South Carolina Name & Gender Change Guidelines

BY IN South Carolina On 01-11-2014

SOUTH CAROLINA NAME CHANGE GUIDELINES

LGBT Rights - South Carolina MapThis document is intended for informational use only, and is in no way intended to constitute legal advice or the opinions of the Campaign for Southern Equality. Because the law is constantly changing, the Campaign for Southern Equality cannot guarantee that this information is accurate and up-to-date.  Procedures may vary by county.  If you have any questions, please consult a licensed attorney.

The following are the steps one must take to legally change their name in the state of South Carolina if it is not due to marriage or pursuant to a divorce.

What You Need:

  • A set of fingerprints
  • State background check
  • Statement from the South Carolina Department of Social Services
  • Sworn statement indicating that you do not owe child support or alimony
  • Statement from the South Carolina Law Enforcement Division (SLED) indicating that you are not on the sex offender registry.

Note: The way the process is set up in South Carolina, you will need to hire an attorney to assist you.

Total estimated cost: Approximately $200 plus attorney fees

Steps:

  • Background check conducted by the SC State Law Enforcement Division (SLED). Typically, you can have your fingerprints taken by your local law enforcement agency.  In some counties, however, you might find that the local law enforcement agency does not provide this service. If this is the case, you can have your finger prints taken by a private fingerprinting company.
    Fees – Fingerprints: $10 to $50; Background check: $25.
  • SC Department of Social Services statement indicating whether you are on the department’s Central Registry of Child Abuse and Neglect.
    Fee – $8.
  • Sworn statement written and signed by you stating whether you are under a court order to pay child support or alimony. There is no set form for this. Your attorney prepare a simple affidavit.
  • SLED statement indicating whether you are on the sex offender registry. Note: The form and fee for the SLED background check cover this.
  • File the Petition for Name Change.
    Fee – $150.
  • A hearing will be set and a Judge will determine whether to grant the name change.

Within 10 days of your name change, you must change your name on your South Carolina DMV records. To do so, you will need to visit a DMV office, complete Form 4057, and present proper documentation (your court order). All name changes must be done in person; they cannot be completed online or via mail. While the website does not indicate that a copy of your birth certificate is needed, it would be a good idea to take one along.


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