South Dakota Name Change Law

CHAPTER 21-37. CHANGE OF NAME

§ 21-37-1. Circuit court power to change names - Pending proceedings and existing rights unaffected.

§ 21-37-2. Residence required for change of name of person - Proceedings.

§ 21-37-3. Petition for change of name of person - Contents.

§ 21-37-3.1. Single petition for certain family members.

§ 21-37-4. Publication of notice of hearing on change of name of person.

§ 21-37-5. Hearing and order changing name of person.

§ 21-37-6. Change of name of municipality or platted portion - Proceedings.

§ 21-37-7. Petition for change of name of municipality or platted portion.

§ 21-37-8. Publication of notice of hearing on change of name of municipality of platted portion.

§ 21-37-9. Hearing and order on change of name of municipality or platted portion - Proof of voters' desire required - Duplication of names avoided.

§ 21-37-10. Judgment for costs against petitioner.

§ 21-37-1. Circuit court power to change names - Pending proceedings and existing rights unaffected.

The circuit court shall have authority to change the names of persons, municipalities, and the name of any recorded plat or map of land situated within the limits of any municipality, as provided in this chapter. The change of names shall in no manner affect or alter any pending action or legal proceeding, nor any right, title, or interest whatsoever.

Source: CCivP 1877, §§ 734, 737; CL 1887, §§ 5556, 5559; RCCivP 1903, §§ 803, 806; SL 1903, ch 183; RC 1919, §§ 3042, 3045; SDC 1939 & Supp 1960, § 37.1001; SL 1992, ch 60, § 2.

§ 21-37-2. Residence required for change of name of person - Proceedings.

Any person who has been a bona fide resident of any county of this state for a period of six months next preceding the filing of the petition required in § 21-37-3, may change his or her name by proceeding as provided by §§ 21-37-3 to 21-37-5, inclusive.

Source: SDC 1939 & Supp 1960, § 37.1002.

§ 21-37-3. Petition for change of name of person - Contents.

A petition for change of name of a person must be filed in the office of the clerk of courts of the county of petitioner's said residence, entitled in the circuit court for said county and stating that the petitioner has been a bona fide resident citizen of such county for at least six months prior to filing the petition; the cause for which change of petitioner's name is sought; and the name asked for.

Source: SDC 1939 & Supp 1960, § 37.1002 (1).

§ 21-37-3.1. Single petition for certain family members.

Persons who are married pursuant to § 25-1-1 and any natural or adopted child of either person may file one petition for change of name.

Source: SL 1998, ch 128, § 1.

§ 21-37-4. Publication of notice of hearing on change of name of person.

Notice of the hearing on change of name of a person, stating the time and place and object thereof with the old and proposed names of the petitioner, shall be given by publishing the same once each week for four successive weeks in any legal newspaper of the county of petitioner's residence.

Source: SDC 1939 & Supp 1960, § 37.1002 (2).

§ 21-37-5. Hearing and order changing name of person.

At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as required in § 21-37-4 and that the allegations of the petition are true, and that there exists proper and reasonable cause for changing the name of the petitioner, the court or judge shall make an order directing a change of the name of the petitioner and directing that such order be entered by the clerk.

Source: SDC 1939 & Supp 1960, § 37.1002 (3).

§ 21-37-6. Change of name of municipality or platted portion - Proceedings.

Whenever it may be desirable to change the name of any municipality or platted or mapped portion thereof, any person interested in proposing such change may proceed as provided by §§ 21-37-7 to 21-37-9, inclusive.

Source: SDC 1939 & Supp 1960, § 37.1003; SL 1992, ch 60, § 2.

§ 21-37-7. Petition for change of name of municipality or platted portion.

A petition for change of name under § 21-37-6 shall be filed in the office of the clerk of the circuit court for the county in which the municipality is situated setting forth the cause why such change of name is desirable, and the name asked to be substituted.

Source: SDC 1939 & Supp 1960, § 37.1003 (1); SL 1992, ch 60, § 2.

§ 21-37-8. Publication of notice of hearing on change of name of municipality of platted portion.

Notice of the hearing on change of name under § 21-37-6, stating the time and place of hearing, object of hearing, and proposed name shall be given by publishing the same once each week for at least two successive weeks in some legal newspaper published in the municipality involved or if none is published therein, then in any legal newspaper of the county, in which the municipality is situated.

Source: SDC 1939 & Supp 1960, § 37.1003 (2); SL 1972, ch 51, § 5; 1992, ch 60, § 2.

§ 21-37-9. Hearing and order on change of name of municipality or platted portion - Proof of voters' desire required - Duplication of names avoided.

At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as provided in § 21-37-8 and that two-thirds of the legal voters of such municipality desire such change of name, and that there is no other municipality in the state of the name asked for, or in the case of proposed change of name of a platted or mapped portion of a municipality, that there is no other platted or mapped portion of the same name as proposed in said municipality, unless the portion is being added to a portion with the name to which change is sought, the court or judge may order and direct such change of name and direct the clerk to enter such order.

Source: SDC 1939 & Supp 1960, § 37.1003 (3); SL 1992, ch 60, § 2.

§ 21-37-10. Judgment for costs against petitioner.

All proceedings under this chapter shall be at the cost of the petitioner and judgment may be entered against him for costs as in other civil actions.

Source: CCivP 1877, § 737; CL 1887, § 5559; RCCivP 1903, § 806; RC 1919, § 3045; SDC 1939 & Supp 1960, § 37.1001.