Legal name change in North Dakota
- 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.
- Sometimes
- Court hearing
- Sometimes
- Sealed recordA court file that is kept confidential and not available to the public.
- Not offered
Adults can change their name in North Dakota district court for any good-faith reason, including to match their gender. If you change only your first or middle name, you can ask the judge to skip newspaper publication. The filing fee is $160, and you can ask the court to waive it.
- Main cost
- $160, can be waived
Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify
On this page
How it works
You file a petition in the district court of the county where you live. You must have lived in that county for at least six months, and you must be a U.S. citizen or lawful permanent resident.
State law normally requires you to publish a notice in the county's official newspaper and wait 30 days before the judge can grant the change. The judge may waive publication if you change only your first or middle name (not your last name), or if you are a victim of domestic violence. The court's self-help packet has a checkbox for this.
The judge decides on the papers in most cases; a hearing is not required but can be ordered. The judge must check whether you have a criminal record and may make you get a background check at your own cost. A felony conviction makes it much harder, but not impossible, to get a name change.
A name change order does not let you change the sex on a North Dakota birth certificate; state law bars that. You can still use the order to change your name everywhere else, and to change the sex on your driver's license with a separate provider form.
Steps
Call the clerk and ask about background checks[3]
Some judges require every adult petitioner to get a criminal history check; others decide case by case. Ask the Clerk of District Court in your county before you start, because a check can take weeks. Court locations and phone numbers are at ndcourts.gov/court-locations.
If you are changing only your first and/or middle name, you can skip publication for now and ask the judge to waive it in your petition (paragraph 11). If you are changing your last name, you must publish the Notice of Petition in your county's official newspaper, get an Affidavit or Declaration of Publication from the newspaper, and wait 30 calendar days before filing. If the judge later denies your waiver request, the court will tell you to publish then.
- Cost
- Varies newspaper publication (only if not waived)
Fill out the petition packet[3]
Complete the Petition, Declaration of Petitioner, Confidential Information Form, and proposed Order. Type or print in black ink on one side of each page. Keep copies of everything.
File the packet with the Clerk of District Court in your county and pay the $160 filing fee, or file the fee waiver forms at the same time. If you published, also file the Notice, the Affidavit or Declaration of Publication, and any written objections you received.
- Cost
- $160 district court filing fee
Get a background check if the judge asks[3]
OptionalIf the court notifies you that a check is required, you may be directed to request your FBI record at edo.cjis.gov. You pay the cost. File the Declaration of Petitioner about criminal history checks if the court asks for it.
- Cost
- Varies criminal history record check (only if the judge requires it)
Wait for the judge's decision and get certified copies[3]
The judge may decide without a hearing or may schedule one. Your name is not changed until the judge signs the order. Then ask the clerk for certified copies of the order and of the Confidential Information Form attached to it: $10 for the first copy and $5 for each additional copy requested at the same time. Get several.
- Cost
- $10 certified copy of the order
Costs and fee waivers
Can’t afford it? You may not have to pay.[6][7]
The judge decides based on your inability to pay. The financial declaration asks whether you receive public assistance (Medicaid, SNAP, TANF, or other) and about your income and expenses. The waiver covers the filing fee only, not certified copies, publication, or service costs.
Fill out Form 1 (Petition) and Form 2 (Financial Declaration) from the court's fee waiver packet and file them with your name change papers.
Petition for Waiver of Filing Fees and Financial Declaration (Forms 1 and 2)
| What | Cost | Notes |
|---|---|---|
| District court filing fee[3] | $160 | Can be waived |
| Newspaper publication (only if not waived)[3] | Varies | Varies by vendorSet by the county's official newspaper. Ask the newspaper for a quote before you submit the notice. |
| Criminal history record check (only if the judge requires it)[1][3] | Varies | Varies by vendor |
| Certified copy of the order[3][7] | $10 | $10 for the first copy, $5 for each additional copy requested at the same time. A filing fee waiver does not cover certified copies. |
Free help
Legal clinics, organizations, and funds that help with this.
North Dakota Legal Self Help Center[2]
The court system's self-help site with the adult and child name change packets, fee waiver forms, and instructions.
Legal Services of North Dakota[8][7]
Free civil legal help for people with low income and people 60 and older statewide; also screens for the low-cost Volunteer Lawyers program. Under 60, call 1-800-634-5263.
Serves: Statewide
Dakota Plains Legal Services[9]
Free civil legal help for people with low income, older people, and veterans, with offices serving North Dakota and South Dakota, including nine tribal nations.
ACLU of North Dakota[10]
Civil liberties organization that tracks and challenges anti-trans laws in North Dakota. It does not offer individual name change help, but you can report a problem.
More detail
Forms7 forms
Open a form for tips on filling it out.
Forms everyone files (4)
Petition for Name Change (adult)Required
How to fill it out
- Leave the case number blank; the clerk assigns it.
- Paragraph 4: the county and the month and year you began living there. It must be at least six months ago.
- Paragraph 7: your new name exactly as you want it on the order.
- Paragraph 11: if you are changing only your first and/or middle name, check the box asking the judge to waive publication and check that reason. If you keep the box unchecked, you must publish first (Steps 1 and 2 of the instructions).
- Paragraph 9: check whether you have any criminal convictions. Answer honestly; the court checks.
Declaration of PetitionerRequired
How to fill it out
- Item 8 asks for your reasons. A short, honest statement is enough, for example that you are transgender and want your legal name to match the name you use. You do not need a doctor's letter.
- Item 11 must match paragraph 11 of your petition. If you ask for a waiver of publication because of domestic violence, explain in detail here.
