21-104.Process and notice to persons outside this State.
Article XXI. Change of Name · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSets the methods and minimum timing for giving notice to someone outside Illinois in a name-change case, so the court can exercise jurisdiction over a person who is not in the state.
Full Text of 735 ILCS 5/21-104
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(a)Process in change of name proceedings shall be governed
by this Code. (b) Notice in all change of name proceedings required for
the exercise of jurisdiction over a person outside this State shall be given in a manner best calculated to give actual notice and shall be given in one of the following manners:
(1)By personal delivery outside this State in the manner prescribed for service of process within this State.
(2)In the manner prescribed by the law of the place in which the service is made for service of process in that place in an action in any of its courts of general jurisdiction.
(3)By any form of mail addressed to the person to be served and requesting a receipt.
(4)As directed by the court if other means of notification are ineffective. (c) Notice under this Section shall be served, mailed, or delivered at least 10 days before any hearing in this State.
(d)Proof of service outside this State may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made. If service is made by mail, proof may be a receipt signed by the addressee or other evidence of delivery to the addressee.
Plain-English Summary
Section 21-104 governs notice when a name-change proceeding needs to reach someone who lives outside Illinois — most often a parent under Section 21-103.5. Subsection (a) confirms that process in these cases is governed by this Code generally. Subsection (b) then lists the ways notice can be given to satisfy jurisdiction over an out-of-state person: personal delivery following Illinois's own service rules, service under the law of wherever the person is located, mail addressed to the person with a return receipt requested, or another method the court directs if the usual options will not work.
Subsection (c) requires that whichever method is used, notice must be served, mailed, or delivered at least 10 days before the hearing. Subsection (d) explains how to prove that service happened: an affidavit from whoever made the service, or proof in the form the law of this state, the court's order, or the place of service allows — and if service was by mail, a signed receipt or other evidence of delivery works.
Frequently Asked Questions
How can an Illinois court give notice to someone who lives in another state?
Four ways: personal delivery following Illinois's own service rules, service under the law of the place where the person is located, mail requesting a return receipt, or another method the court directs if those options are not workable.
How far in advance must an out-of-state person be notified before the hearing?
At least 10 days before the hearing, regardless of which method of service is used.
How does someone prove that out-of-state notice was given?
By affidavit from the person who made service, or by whatever proof the law of Illinois, the court's order, or the law of the place of service allows. If service was by mail, a signed receipt or other evidence of delivery is sufficient.
Does this section only apply to name-change cases involving a minor?
No. It applies whenever an Illinois name-change proceeding needs to reach a person outside the state to establish jurisdiction over them, though it is most often used for the parental notice required under Section 21-103.5.
What happens if none of the standard notice methods will reach the person?
The court can direct another method of notification, as long as it is reasonably calculated to give the person actual notice.
Amendment History
(Source: P.A. 87-409.)
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
Also known as:notice out of state name change illinoisservice of process name change proceedingout of state parent notice illinois name change