Article XXI. Change of Name · Last amended 2024 · Last verified July 20, 2026
In one sentenceLets an Illinois resident born elsewhere petition a circuit court for a finding of fact about their birth record, so they can ask the state or country that issued their birth certificate to correct or update it.
Full Text of 735 ILCS 5/21-106
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(a)Legislative intent. Residents of this State who were born in another state or in another country may have difficulty in securing a birth certificate with the correct information. It is the intent of the General Assembly that Illinois should have a legal process available for these residents to seek a judicial order making findings of fact so that they may petition the issuing jurisdiction to change a birth certificate. (b) An Illinois resident may file a petition in the
resident's county of residence asking for a court to issue a finding of fact or facts to correct or update a birth certificate issued by another state or country.
(c)The petition must contain the following information: (1) the petitioner's name and current address; (2) the change that is sought; and (3) the reason for the change.
(d)The court must schedule a hearing for this request.
Plain-English Summary
Section 21-106 addresses a problem that has nothing to do with changing a name and everything to do with getting an accurate birth certificate. The legislature's stated intent is that Illinois residents born in another state or country sometimes cannot get their birth certificate corrected because the issuing jurisdiction wants a court order first, and until this section existed, Illinois had no clear process for producing one.
Under subsections (b) through (d), an Illinois resident can file a petition in their county of residence asking a court to issue a finding of fact that would support asking the other jurisdiction to correct or update the birth certificate. The petition must state the petitioner's name and current address, the change being sought, and the reason for it, and the court must schedule a hearing on the request.
Frequently Asked Questions
What problem is Section 21-106 meant to solve?
It lets an Illinois resident born in another state or country petition a circuit court for a finding of fact, which the resident can then use to ask the jurisdiction that issued their birth certificate to correct or update it.
Where do I file a petition under this section?
In the circuit court of the county where the petitioner resides.
What has to be in the petition?
The petitioner's name and current address, the change being sought, and the reason for the change.
Does the court have to hold a hearing on this kind of petition?
Yes. The section requires the court to schedule a hearing on the request.
Does this section change my name or just fix my birth certificate?
It is aimed at correcting or updating a birth certificate issued by another state or country, not at changing a name — that is handled by the rest of Article XXI.
Amendment History
(Source: P.A. 103-610, eff. 7-1-24.)
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:fix birth certificate illinois court ordercorrect out of state birth certificate illinoisfinding of fact birth record illinois