- Item 12: list anyone who sent a written objection (only if you published).
Confidential Information FormRequired
Holds your full date of birth. It is not public. Get a certified copy of it with your order; Vital Records will not accept the order without it.
Order Granting Name Change (proposed)Required
Fill in the caption and names; skip paragraph 5 and do not sign or date it. The judge signs it.
Forms only some people need (3)
Notice of Petition for Name ChangeSometimes required: Only if you publish (for example, if you change your last name, or the judge denies your…
Only if you publish (for example, if you change your last name, or the judge denies your waiver request).
Declaration of Petitioner: Criminal History Records Checks and/or ObjectionsSometimes required: Only if the court tells you after filing that you need a background check or must respond…
Only if the court tells you after filing that you need a background check or must respond to objections.
Petition for Waiver of Filing Fees and Financial Declaration (Forms 1 and 2)Optional
Only if you cannot afford the $160 filing fee. File it at the same time as your petition.
RequirementsWhere you live, age, criminal record, newspaper notice, hearing, background check, privacy and sealing, timeline
- Where you live
- You must have been a resident of the North Dakota county where you file for at least six months before filing.[1][3]
- Age
- 18 or older for the adult process. A parent files for a minor; see the Minors section.
- Criminal record
- If you have a felony conviction anywhere, the law presumes the request is in bad faith. You can still get the change if you prove by clear and convincing evidence that it is in good faith, not meant to defraud or mislead, and will not harm anyone or public safety. The court reports granted name changes of people with a criminal history to the Bureau of Criminal Investigation.
- Other
- You must be a U.S. citizen or a lawful permanent resident.
- Newspaper publication
- Sometimes.
The law requires 30 days' notice in the official newspaper of your county before the judge can grant a name change. The law does not say how many times the notice must run. Publication can be in print, e-edition, or both.
Check the waiver box in paragraph 11 of the petition. The judge may waive publication only if you change just your first or middle name, or if you give evidence that you are a victim of domestic violence. Changing your last name for gender-identity reasons alone is not a listed ground for waiver.
[1][3] - Court hearing
- Sometimes.
A hearing is not required, but the judge may order one. If so, the clerk will tell you the date, time, and place; be ready to support what you wrote in your petition.
[3] - Background check
- Sometimes.
The court must determine whether you have a criminal history in any state and may require a statewide and nationwide check at your cost. Practice varies by judge; ask the clerk first.
[1][3] - Privacy and sealed records
- Not available.
North Dakota law has no provision for sealing a name change case, and a published notice is public. Your full date of birth goes on the Confidential Information Form, which is not public under Rule 3.4 of the North Dakota Rules of Court. Asking to skip publication (first or middle name only) is the main way to limit who learns of your name change.
[1][3] - How long it takes
If publication is waived, expect a few weeks to a couple of months from filing to a signed order, depending on the county and any background check. If you publish, add at least 30 days before you can file.
MinorsA parent files in the county where the child lives, using the court's child name change packet.
A parent files in the county where the child lives, using the court's child name change packet. The court must consider appointing a guardian ad litem. Notice must be published in the child's county and, if different, in each parent's county; the self-help instructions say publication cannot be waived for minors. If there is a noncustodial parent, you must mail them a copy of the notice within 10 days after publication and file a Declaration of Service by Mail. The judge decides based on the child's best interests. The filing fee is also $160.
[1][4][5]After you finishWith certified copies of your order (and the attached Confidential Information Form), update in this order: 1.
With certified copies of your order (and the attached Confidential Information Form), update in this order:
- Social Security (in person or by mail with Form SS-5). Do this first; the DOT checks your name against SSA.
- Driver's license or ID at a North Dakota DOT driver license site. See the driver's license guide.
- Passport (Form DS-82 by mail if eligible, or DS-11).
- Birth certificate: if you were born in North Dakota, you can update the name (not the sex). See the birth certificate guide.
- Banks, employer, school, insurance, voter registration.
Tips3 tips from people who have done this
- Publication can be skipped only for first or middle name changes (or for domestic violence victims). If you also change your last name, plan for the newspaper cost and the 30-day wait.
- Court staff cannot give legal advice, but the ND Legal Self Help Center's packet walks through every line. Print forms on one side only.
- Order more certified copies than you think you need; each agency keeps or checks one, and extra copies cost only $5 when ordered together.
Laws and other guides2 laws, 1 other guide
Laws and rules
- N.D.C.C. § 32-28-02: Change of name of person; petition; criminal history record checks
- N.D.C.C. § 32-28-04: Costs; change not to affect rights or pending actions
Other trusted guides
- A4TE, North Dakota Identity Documents. Step-by-step guide from Advocates for Trans Equality; last updated January 2026.
Sources
10 sources. Numbers in the text, like [1], point here.Show all
- N.D.C.C. ch. 32-28, Change of Names of Persons and Places
“The court may waive publication of the notice when the proposed change relates only to a first or given name as distinguished from a surname or upon evidence satisfactory to the court that the petitioner has been the victim of domestic violence”
- Adult Name Changes
- Instructions for a Name Change, Adult (rev. May 2026)
“Note: You must pay an $160.00 filing fee.”
- Minor Name Changes
- Instructions for a Name Change, Child
- Fee Waiver
- Instructions and Forms for Petition for Waiver of Filing Fees (rev. Aug 2026)
“The Filing Fee Waiver doesn't include waiver of the following: Transcript fees; Copy fees; Certified copy fees; or Cost of serving documents.”
- Legal Services of North Dakota
- Dakota Plains Legal Services
- ACLU of North Dakota