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Legal name change in Delaware

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  • Page changed: Court of Common Pleas Fees (2026-10-12) · #219
  • Page changed: Change of Name Petitions in the Court of Common Pleas (2026-10-12) · #218
  • Page changed: Forms, Change Your Name (2026-10-12) · #217
Change your legal name
Yes
Publication requirementA rule in some states that a name-change petition be printed in a newspaper before it is granted. Many states waive it for trans petitioners or for safety.
Not required
Court hearing
Required
Sealed recordA court file that is kept confidential and not available to the public.
Not offered

Delaware adults can change their name by filing a short petition in the Court of Common Pleas in the county where they live. No newspaper publication is required. The fee is $85 (fee waiver available), and you should expect a brief court hearing.

Main cost
$85, can be waived
Apply
In person

Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify

On this page
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Free help
  5. Forms
  6. Requirements
  7. Minors
  8. After you finish
  9. Tips
  10. Laws and other guides
  11. Sources

How it works

Adult name changes in Delaware go to the Court of Common Pleas in your county (New Castle, Kent, or Sussex). You fill out a one-page petition, sign a short affidavit in front of a notary, and file it with a copy of your birth certificate and photo ID. The court then schedules a short hearing. If the judge grants it, you get the signed order plus eight certified copies included in the $85 fee.

Delaware repealed its newspaper publication requirement in 2022, so you do not need to publish anything. You do not need a doctor's letter or any reason beyond your own; "to match my gender identity" is a sufficient reason.

Name changes for anyone under 18 go to Family Court instead, with a parent or guardian as petitioner.

Steps

  1. Fill out the petition and affidavit[4][8][3]

    Download the Court of Common Pleas name change packet. Complete the Petition for Name Change. Sign the Affidavit of Petitioner in front of a notary.

  2. Gather your documents[4]

    The packet lists what must be filed with the petition. Incomplete petitions are not accepted:

    • The notarized petition and affidavit
    • Your birth certificate
    • Photo ID
    • Documents for any earlier name change
    • A final divorce order or other court order, if that is part of the reason for the change

  3. File at the Court of Common Pleas and pay the fee[4][5]

    File in the county where you live: New Castle (500 N. King Street, Wilmington; 302-255-0900), Kent (414 Federal Street, Dover; 302-735-3900), or Sussex (1 The Circle, Georgetown; 302-858-5730). Pay $85, or file the in forma pauperis affidavit to ask the court to waive the fee.

    Cost
    $85 court of Common Pleas petition for name change

  4. Go to your hearing[4]

    The clerk assigns a hearing date. Arrive 30 minutes early to check in with the bailiff. The judge may ask a few questions about the request. If granted, you receive the signed order and eight certified copies.

  5. Update your records[4]

    Use the certified copies to update Social Security, the DMV, your birth certificate, passport, and other accounts. Extra certified copies cost $10 each from the court.

    Cost
    $10 additional certified copy of the order (each)

Costs and fee waivers

Can’t afford it? You may not have to pay.[7][2]

Delaware courts can let you proceed without paying costs (in forma pauperis) if you cannot afford them. The affidavit asks about your income, assets, and expenses; the judge decides.

Complete and sign the in forma pauperis affidavit and file it with your petition instead of paying the fee.

CCP IFP Affidavit

WhatCostNotes
Court of Common Pleas petition for name change[5][4]$85Can be waivedIncludes the signed original order and eight certified copies.
Additional certified copy of the order (each)[4]$10
Family Court petition for minor name change (civil filing plus court security assessment)[10]$100Can be waived$90 civil filing fee plus the $10 civil court security assessment the schedule applies to minor name change petitions.

Free help

Legal clinics, organizations, and funds that help with this.

  • Community Legal Aid Society, Inc. (CLASI)[12]

    Statewide civil legal aid for people with low incomes, older adults, and people with disabilities, with offices in Wilmington, Dover, and Georgetown. Call to ask whether they can help with a name change or refer you.

