Name Change

Name change is the process of legally changing a name given at the time of birth, adoption, or marriage. In the United States, legal name changes are regulated at the state level, with the procedures varying between states. In some states, using a new name without formal paperwork is sufficient for a common-law name change but may not apply to official documents and identification unless accompanied by a state-sanctioned court order. Individuals applying for legal name change in their state of residence are also responsible for following procedures to have their names changed with federal government agencies, including the Social Security Administration, Federal Communications Commission (FCC), and Selective Service System.

In cases of marriage and gender reassignment, some states have adopted streamlined procedures to facilitate name changes. Similarly, during the naturalization process, individuals becoming citizens of the United States are offered a streamlined process for adopting a new name. Courts in the United States have the right to deny name changes that are considered fraudulent, infringe upon the rights of others, or serve an unmoral purpose. Courts have also denied name change requests seen as frivolous, and some courts ask the applicant to explain their reason for changing their name before a petition is approved or denied.

Common Law Name Change

Official surnames did not become hereditary in England until after the Norman Conquest in 1066. English tradition remained flexible, allowing individuals to effectively change their names simply by using a new name in official interactions and transactions. This tradition remains intact, with many US states accepting common usage as a valid way to adopt a new name, though this common law name change does not affect official government or state records.

The ability to adopt alternate names through common use is an important part of the creative industry, with artists and authors regularly using pen names for their work. Common use conventions protect the intellectual property of artists or authors by protecting their work under their pen name as a valid alternate name. In other cases, individuals may take on alternate names for the purposes of business, and these names may be legally recognized depending on the purpose of the name and how an individual uses it.

Obtaining official types of identification, such as a valid US passport and state issued driver’s license, require an individual to provide public documents displaying their name as recorded by state or federal authorities. To change one’s name on an official form of identification, many states and federal agencies require official documents, such as a marriage certificate, an adoption document, or an official court order requesting a name change. In the United States, adults and minors can change their name by filing forms with their local probate or family or superior court. This is not necessary for name changes due to a marriage or a divorce because the paperwork required for either allows a name change. In many states, people cannot change their name to avoid debt or because of fraud. Some states publish name changes in digital and print newspapers.

Statutory Name Change

In most states, statutory name change is limited to adult citizens or to minors with the permission of a guardian. State laws regarding statutory name changes vary broadly, and there are no essential federally mandated regulations governing the process. Regulations on name changes are intended to prevent fraud and make it difficult for a person with criminal convictions or criminal involvement to hide from law enforcement agencies. In all US states, the courts or relevant authority have the right to deny a name change in cases where the change is seen as furthering fraud or illegal purposes.

Petitioners are required to give public notice of their intended name change by publishing their intent in a document of public record. This is intended to allow neighbors or others in the community to raise any issues of fraud or misrepresentation that might result from the intended name change. In many states, the courts provide an opportunity for members of the public to appear and voice objections to an individual’s intention to change his or her name. Some states further require that individuals who want to make a name change must submit to fingerprint identification or other identification processes before the petition is accepted or rejected.

In general, because there are a lack of broad regulatory rules on the federal level, states have the right to determine their own statutes regarding legal name changes. In most states, the burden is placed on the court to demonstrate a legitimate, substantial reason for denying a name change petition. In some states, courts have denied name changes on the basis that the intended name is offensive or indecent. There have been numerous documented cases in which state courts have denied petitions from individuals wishing to change their names to terms considered vulgar, improper, or potentially offensive. In other cases, the courts have denied petitions on the basis of being ridiculous or frivolous. For instance, according to Eugene Volokh for Slate, in the case of Michael Herbert Dengler, the North Dakota Supreme Court (1976) and the Minnesota Supreme Court (1979) both ruled independently that Dengler could not adopt the number 1069 as a legal name on the basis that names cannot be numbers. The courts later determined that One Zero Six Nine spelled out could be used as a name. In a number of cases, courts have determined that individuals may not adopt names that are offensive enough to undermine public safety, unpronounceable, or that cannot be recorded in official documents. In justifying these decisions, state courts have determined that individuals must have names that can be used by state authorities to record, monitor, and protect public security.

Name Change Process

While the name change process differs among states, in most states the most effective way to legally change a person’s name is to file an official court order or petition with the state court. In many states, courts have simplified processes for changing a person’s name due to marriage, adoption, naturalization, or gender reassignment. There is generally a state filing fee for a name change petition that varies depending on the state. In some cases, people changing their name due to marriage or naturalization are allowed to do so without paying the fees normally associated with voluntary name changes.

Individuals wishing to begin the name change process should first contact their state court and then determine which laws are relevant to their specific purpose. Individuals changing their names might be required to appear in court before the proposed name will be accepted or denied.

Federal guidelines require those changing their names by court order, or due to marriage, divorce, or any other reason, to update their records in the Social Security system with the federal government. This process requires submitting forms through the Social Security office and providing proof of marriage, adoption, or naturalization. Similarly, individuals are responsible for changing their official records with other government agencies, such as the Internal Revenue Service and the US Postal Service. Obtaining a court order and Social Security card for an adopted name is usually sufficient to obtain state-issued identification, such as a driver’s license, displaying the adopted name. This process differs by state, and individuals should visit local identification authorities to obtain instructions on conducting an official name change.

In addition to changing one’s name with official government authorities, name changes should also be reported to banking institutions and other companies with which an individual has accounts and services. In most cases, changing one’s name with a private company requires only that the individual fill out appropriate paperwork, though banking institutions often have more significant requirements to officially change names on accounts and may ask to see verification in the form of official state-issued identification.

Bibliography

Armstrong, Tony. "When You Change Your Name, Tell These Organizations." US News & World Report. US News & World Report, 13 Apr. 2015. Web. 13 Apr. 2015.

DiPrete, Julia. "How to Legally Change Your Name (2024 Guide)." Forbes, 12 July 2023, www.forbes.com/advisor/legal/how-legally-change-name/. Accessed 27 Oct. 2024.

Gates, Susa Young, ed. Surname Book and Racial History: A Compilation and Arrangement of Genealogical and Historical Data for Use by the Students and Members of the Relief Society of the Church of Jesus Christ of Latter-day Saints. Salt Lake City: The Society, 1918. U of Wisconsin-Madison. Web. 30 Apr. 2015.

"Petition of Michael Herbert Dengler to Change His Name to 1069." North Dakota Courts. North Dakota Supreme Court Opinions, 5 Nov. 1976. Web. 13 Apr. 2015.

Schultz, Jennifer Saranow. "The Right Way to Change Your Name." New York Times. New York Times, 13 Nov. 2009. Web. 11 Apr. 2015.

United States. Internal Revenue Service. "Report Name Change Before You File Taxes." IRS. IRS, 6 Feb. 2014. Web. 15 Apr. 2015.

United States. Soc. Security Admin. "How Do I Change or Correct My Name on My Social Security Number Card?" Social Security. SSA, 13 Jan. 2015. Web. 11 Apr. 2015.

Volokh, Eugene. "Talula Does the Hula From Hawaii." Slate. Slate Group, 30 July 2008. Web. 13 Apr. 2015.