How to Change Your Last Name in Tennessee

In Tennessee, an adult can request a name change by petitioning the court or through a marriage proceeding. A parent or legal guardian of a child can change the minor’s last name by petitioning the court. A person does not need an attorney to change their last name or their child’s last name.

An adult can petition for a change of name by filing a name change petition in court. In Nashville, the form for the legal name change is available in the Office of the Clerk and Master or may be downloaded from the chancery clerk's website.

After the adult has filed the petition, their case will be randomly assigned to one of the Chancellors, officers of the court who hear such cases.

The court will notify the adult of the date that the petition is set for a hearing. The hearing date is typically within three to four weeks after the petition has been filed. The adult requesting a new name in Nashville should bring these documents to the hearing:

• Completed petition form for the adult name change.
• Copy of birth certificate.
• Photo identification, such as a driver’s license, passport or comparable photo ID.
• Social Security card.
• Proof of residency in Davidson County, such as a current lease, payroll stub, recent utility bill or similar document.
  
• Payment of $159.50 fee in cash or cashier’s check. Personal checks are not accepted. The fee covers two certified copies of the court order changing the name.

The Clerk and Master’s Office may not give a petitioner legal advice, other than the advice to seek the assistance of an attorney.

A person can change their name through marriage on the marriage certificate. The marriage certificate must contain the applicant’s full name and date of birth. The certificate is required to be the original or a certified copy that is registered after the marriage. It may not be solely the license authorizing the union.

A natural parent or "next friend" of a child can petition the court to change a minor’s last name. The term next friend means a person who appears in place of an individual who is not competent to do so, such as the child.

The first step to changing the minor's name is to file a petition for a name change of a minor with the probate court in the county where the child resides. The court clerk’s office, such as the Probate Court of the Thirtieth District at Memphis, may have a form for the name change.

The name change form must contain the child’s current full name and the name of the natural mother, father or next friend requesting the name change. The form asks the petitioner to provide:

• Minor’s place of birth.
• Minor’s birth date.
• Statement that the natural mother, father or next friend of the child resides in the relevant county.
• Petitioner's address.
• Name on the minor’s birth certificate.
• Reason for the name change.
• New name.

The fee for filing a petition for a name change in Shelby County is $166.50. The fee varies by county.

It is a separate action to request that the Tennessee Department of Health’s Office of Vital Records change a minor or adult’s last name on that person’s birth certificate. The fee to change a name on a birth certificate is $15.

The process for requesting that the department of health change a birth certificate involves providing their office with an original, certified copy of the court order that changed the name along with a check or money order. The requesting party must pay an additional fee of $15 for a copy of the corrected birth certificate.

If a child is less than one year old, the department requires a notarized affidavit (written statement confirmed by an oath or affirmation). The affidavit must be signed by all parents listed on the birth certificate.

It must also contain the child’s full name, date of birth, incorrect name as listed on the certificate and the name as it should be correctly listed. There is not a fee to amend a birth certificate that is less than one year old.

If the child is more than one year old, the department requires a notarized affidavit providing the child’s full name, date of birth, incorrect name as listed on the certificate and the name as it should be correctly listed. They also need documentary evidence that supports the change being requested.

Examples of acceptable documentary evidence include:

• a school record from the Board of Education in the county or district where the child attended school
• a parent’s birth certificate
• a Social Security card or a federal Census record ordered through the U.S. Government Archives website

The requesting party must pay the $15 required amendment fee and an additional $15 if they want a copy of the corrected certificate.

If the father’s name on the birth certificate is incorrect, an individual can request that the birth certificate be changed. A court order ruling that there has been a name change is needed if:

• The same information has been amended before.
• New birth certificate was created due to adoption, and request for amendment is not due to a keying error made when creating the new certificate.
• New certificate was created due to a court order of parentage. Amendment must involve the father’s information. The request must not have been made to correct a keying error made when creating the new certificate.
• Office of Vital Records has a birth certificate on file and the requested amendment involves the father’s information.

If none of the above circumstances apply, the requesting party should submit:

• Signed and notarized affidavit with full name, date of birth, data as it is shown on the birth certificate and data as it should be correctly listed.
• Copy of parent’s birth certificate that supports amendment request.
• Check or money order for the required amendment fee and an additional fee if the party wants a copy of the corrected certificate.

The Office of Vital Records charges a $15 fee to amend a birth certificate to remove the father’s name based on a rescission (taking back) of a voluntary acknowledgement of paternity.

There is a $20 fee for a voluntary acknowledgement of paternity document, which must be issued with a birth certificate. There is a $15 fee for a copy of a birth certificate.