 2,000,000 or more, then in some newspaper
published in the county where the person resides, or if no newspaper
is published in that county, then in some convenient newspaper published
in this State. The notice shall be inserted for 3 consecutive weeks after filing, the
first insertion to be at least 6 weeks before the return day upon which
the petition is to be heard, and shall be signed by the petitioner or, in
case of a minor, the minor's parent or guardian, and shall set
forth the return day of court on which the petition is to be heard and the
name sought to be assumed.
(b) The publication requirement of subsection (a) shall not be
required in any application for a change of name involving a minor if,
before making judgment under this Article, reasonable notice and opportunity
to be heard is given to any parent whose parental rights have not been
previously terminated and to any person who has physical custody of the
child. If any of these persons are outside this State, notice and
opportunity to be heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name. (b-5) Upon motion, the court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a written declaration that the person believes that publishing notice of the name change would put the person at risk of physical harm or discrimination. The person must provide evidence to support the claim that publishing notice of the name change would put the person at risk of physical harm or discrimination. (c) The Director of the Illinois State Police or his or her designee may apply to the
circuit court
for an order directing that the notice and publication requirements of
this Section be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the publication requirement of subsection (a) if: (i) the petitioner is 18 years of age or older; and (ii) concurrent with the petition, the petitioner files with the court a statement, |
The petitioner may attach to the statement any supporting documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1).
(c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case.
(d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 102-1133)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended application by
publishing a notice thereof in some newspaper published in the municipality
in which the person resides if the municipality is in a county with a
population under 2,000,000, or if the person does not reside
in a municipality in a county with a population under 2,000,000,
or if no newspaper is published in the municipality or if the person resides
in a county with a population of 2,000,000 or more, then in some newspaper
published in the county where the person resides, or if no newspaper
is published in that county, then in some convenient newspaper published
in this State. The notice shall be inserted for 3 consecutive weeks after filing, the
first insertion to be at least 6 weeks before the return day upon which
the petition is to be heard, and shall be signed by the petitioner or, in
case of a minor, the minor's parent or guardian, and shall set
forth the return day of court on which the petition is to be heard and the
name sought to be assumed.
(b) The publication requirement of subsection (a) shall not be
required in any application for a change of name involving a minor if,
before making judgment under this Article, reasonable notice and opportunity
to be heard is given to any parent whose parental rights have not been
previously terminated and to any person who has physical custody of the
child. If any of these persons are outside this State, notice and
opportunity to be heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name.
(b-5) The court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a statement, verified under oath as provided under Section 1-109 of this Code, that the person believes that publishing notice of the name change would be a hardship, including but not limited to, a negative impact on the person's health or safety.
(b-6) In a case where waiver of the notice and publication requirement is sought, the petition for waiver is presumed granted and heard at the same hearing as the petition for name change. The court retains discretion to determine whether a hardship is shown and may order the petitioner to publish thereafter.
(c) The Director of State Police or his or her designee may apply to the
circuit court
for an order directing that the notice and publication requirements of
this Section be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may also enter a written order waiving the publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner files with the court a statement,
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The petitioner may attach to the statement any supporting documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1).
(c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case.
(d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 102-1133, eff. 1-1-24.)
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