How Can I Change My Last Name in North Carolina?

By David Hood
Partnership Chair

Changing your last name might sound complicated, but in North Carolina, it is more common than you might think. People decide to change their name for all kinds of reasons, maybe after an adoption, a change in custody, or to make a family name match up. No matter your reason, it is essential that you understand what the process involves.

Common Reasons for Changing a Last Name

Let’s say that you are part of a blended family. Maybe a child wants to share the same last name as their step-parent, or maybe you have adopted a child and want their name to reflect their new home. In other cases, an adult adoption might happen later in life, and the adopted person wants their name to reflect that new connection.

Here are a few of the most common reasons people legally change their last name in North Carolina:

  • Adoption – This applies to both children and adults. When someone is adopted, they often take on the last name of their new family. This helps create a stronger bond and sense of belonging.
  • Legitimation – If a child is born to parents who aren’t married, and the father later acknowledges paternity through the court, the child’s name can be changed to match the father’s last name.
  • Custody changes – Sometimes, after a change in custody, a parent might want their child’s last name to match theirs.
  • Termination of parental rights – If one parent no longer has legal rights, a name change might follow, especially if the child is being adopted or brought into a different home environment.

No matter the situation, the courts in North Carolina allow for name changes if the reason is not to fraudulently escape debt or other burdens and if they’re in the best interest of the person involved, especially children.

What Does the Law Say?

In North Carolina, name changes are handled through the Clerk of Superior Court in the county where you live. You’ll need to file a formal petition, pay a filing fee, and follow some specific steps depending on your situation.

For adults, the process includes:

  • Filling out a petition
  • Getting your fingerprints taken and submitting them to the State Bureau of Investigation
  • Running a criminal background check
  • Explaining why you want the name change

For children, the process depends on who has legal custody and what kind of name change they are requesting. In most cases, both parents need to agree to the change unless one parent has had their rights terminated or is not legally involved. In adoption cases, the name change is typically included as part of the adoption order, so you won’t need to file a separate petition.

How an Attorney Can Help

While it’s possible to file for a name change on your own, an attorney can make the process much smoother, especially if the case involves adoption, custody changes, or disputes between parents. An attorney can gather the right documents, prepare the petition, and represent you in court if needed. We can prepare and file your name change request correctly, which may reduce delays and make the process less stressful. 

At Patrick, Harper & Dixon LLP, we work closely with families to understand their needs and help them feel confident throughout the process. If you are considering a name change, reach out to our team. We’re here to guide you through it every step of the way.

Contact Our Team Today

At Patrick, Harper & Dixon LLP, we have helped families all across North Carolina with name changes tied to adoption, custody, legitimation, and more. We’ll listen to your story and help you figure out the best way forward.

Whether you are updating your name to match your family or helping your child feel more connected, this change matters. Call us today to get started with a consultation. We’ll help you take the next step with confidence.

About the Author
David W. Hood, Partnership Chair of the Firm, is a trial attorney in a wide-ranging civil practice with over 200 jury trials to his credit. His concentrations include Business Disputes, Construction Law, Personal Injury and Collections. He is also a certified mediator, helping to settle cases pending in both state and federal court. He recently finished his term as President of the North Carolina Association of Defense Attorneys, the organization for lawyers representing business interests in civil litigation.