Married and Maiden Names - Legal Status of Name Changes at Marriage

Legal Status of Name Changes At Marriage

Laws respecting married names vary. In areas whose legal systems derive from the English common law—such as most parts of the USA, Canada, and the UK—a name change usually does not require much legal action, because a person can choose to be known by any name (except with intent to defraud). Married persons who take their spouse's name must get a new driver's license and National Insurance or Social Security card, etc., and inform the company they work for, etc. However, the legal process for a name change due to marriage is, in many jurisdictions, still simpler and faster than for other kinds of name change. In many jurisdictions whose legal systems derive from the civil law—such as France, Spain, Belgium, the Canadian province of Quebec, and the U.S. state of Louisiana—however, the default position is for a woman's "legal name" to remain the same throughout life: Citizens there who wish to change their names legally must usually apply to do so via a formal procedure.

In 2007, Michael Buday and Diana Bijon enlisted the American Civil Liberties Union and filed a discrimination lawsuit against the state of California. According to ACLU, the obstacles facing a husband who wishes to adopt his wife's last name violate the equal protection clause provided by the 14th Amendment of the Constitution. At the time of the lawsuit, only the states of Georgia, Hawaii, Iowa, Massachusetts, New York and North Dakota explicitly allow a man to change his name through marriage with the same ease as a woman. As a result of the lawsuit, a California state lawmaker introduced a bill to put a space on the marriage license for either spouse to change names.