Navigating Maryland’s Name-Change Publication Requirement

Changing one’s legal name is often a deeply personal decision. Current Maryland law requires one wishing to change his/her/their name to publish it in a local print newspaper and the internet for online circulation.  This could be particularly troubling for individuals in the transgender community who do not wish to be associated with their former legal identity.  In addition, the costs of publication vary greatly among counties, making a change of name potentially more burdensome for lower income individuals in those higher-priced regions.

The LDDC has therefore produced a new resource to assist individuals seeking to officially change their legal name in Maryland. Specifically, this resource is a list of each county’s publication costs and length-of-run requirements.  Since the Circuit Court where the name change petition is filed allows for publication in “any newspaper of general circulation,”  this list is not exhaustive; it merely indicates the most typical newspaper in each county.

Discovering the information in the resource required our clinic to work the phones. We first called the clerk of the circuit court in each county to inquire into filing costs and acceptable avenues for publication. Then, we called the main publications in all of Maryland’s counties to find out costs print duration, and if any, online presence. While every county charges $165 to file for a name-change petition, publication costs vary across the state from less than $50 to more than $100.

Moreover, our inquiry revealed practices with potentially negative implications for the transgender community. All of the newspapers we contacted but one—Hancock News in Washington County, Maryland— publish name change notices in their online newspaper where the notice potentially remains accessible in perpetuity. Some publications leave notices on the main page. Many other publications move name change notices into the “Archive” where a reader would need a subscription to view it. However, either way, if the reader knows the previous name of the person, the notice is discoverable by anyone.

The rule requiring publication is old and has not aged well. There is a decided lack of specificity as to whether the publication can be put online or must be in print. Today in 2020, the use of print newspaper continues to decline and more people tend to use online mediums to access their news. The “Archive” practice is thus especially troublesome as it makes private decisions public indefinitely.

While the mother who changes the name of her child may not think twice about the potential indefinite publication notice, individuals from marginalized groups already fear for their safety on a daily basis. In this context, we must carefully consider how the current publication practices exacerbate the problem of “deadnaming.”

While the LDDC hopes its new resource will be helpful for those navigating the name change process, we also hope that legislators will consider this important issue during the next session. In our last session, shortened because of coronavirus, a bill that potentially addressed the issue never made it out of committee. We hope that might change next session.