    • Free

    Serves: Statewide

    302-575-0660100 W. 10th St., Suite 801, Wilmington, DE 19801

  • Delaware Legal Help Link[13][12]

    Free statewide website that matches people with civil legal problems to the right legal aid program and has self-help guides.

    • Free

  • CAMP Rehoboth Community Center[14][11]

    LGBTQ+ community center in Sussex County. A4TE lists it as a place to get help and resource referrals for name and gender marker changes in Delaware.

    • Free
    302-227-562037 Baltimore Avenue, Rehoboth Beach, DE 19971

  • Trans Lifeline[15]

    Peer support hotline (877-565-8860) run by and for trans people; offers microgrants for ID and name change costs when funding allows.

    • Free
    877-565-8860

More detail

Forms5 forms: CCP Change of Name Packet, CIS, CCP IFP Affidavit, Form 492, and more

Open a form for tips on filling it out.

Forms everyone files (1)

CCP Change of Name PacketCourt of Common Pleas Change of Name Petitions packet (instructions, Petition for Name Change, Affidavit of Petitioner)Required

How to fill it out

  • Check the box for your county (New Castle, Kent, or Sussex) at the top of the petition.
  • Item 1: your address and county. The form states you have lived there more than six months.
  • Item 3: date and place of birth. If your current name differs from your birth name, attach proof of earlier changes (marriage certificate, prior order).
  • Item 4: current name and the new name you want. Spell it exactly; the order copies it.
  • Item 5, reason: a short, truthful reason is enough, for example "to reflect my gender identity" or "to match the name I use in daily life." You do not need medical proof.
  • Item 7: check whether you have pending criminal charges and whether you are under Department of Correction supervision; fill items 8 and 9 only if either applies.
  • Sign the Affidavit of Petitioner only in front of a notary (banks, libraries, and many UPS stores offer notary service).

Open CCP Change of Name Packet[4]

Forms only some people need (4)

CISCivil Case Information Statement (Court of Common Pleas)Sometimes required: Listed with the name change forms on the court's forms page.

Listed with the name change forms on the court's forms page. Use case type "MNAM - Change of Name Petition". Ask the clerk whether it is required in your county.

Open CIS[6][8]

CCP IFP AffidavitAffidavit in Support of Application to Proceed In Forma Pauperis (fee waiver)Optional

Only if you cannot afford the $85 filing fee.

Open CCP IFP Affidavit[7]

Form 492Petition for Minor Name Change (Family Court)Sometimes required: Only for a child under 18. One petition per child.

Only for a child under 18. One petition per child. Includes an affidavit the child signs if 14 or older.

Open Form 492[9][8]

Form 493Affidavit of Parental Consent to Petition for Minor Name ChangeSometimes required: Filed by the other parent if they agree to the child's name change.

Filed by the other parent if they agree to the child's name change. It avoids formal service on that parent.

Open Form 493[9][8]

RequirementsWhere you live, age, criminal record, newspaper notice, hearing, background check, privacy and sealing, timeline
Where you live
File in the Court of Common Pleas of the Delaware county where you live. The court's petition form asks you to state that you have lived in that county for more than six months.[1][4]
Age
18 or older in the Court of Common Pleas. Under 18 goes to Family Court (see Minors).
Criminal record
The petition asks whether you have pending criminal charges or are under Department of Correction supervision (including probation or parole). If you are under DOC supervision, the court may grant the change only if it finds it is motivated by a sincerely held religious belief or by gender identity, and DOC gets notice and a chance to object.
Newspaper publication
No.

The old requirement to publish the petition in a newspaper before filing (10 Del. C. § 5903) was repealed effective April 28, 2022.

[1]
Court hearing
Yes.

The court's instructions say a hearing date is assigned after filing and you must appear. The statute lets the court grant the petition when the requirements are met and there is no reason to deny it.

[4][1]
Background check
No.

No fingerprints. You must disclose pending criminal charges and any Department of Correction supervision on the petition; people under DOC supervision face the extra rules described under eligibility.

[4][1]
Privacy and sealed records
Not available.

Delaware's name change law has no automatic sealing and no gender-identity-specific confidentiality rule. Name change case records are generally public.

