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Legal name change in South Carolina

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  • Page changed: Family Court (2026-10-12) · #285
  • Page changed: Family Court (2026-09-28) · #72
Change your legal name
Limited
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
Sometimes
Sealed recordA court file that is kept confidential and not available to the public.
Possible

You can change your name in South Carolina by petitioning the family court, but the law adds steps most states do not have: six months of state residency, a SLED fingerprint background check, a DSS child-abuse registry check, and a sex offender registry check, all attached to your petition. There is no newspaper publication. The filing fee is $150 and can be waived if you cannot afford it.

Main cost
$150, can be waived
Apply
By mail or 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

Name changes in South Carolina are handled by the family court in the county where you live (S.C. Code § 15-49-10). The judge decides whether the change serves your "true interest" and "protection of the public." There is no statewide fill-in form; you file a written petition that states your reason, age, residence, place of birth, and the name you want.

Before you file, you must collect three background screenings (§ 15-49-20):

  • a SLED fingerprint criminal background check, which also includes the sex offender registry screening;
  • a DSS Central Registry of Child Abuse and Neglect screening statement;
  • plus two sworn affidavits: one about child support or alimony, and one proving at least six months of South Carolina residency.

A criminal record does not automatically mean denial. The judge may hold a hearing and usually does; many counties schedule one for every petition. If you also want a court order changing your gender marker (needed for your South Carolina birth certificate and driver's license), you can ask for it in the same petition; see the tips below.

Steps

  1. Contact the Harriet Hancock Center's legal program (optional but recommended)[11]

    Optional

    South Carolina has no official do-it-yourself packet. The Harriet Hancock Center and Rainy Day Fund run a free Legal Name & Gender Marker Change Program for SC residents: they provide the forms, can draft and file your petition, send an attorney to your hearing, and have funds to help with fees. Apply through the form on their legal program page.

  2. Get fingerprinted and send the SLED check[6][7][11]

    Get your prints taken on a blue fingerprint card at a local law enforcement agency, through IdentoGO (866-254-2366), or free at the Harriet Hancock Center's fingerprinting clinic (third Friday of each month, 1 to 4 pm, in Columbia). Mail the card with form DISS-0001-2024, the notarized affidavit, the $25 fee, and a self-addressed stamped envelope to SLED.

    Cost
    $25 sLED name change criminal records check
    Time
    A few weeks by mail (not published)

  3. Request the DSS child-abuse registry screening[8][9]

    Submit a one-time Central Registry request through the DSS online portal and pay the fee by card. Keep the results letter to attach to your petition.

    Cost
    Varies dSS Central Registry screening

  4. Prepare the petition and affidavits[1][11][3]

    Your filing packet usually includes: the Family Court Coversheet (SCCA 467), a written petition (reason for the change, your age, residence, place of birth, and the new name), an affidavit about child support or alimony, a residency affidavit with proof of six months in SC, a proposed order, and a hearing request. Attach the SLED and DSS results. Gather copies of your birth certificate, driver's license, Social Security card, and any earlier name change, marriage, or divorce papers.

    If you also want a gender marker change, add that request to the petition and include a notarized medical affidavit from your provider (see tips).

  5. Ask to waive the filing fee if you cannot pay[5]

    Optional

    File SCCA 405 (notarized) and the caption of SCCA 405.1 with your petition. The judge grants or denies it; if denied, you get a set number of days to pay.

  6. File with the family court clerk in your county[2][10]

    File in person or by mail with the Clerk of Court (family court) in the county where you live and pay $150, or submit your fee waiver. In Richland County (Columbia) that is 1701 Main St., 1st Floor West Wing.

    Cost
    $150 family court filing fee (name change)

  7. Go to the hearing[1][11]

    The statute lets the judge hold a hearing and order you to attend. For a name-only change some counties skip it; for a gender marker change expect to attend. The judge reviews your reason and the background checks, then grants or denies the petition.

  8. Get certified copies of the order[11]

    Ask the clerk for several certified copies of the signed order. You will need one each for Social Security, SC Vital Records, the SCDMV, and your passport application.

    Cost
    Varies certified copies of the order

Costs and fee waivers

Can’t afford it? You may not have to pay.[4][5][1][11]

There is no fixed income cutoff on the form. You swear under oath, with a financial declaration, that you cannot pay the filing and service costs, and the judge decides. The waiver covers court costs only, not the SLED or DSS fees.

