Code of Civil Procedure § 1277.5

Current Version

Amended by Stats. 2025, Ch. 723, Sec. 1. (AB 1084) Effective January 1, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 2 of Stats. 2025, Ch. 723.

(a)(1) If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.

(2)If a petition is filed to change

the name of a minor to conform to gender identity that does not include the signatures of both living parents, the petition and the order to show cause made in accordance with paragraph (1) shall be served on the parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.

(b)The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.

(c)A hearing date shall not be set in the proceeding unless an objection is timely filed and

shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name or dismissing the petition or application as the court may deem right and proper.

(d)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

Future Version

Repealed (in Sec. 1) and added by Stats. 2025, Ch. 723, Sec. 2. (AB 1084) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.

(a)If a proceeding for a change of name to conform an adult petitioner’s name to their gender identity is commenced by the filing of a petition, the court shall, without hearing and within six weeks of the petition’s filing, enter an order that the change of name is granted, except as provided in Section 1279.5.

(b)(1) If a proceeding for a change of name to conform a minor petitioner’s name to their gender identity is commenced by the filing of a petition, and that petition includes the signatures of all of the minor’s living parents, the court shall, without hearing and within six weeks of the filing of the petition, enter an order that the change of name is granted, except as provided in Section 1279.5.

(2)(A) If a proceeding for change of name to conform a minor petitioner’s name to their gender identity is commenced by the filing of a petition, and that petition does not include the signatures of all of the minor’s living parents, the court shall make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed.

(B)The order shall direct all persons interested in the matter to make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted after the completion of the six weeks, except as provided in Section 1279.5.

(C)The petition and the order shall be served on any parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within four weeks from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.

(D)A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons

touching the petition or application, and may make an order changing the name or dismissing the petition or application as the court may deem right and proper.

(c)The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.

(d)This section shall become operative on July 1, 2026.