If publicity would put you at risk, you can ask the judge at filing or at the hearing to limit public access. A legal aid lawyer can help you prepare that request.

[1]
How long it takes

Usually a few weeks to a couple of months from filing to hearing, depending on the county's calendar. You get the order and copies at or soon after the hearing.

MinorsMinors file in Family Court, not Common Pleas.

Minors file in Family Court, not Common Pleas. At least one parent (or a guardian if both parents have died) signs the petition, and a child 14 or older must also sign (10 Del. C. § 5902). Use Form 492, one per child, signed before a notary. Every other legal parent must get notice: they can sign Form 493 (consent), or they must be formally served and get 20 days to answer. If a parent cannot be found, the court may require an affidavit and publication of notice where that parent last lived. The court decides based on the child's best interests, usually after a hearing that children 6 and older attend. Fee: $100 total, waivable.

[1][9][10][11]
After you finish1. Social Security first (free).
  1. Social Security first (free). Bring a certified copy of the order and photo ID. The name changes; the sex field currently cannot be changed.
  2. Delaware DMV driver's license or ID, in person, within 30 days of the order (see the driver's license guide).
  3. Birth certificate, if you were born in Delaware, through the Office of Vital Statistics (see the birth certificate guide).
  4. Passport, bank, employer, insurance, voter registration, school records.
Tips3 tips from people who have done this
  • Eight certified copies come with the $85 fee. That is usually enough for SSA, DMV, vital records, passport, and a few banks; keep one original copy at home.
  • Wear clean, neat clothes to the hearing; the court's instructions say proper dress is required to enter the courtroom.
  • If you have no Delaware birth certificate on hand, order a copy from the state where you were born before filing, because the court requires one.
Laws and other guides2 laws, 2 other guides

Laws and rules

Other trusted guides

Sources

15 sources. Numbers in the text, like [1], point here.Show all
  1. 10 Del. C. Chapter 59, Change of NameDelaware Code Online, Law. accessed
    “§ 5903. Publication of petition prior to filing. [Repealed] ... repealed by 83 Del. Laws, c. 295, § 1, effective Apr. 28, 2022.”
  2. 10 Del. C. Chapter 88, Proceedings in Forma PauperisDelaware Code Online, Law. accessed
  3. Change of Name Petitions in the Court of Common PleasDelaware Courts, Official page. accessed
  4. Court of Common Pleas, Change of Name Petitions packet (New Castle County)Delaware Courts, Form. accessed
    “Filing Fee: when you file your Petition for Change of Name, you will be required to pay a fee of $85.00. You will receive the original Order signed by the Judicial Officer, plus eight certified copies of the signed Order. Additional copies may be obtained at a cost of $10.00 per copy.”
  5. Court of Common Pleas FeesDelaware Courts, Official page. accessed
    “Petition for Name Change $ 85.00”
  6. Court of Common Pleas Civil Case Information StatementDelaware Courts, Form. accessed
    “MNAM CHANGE OF NAME PETITION”
  7. Affidavit in Support of Application to Proceed In Forma Pauperis (Court of Common Pleas)Delaware Courts, Form. accessed
  8. Forms, Change Your NameDelaware Courts, Official page. accessed
  9. Family Court Petition for Minor Name Change (Form 492)Delaware Family Court, Form. accessed
    “If Respondent 1 / Parent agrees to the name change, Form 493 – Affidavit of Parental Consent to Petition for Minor Name Change should be filed along with this petition.”
  10. Family Court Schedule of Assessed Costs (effective 7/20/26)Delaware Family Court, Official page. accessed
    “Civil Filing* (may be subject to $10 Court Security Fee) 90.00 ... PETITION FOR MINOR NAME CHANGE”
  11. Delaware Identity DocumentsAdvocates for Trans Equality, Organization. accessed
    “Name Change (Adult): Yes. Requires a brief court hearing. Does not require publication in a newspaper.”
  12. Contact UsCommunity Legal Aid Society, Inc., Organization. accessed
  13. CAMP Rehoboth Community CenterOrganization. accessed
  14. Trans LifelineOrganization. accessed