File the notarized SCCA 405 and the captioned SCCA 405.1 together with your petition. The Harriet Hancock Center's program can also help cover fees.

SCCA 405SCCA 405.1

WhatCostNotes
Family court filing fee (name change)[2][10]$150Can be waivedThe Harriet Hancock Center reports clerks expect payment by money order or cashier's check; ask your county clerk.
SLED name change criminal records check[7]$25Money order, cashier's check, or certified check payable to SLED. Fingerprinting costs extra unless you use a free clinic.
DSS Central Registry screening[9]VariesPaid by card online; the amount is shown during the request. DSS waives fees only for child care licensing requests.
Certified copies of the order[11]VariesVaries by county

Free help

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

More detail

Forms5 forms: DISS-0001-2024, DSS 3072, SCCA 467, SCCA 405, and more

Open a form for tips on filling it out.

Forms everyone files (3)

DISS-0001-2024SLED Name Change Criminal Records Check (with affidavit)Required

How to fill it out

  • List your current legal name, date of birth, Social Security number, every other name you have used (including nicknames), and the name you are requesting.
  • The second page is an affidavit that you have never been convicted of a crime under another name. You must sign it yourself in front of a notary; no one else may sign it for you.
  • Attach a blue FBI-style fingerprint card filled out completely, a $25 money order or cashier's check payable to SLED (no cash or personal checks), and a stamped envelope addressed to yourself.
  • Mail everything to SLED, Attn: Records, P.O. Box 21398, Columbia, SC 29221. The result covers both the criminal record check and the sex offender registry screening, and is only valid with SLED's raised seal.

Open DISS-0001-2024[7][6]

DSS 3072DSS Central Registry of Child Abuse and Neglect check (online one-time request)Required

How to fill it out

  • Use the DSS provider portal's one-time request option (DSS says this is the right choice for a name change). You will get an email with a secure link to enter your information and consent.
  • Pay the fee by card through SC.GOV, then return to the portal and click Submit; paying alone does not submit the request.
  • Choose email or mail for the results letter. Questions about name change checks go to CentralRegistryInfo@dss.sc.gov.

Open DSS 3072[8][9]

SCCA 467Family Court CoversheetRequired

Filed with every new family court case.

Open SCCA 467[3][11]

Forms only some people need (2)

SCCA 405Motion and Affidavit to Proceed In Forma Pauperis (Motion for Waiver of Costs and Fees), Family CourtOptional

Only if you cannot afford the $150 filing fee. Must be notarized.

How to fill it out

  • Fill in your monthly income (attach recent pay stubs), assets, monthly expenses, and household size.
  • Sign in front of a notary; you are swearing you cannot pay the filing and service costs.
  • Fill in only the caption (top) of the order, SCCA 405.1, and file both with your petition.

Open SCCA 405[4][5]

SCCA 405.1In Forma Pauperis OrderOptional

Goes with SCCA 405. Fill in the caption only; the judge decides.

Open SCCA 405.1[5]

RequirementsWhere you live, age, criminal record, newspaper notice, hearing, background check, privacy and sealing, timeline
Where you live
You must have lived in South Carolina for at least six months and prove it with a document the SCDMV accepts as proof of residency. The judge can waive the six months if you show you are a victim of domestic violence, stalking, harassment, trafficking, or other abuse and are in reasonable fear for your safety.[1][11]
Age
18 or older to file for yourself. A parent files for a minor; see the Minors section.
Criminal record
Everyone must submit a SLED fingerprint check and a sex offender registry screening. A record does not automatically bar a name change; the judge weighs it. If granted, the clerk notifies SLED (and the Department of Corrections if you are in custody) of your new name.
Newspaper publication
No.

South Carolina law does not require newspaper publication for a name change.

[1][15]
Court hearing
Sometimes.

Section 15-49-20(B) says the court "may conduct a hearing" and may order you to be present. Some counties hold one for every petition; the Harriet Hancock Center reports a hearing is always required when you also ask for a gender marker change.

[1][11]
Background check
Yes.

Required for every adult petitioner: a SLED fingerprint-based criminal records check, a SLED sex offender registry screening (both on form DISS-0001-2024), and a DSS Central Registry of Child Abuse and Neglect screening. You pay all costs (§ 15-49-20(I)).

[1][7][8]
Privacy and sealed records
Available.

After granting the name change, the court must seal the file if you ask and the judge finds your safety (or your child's) warrants it. A sealed name change record is not made public. Sealing is not automatic.

