§ 7638 Minor Child Name Change

Family Code·California

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Key Takeaways

•This law is about how to change a child's name if the parent-child relationship is already proven.
•You can ask to change the name when you file the first paperwork (petition) for the case.
•The process follows the usual name-change rules, except for a few small differences.

Example

A mom wants to change her child's last name to match hers after proving she's the legal parent.

She can ask for the name change in the same paperwork where she proves she's the parent. The court will follow the normal name-change steps but with a few small rule tweaks.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 7638 Minor Child Name Change

The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to Section 7636, upon application in accordance with Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure shall conform to those provisions, except that the application for the change of name may be included with the petition filed under this part and except as provided in Sections 1277 and 1278 of the Code of Civil Procedure. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

parent and child relationship change of name Title 8 Code of Civil Procedure

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 7638.

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Key Takeaways

Example

Key Terms

Related Statutes

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