HAR §2-2-2
HAR §2-2-2. Petition for change of name
Cite as Haw. Code R. § 2-2-2
(a)
To change a
person's name, a petition on the form prescribed shall be
submitted to the office containing at least the following
information describing the person whose name is to be changed:
(1)
The person's present name and if a prior name change(s)
had been granted, the date, place, name changed from
and to, and the granting authority;
(2)
Date and place of birth;
(3)
Name of any past or present husband or wife, the date
and place of the present marriage, the date and place
of any divorces and the name of the court granting the
divorce;
(4)
Name of father and married and maiden names of mother,
names of step-parents, names· of legal parents,. and
names of adoptive parents;
(5)
Names of any minor and adult children and their dates
and places of birth or a statement that the person has
no children;
(6)
State of residency and residence address.
Post office
boxes are not acceptable except on those islands and in
those areas where no street addresses exist, and in
that case the petitioner shall so state in the
petition.
A mailing address, if different from
residence, shall be required;
(7)
Whether or not the person is a convicted felon and if
so, the _date and place of the conviction and the type
of felony.
The petitioner shall fully explain the
charges, the sentence, the terms of parole or
probation, the date of final discharge of the sentence,
whether there was a delayed acceptance of a guilty plea
and, if there was a pardon, by whom the pardon was
granted;
(8)
A statement to the effect that the person is not
changing the person's name to defraud creditors;
(9)
The reason or reasons for the change of name; and
(10) Any other information as may be required by the office
to substantiate or verify information contained in the
petition.
(b)
In addition to complying with subsection (a) the
petition shall conform to the following:
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0
§2-2-3
(1)
The petition may be dated, but if so, the date of the
petition shall be prior to the date of the earliest
acknowledgment;
(2)
The petition shall be notarized in the form prescribed
by the office.
The petitioner shall proceed in person
and a power of attorney will not be accepted;
(3)
The petition shall be accompanied by an original birth
certificate, original naturalization certificate, or if
petitioner is an alien, a photocopy of petitioner's
passport and birth certificate, family register, or
alien registration card.
All persons shall submit an
original birth certificate obtained from the
appropriate agency no earlier than three months prior
to submission of the petition;
(4)
The petition shall be free of clerical errors.
Any
changes in the petition subsequent to any
acknowledgment shall be initialed by the notary making
the change and all parties to the petition;
(5)
The name petitioner is requesting as the petitioner's
new name shall meet the requirements of the department
of health for names on a birth certificate; and
(6)
The petition must be signed in the petitioner's full
legal name without initials or nicknames.
(c)
The original petition shall be filed with the office
within thirty days of the date of the earliest acknowledgment,
unless for good cause shown petitioner requests in writing and
is granted an extension by the office, but in no case shall such
extension be longer than thirty days.
[Eff 9/30/69; am 7/30/84;
am and comp
SEP 281987
] (Auth:
HRS §574-5) (Imp:
§574-5)
§2-2-3
Consent to change of name of minor and form of
consent.
(a)
The petition for the change of name of any minor
shall be accompanied by a consent to the change of name signed
by:
(1)
The parents of the minor whether custodial or
non-custodial; and
(2)
The minor if the minor is ten years or older at the
time the petition is filed.
[
2-3
0
§2-2-3
(b)
The consent to the change of name shall be notarized
and on the form prescribed by the office.
(c)
In any petition for the change of name of any minor the
petition shall not be accepted for processing by the office
unless all documents are in the form prescribed by the office,
and the petition and all documents comply with any and all
statutory provisions related to change of name of a minor.
[Eff
9/30/69; am 8/4/72; am 3/11/82; am and comp
](Auth:
HRS §574-5) (Imp:
HRS §574-5)
SEP 281987