Ask for sealing in your petition and explain the safety risk (for example, harassment or violence you have faced as a trans person). Bring any supporting documents to the hearing.

[1]
How long it takes

Expect roughly 2 to 4 months from starting the background checks to a signed order, depending on SLED mail turnaround and your county's hearing calendar. This is an estimate; neither the courts nor SLED publish processing times.

MinorsA parent petitions the family court.

A parent petitions the family court. The other parent must be named as a party (if there is no other parent, the child is named) unless the court waives it, and the court must appoint a guardian ad litem for the child; the Harriet Hancock Center notes the parents pay for the guardian ad litem. The judge grants the petition if it is in the child's best interest. The six-month residency rule does not apply to a parent's petition for a minor. Note that South Carolina bans hormone therapy and puberty blockers for anyone under 18 (see the care guide); that law does not address name changes.

[1][11]
After you finish1. Social Security first (free).
  1. Social Security first (free). The name changes; the sex field currently cannot. The SCDMV requires the SSA update at least 48 hours before your DMV visit.
  2. SC Vital Records if you were born in South Carolina: send the certified order to amend your birth certificate ($15 amendment fee plus $12 search fee). See the birth certificate guide.
  3. SCDMV: a new license or ID with your new name costs $10. See the driver's license guide.
  4. Passport, voter registration, banks, employer, school, and insurance.
Tips4 tips from people who have done this
  • To change the sex on your SC birth certificate and license you need a court order. The Harriet Hancock Center reports that family courts accept a combined name and gender marker petition supported by a notarized medical affidavit stating you have had a "permanent and irreversible" change; there is no set length or type of treatment required. Only M or F are available; South Carolina does not offer X.
  • If you were born in another state, check that state's rules first; many let you amend the birth certificate without a court order.
  • If you are getting married or divorced soon, you can change your name through the marriage license or divorce decree instead, without the background checks.
  • A name change cannot be used to avoid debts, child support, or alimony; the child support affidavit exists for this reason.
Laws and other guides1 law, 1 other guide

Laws and rules

Other trusted guides

Sources

15 sources. Numbers in the text, like [1], point here.Show all
  1. S.C. Code Title 15, Chapter 49, Change of NameSouth Carolina Legislature, Law. accessed
    “Prior to issuing an order for a name change, the court may conduct a hearing on the petition and may order the petitioner to be present.”
  2. Family Court Filing FeesSouth Carolina Judicial Branch, Court. accessed
    “Name Change and Correction of Birth Record Actions: $150”
  3. Court Forms, Family CourtSouth Carolina Judicial Branch, Court. accessed
  4. SCCA 405 FC, Motion and Affidavit to Proceed in Forma Pauperis (rev. 04/2026)South Carolina Judicial Branch, Form. accessed
    “I am unable to pay the costs of filing and service in the present matter and request that the court waive the costs”
  5. SCCA 405.2, In Forma Pauperis ProceduresSouth Carolina Judicial Branch, Form. accessed
    “If the motion is granted you will be permitted to proceed without paying a filing fee or service cost.”
  6. Criminal Justice Information Services, Name Change Criminal RecordsSouth Carolina Law Enforcement Division, Official page. accessed
    “SC Family Court requires SLED to perform a fingerprint-based criminal background check for name change requests.”
  7. Name Change Criminal Records Check, DISS-0001-2024South Carolina Law Enforcement Division, Form. accessed
    “Pay the required twenty-five dollar ($25.00) fee to process a Name Change criminal history request.”
  8. Child Abuse/Neglect Registry ChecksSouth Carolina Department of Social Services, Official page. accessed
  9. DSS Resource 2979, Central Registry One-Time Request (7/22/2026)South Carolina Department of Social Services, Official page. accessed
    “This option may be appropriate for an individual check, a name change, an out-of-state child care request”
  10. Family CourtRichland County, Court. accessed
    “There is a $150 filing fee to start any case in Family Court.”
  11. Rainy Day Fund (resource guide entry)Harriet Hancock LGBT Center, Organization. accessed
    “providing free fingerprinting services on the third Friday of each month from 1-4 PM at the HHC”
  12. Get Legal HelpSouth Carolina Bar, Organization. accessed
  13. Get HelpSouth Carolina Access to Justice Commission, Organization. accessed
  14. South Carolina identity documentsAdvocates for Trans Equality, Organization. accessed
    “The court may require a hearing. No publication is required.”