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A name change is handled by the county district court.
The process to get the child's name changed is:
1) The guardian or parent must file a petition in conformance with Missouri Rule of Civ Proc 52.02. A form may be obtained from the clerk of courts, or the county court's website. If not you can view the form and or purchase the form at the following location: http://www.ilrg.com/forms/namechange-minor/us/mo
The petition must include:
You should make sure the father is served a copy of the petition by registered mail or other acceptable service process.
2) You will need the written consent of the father and filed with the court.
If the father will not consent , the clerk of courts will then at least thirty days before the hearing serve a copy of the petition along with a notice of hearing to the last known address of the non consenting parent. You will need to verify with the clerk that this has been done and proof of service obtained
3) You will need to prepare an order for the name change for the court (the clerk may have a form).
4) After the order is obtained you will need to obtain and publish a signed order of publication once a week for 3 consecutive weeks in the county where the district court is newspaper.
5) After publication is complete you will obtain and file with the court a proof of publication. This is obtained from the newspaper.
6) You will then need to send a certified copy of order along with a cover letter stating the individual's birth date and the return address, and the fee ($15.00) to the Health Department. Documents in Missouri should be sent to:
Department of Health & Senior Services
Attn: Amendment Unit
P.O. Box 570
Jefferson City, MO 65102
Note a commercial package to help you with this process can be found at the following location: http://www.uslegalforms.com/mo/MO-NAME-2.htm
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
Is this the case even if the original birth certificate has never been issued?
yes when you completed the documents at the hospital this should have been forwarded by the hospital to the agency which keeps track of births and deaths. By completing the steps above the record data on the child will be updated.
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