Relates to name change upon marriage

Summary of provisions

Section 2 amends paragraph (b) of subdivision 1 of section 15 of the domestic relations law. The 'Notice to Applicant', which appears on every application for a marriage license, would be amended to include language that informs those seeking a license that either or both spouses may elect to change their middle name to his or her current last name, any former last name he or she has had, or the last name of the other spouse.

Section 3 amends subdivision 1 of section 14-a of the domestic relations law to include the option of changing a middle name on the marriage license.

Section 4 amends section 65 of the civil rights law to provide that any person may elect to resume the use of a former middle name upon divorce or annulment, and that the state shall not impose a fee to change the middle name on a state identifying document due to a change in marital status.

Existing law

Currently, the aforementioned sections of law only allow for a person to change his or her last name using the marriage license

Justification

Today, many women and men arc opting to change their last name upon marriage but want to keep their former last name in some capacity. One popular way to accomplish this is to keep the former last name as a new or second middle name. Many states allow for such a change to occur with ease on the marriage license, but currently, New York does not.

The process of changing a middle name upon marriage to a former last name is complicated in New York. A newlywed cannot simply indicate on the marriage license that he or she wishes to change his or her middle name; he or she must provide evidence of his or her new and previous name to the NYS Department of Motor Vehicles (DMV) before any changes can be made to their state identification documents.

The DMV requires proof of name that equates to six points according to their point system. The six points can be met with a social security card and an United States passport. However, not every person has or can obtain a passport.

For many, this process has been proven to be costly, time consuming and inconsistent Some, even with the correct identification, have encountered problems getting their local DMV to change their middle name.

The final option is to have one's name changed legally through the courts. This way is even more expensive and equally problematic.

This legislation is named for a former New York State Senate Fellow, Jillian Diaz, who identified the need for our state to make this process simpler when she made the decision to retain her last name as her middle name and take her fiance's last name when they marry. Jillian quickly realized that keeping her maiden name as a new middle name would be complicated if at all possible.

The people of New York, and Jillian, need a simple and effective way to be able to adopt the married name they choose. New York has been a leader in the area of marriage, including legalizing same-sex marriage and being one of the few states to allow men to change their names based on change in marital status on the marriage license. We should embrace progress and lead in this instance as well. We can save newlywed New Yorkers time, money, and peace of mind by allowing them to change their middle name on their marriage license.

Legislative history

2012-2013 - New Bill

Fiscal implications

None.

Effective date

This act shall take effect immediately.