December 15, 2006

California's Stupid Marriage Name Change Law

Boy, this is just the week of dumb laws. Back when I got married (three years ago next week!) and Dr. M was going through the process of changing her name, I noticed that the marriage certificate was all the evidence she needed to get new ID cards, but that if I wanted to take her last name I needed to get a court order. I remarked that this was stupid, archaic, grossly discriminatory, almost certainly illegal, and quite surprising.

Apparently the ACLU agrees, and are suing to get the policy changed. It's an interesting story, particularly the part where Mr. Bijon goes to the DMV and the ladies poo-poo him. Props to Milbank for working some pro bono action in support of the downtrodden husbands.

Personally, I tried to talk Dr. M into coming up with an entirely new last name for both of us (my last name means "little arrogant person" in Gaelic, so I figured a change might be good), something cool like "McManus." But it never panned out. I'll just have to hope that we have twins so we can name them Tomax and Xamot.

Posted by hb at December 15, 2006 08:44 AM

Comments

NICE!

This is similar to a law in DC where any child born in the district must have the father's last name (if a father is listed on the birth certificate.) If you want the child to have a different last name, say, the MOTHER's last name - you have to take that up with the courts. There was some talk of changing it - I wonder if anything ever come of it.

Lesson learned: don't list a father on the birth cert! ;)

Posted by: maisnon on December 15, 2006 11:15 AM

Except why would a man ever change his last name to his wife's? Surely you jest. Very funny Sir.

Posted by: wt on December 21, 2006 10:55 AM

Doesn't California law (and federal law, too, actually) still allow you to change your name via common law (usage) name change? I was under the impression that California Civil Code 1279.5 pretty much stated that it's your right to change your name at will.

Posted by: Princess Kim on February 16, 2007 11:57 PM

I took my wife's last name when I got married in Arkansas. The marriage license(which is the SAME as the certificate in arkansas) was all the was needed as proof of name change(the license it's self doesn't even have a space for bride or groom to enter their new last names, it just list your old names as being married to each other) I didn't even have to change it on the social security card, just showed the DMV there my marriage certificate and out-of-state ID, they issued me a new ID with the new name right there on the spot.

Posted by: JM on August 5, 2007 01:20 AM

Do you know if California State Law allows the bride (and even the husband) to take on a completely different name, too? What if they both hate their names and want something different?

I would imagine that if you list what you want your new name to be on the certificate, that they shouldn't care. I'm curious because I hate my maiden name, and don't love my husband-to-be's name, but I've used a common name of my step-father's, and I'd like to change it to that.

Thanks! :)

Posted by: Mandy on October 1, 2007 09:30 AM

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