In any application for a change of name involving a minor, before a judgment under this Article may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under Section 602.5 or 602.7 of the Illinois Marriage and Dissolution of Marriage Act. If any of these persons is outside this State, notice and an opportunity to be heard shall be given under Section 21-104.
21-103.5.Change of name involving a minor.
Article XXI. Change of Name · Last amended 2018 · Last verified July 20, 2026
In one sentenceRequires actual notice and a chance to be heard before a court can grant a minor's name change, for any parent whose rights are intact and anyone allocated parental responsibility for the child.
Full Text of 735 ILCS 5/21-103.5
Plain-English Summary
When a name-change petition involves a minor, Section 21-103.5 protects the people who share legal responsibility for that child. Before the court can enter judgment, it must give actual notice and an opportunity to be heard to any parent whose parental rights have not already been terminated, and to anyone who has been allocated parental responsibilities for the child under the Illinois Marriage and Dissolution of Marriage Act.
If one of those people lives outside Illinois, the notice has to follow the out-of-state procedure in Section 21-104 rather than ordinary in-state service.
Frequently Asked Questions
Who must be notified before a court changes a minor's name?
Any parent whose parental rights have not been terminated, and any person who has been allocated parental responsibilities for the child under Section 602.5 or 602.7 of the Illinois Marriage and Dissolution of Marriage Act.
What kind of notice does this section require?
Actual notice and an opportunity to be heard, given before judgment on the name-change petition — not just notice by publication or another substitute method.
What happens if the other parent lives out of state?
Notice must be given under Section 21-104, which sets out the methods available for reaching a person outside Illinois and the minimum time before a hearing.
Does a parent whose rights were terminated still get notice?
No. The section applies only to a parent whose parental rights have not been previously terminated.
Does this section apply if the child's parents were never married?
Yes. It covers anyone allocated parental responsibilities under the Marriage and Dissolution of Marriage Act, which applies to parentage cases as well as divorces, so an unmarried parent with allocated responsibilities is entitled to the same notice.
Amendment History
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100- 565 for the effective date of P.A. 100-520).)
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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