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21-101.Proceedings; parties.

Article XXI. Change of Name · Last amended 2025 · Last verified July 20, 2026

The official Illinois Compiled Statutes database prints three separate, not-yet-reconciled versions of this section, each enacted by a different Public Act in the same legislative session; all three are shown below.

In one sentenceSets out who may petition an Illinois court for a legal name change, bars most registered sex offenders and unpardoned felons from doing so, and exists in three parallel, unreconciled texts because three separate 2024 laws amended it at once.

Full Text of 735 ILCS 5/21-101

Text sizeText from P.A. 103-605 — jump to: (a) (b)

Text from P.A. 103-609 — jump to: (a) (b)

Text from P.A. 103-1063 — jump to: (a)

735 ILCS 5/21-101. Text from P.A. 103-605
(a) If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides.
(b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 35 of the Arsonist Registration Act, Section 20 of the Murderer and Violent Offender Against Youth Registration Act, and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury.
(b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense.
(c) A petitioner may include his or her spouse and adult unmarried children, with their consent, and his or her minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in his or her family.
An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:
(1) The wishes of the child's parents and any person acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
(3) The interaction and interrelationship of the child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
(4) The child's adjustment to his or her home, school, and community.
(d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.
735 ILCS 5/21-101. Text from P.A. 103-609
(a) If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides.
(b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 20 of the Murderer and Violent Offender Against Youth Registration Act and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury.
(b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense.
(c) A petitioner may include his or her spouse and adult unmarried children, with their consent, and his or her minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in his or her family.
An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:
(1) The wishes of the child's parents and any person acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
(3) The interaction and interrelationship of the child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
(4) The child's adjustment to his or her home, school, and community.
(d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.
735 ILCS 5/21-101. Text from P.A. 103-1063
(a) If any person who is a resident of this State desires to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides. The petitioner shall have resided in this State for 3 months at the time of the name change hearing or entry of an order granting the name change. (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 35 of the Arsonist Registration Act, Section 20 of the Murderer and Violent Offender Against Youth Registration Act, and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury. (b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense.
(c) A petitioner may include the petitioner's spouse and adult unmarried children, with their consent, and the petitioner's minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in that person's family.
An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including: (1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child. (2) The wishes of the child and the reasons for those
wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
(3) The interaction and interrelationship of the child with the child's parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
(4) The child's adjustment to the child's home, school, and community.
(d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name.

Plain-English Summary

Section 21-101 is the starting point for an Illinois name-change case: it says who can file, where to file, and who else can be swept into the same petition. Illinois's Legislative Reference Bureau has not yet merged the section into one official text, so the printed code carries three full versions side by side, tagged by the public act that produced them: P.A. 103-605, P.A. 103-609, and P.A. 103-1063. Nothing is broken or missing; the legislature passed three amendments to the same section in one session without cross-referencing each other, and the reconciliation has not caught up.

All three versions agree on the core structure. A person files a petition in the circuit court of the county where they live. Anyone convicted of an offense that carries sex-offender, violent-offender, or arsonist registration duties is locked out of a name change during the registration period unless the petition is for marriage, religious belief, trafficking-victim status, or gender identity, sworn to under oath. Anyone with an unfinished felony sentence is locked out unless pardoned. A petitioner may add a spouse and adult children with their consent, and minor children only if the court finds the change serves the child's best interest after weighing the factors listed in the section. An order changing the name of someone with a qualifying criminal record or open charge must be sent to the Illinois State Police to update that person's criminal history or registration.

Where the versions part ways is narrower than it looks. The P.A. 103-605 and P.A. 103-609 texts both require six months of Illinois residency before the petition is filed. The P.A. 103-1063 text drops that language and instead requires three months of residency measured at the time of the hearing or the order granting the change — a shorter window, and one checked at a different point in the case. The P.A. 103-609 text also refers to the “Arsonist Registry Act” rather than the “Arsonist Registration Act” used in the other two, and leaves out the specific duty-to-report citation to that Act's Section 35 that the other two versions include. P.A. 103-1063, the most recently effective of the three (March 1, 2025, versus July 1, 2024, for the other two), also updates the pronouns in subsection (c) to gender-neutral phrasing.

Because the source itself has not chosen among these texts, this page does not either. A petitioner or attorney working through a name-change case should check with the circuit clerk or a current annotated copy of the statute for how the residency requirement is being applied in practice, since that is the one difference likely to matter at the courthouse.

Frequently Asked Questions

Why does this section show three different versions instead of one?

Three separate public acts — 103-605, 103-609, and 103-1063 — each amended Section 21-101 during the same legislative session, and none of them accounted for the other two. Illinois's Legislative Reference Bureau publishes all three side by side until a later act consolidates them into a single official text.

How long do I have to live in Illinois before I can change my name?

Two of the three versions require six months of residency before filing the petition. The third, from P.A. 103-1063, instead requires three months of residency measured at the time of the hearing or the order, not at filing. Which standard a given court applies may depend on which version the clerk's office is currently using, so it is worth confirming locally.

Can a registered sex offender get a legal name change in Illinois?

Generally no, not while the registration period runs, unless the petition is for marriage, religious belief, trafficking-victim status, or gender identity and the petitioner swears to that reason under oath. All three versions of Section 21-101 apply this same rule, and a granted change still must be reported to the person's registering law enforcement agency.

Can someone with a felony conviction change their name in Illinois?

Not while a felony sentence is unfinished, unless the person has been pardoned for the offense. This bar appears identically in all three versions of the section.

Can I include my spouse or children in my name-change petition?

Yes. A petitioner may add a spouse and adult unmarried children who consent, and minor children if the court finds the change serves their best interest after considering the factors the section lists, such as the child's own wishes and adjustment to home, school, and community.

Amendment History

Text from P.A. 103-605(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103- 605, eff. 7-1-24.)
Text from P.A. 103-609(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103- 609, eff. 7-1-24.)
Text from P.A. 103-1063(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103- 1063, eff. 3-1-25.)
Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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