What's happening
This bill allows individuals to change their middle name, as well as their surname, upon marriage or divorce in New York.
Why it matters
Expands personal identity options. By allowing individuals to change their middle name as well as their surname upon marriage or divorce, the bill gives people more flexibility to define their identity in a way that may better reflect blended families, honor personal or cultural traditions, or maintain connections to previous names.
Reduces administrative barriers. The bill makes the process of changing a middle name after marriage or divorce as simple as changing a surname, eliminating the need for a separate, often costly, court petition and streamlining paperwork for newly married or divorced individuals.
Ensures equal treatment and recognition. Including middle names in the name change process helps ensure that all aspects of a person’s legal name are consistently recognized across official documents, which can minimize confusion or complications with banks, employers, and government agencies.
Promotes privacy and dignity. By making middle name changes a routine part of marriage and divorce proceedings, the law can help individuals avoid unwanted questions or disclosures about their personal history, supporting their right to privacy and self-determination.
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Who cares
Headline styles
Expand Marriage Name Change Options
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
2 Co-sponsors
History
- Substituted by A1044
- Advanced to third reading
- 2nd report cal.
- 1st report cal.142
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Easier Name Changes After Marriage
Signed by Governor · Sponsor Aravella Simotas
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2505
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the domestic relations law and the civil rights law, in relation to name changes upon marriage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Jillian's Law".
§ 2. Paragraph (b) of subdivision 1 of section 15 of the domestic relations law, as added by chapter 583 of the laws of 1985, is amended to read as follows:
(b) Every application for a marriage license shall contain a statement to the following effect:
NOTICE TO APPLICANTS
(1) Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud.
(2) A person's last name (surname) does not automatically change upon marriage, and neither party to the marriage must change his or her last name. Parties to a marriage need not have the same last name.
(3) One or both parties to a marriage may elect to change the surname by which he or she wishes to be known after the solemnization of the marriage by entering the new name in the space below. Such entry shall consist of one of the following surnames:
(i) the surname of the other spouse; or
(ii) any former surname of either spouse; or
(iii) a name combining into a single surname all or a segment of the premarriage surname or any former surname of each spouse; or
(iv) a combination name separated by a hyphen, provided that each part of such combination surname is the premarriage surname, or any former surname, of each of the spouses.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01471-01-9
S. 2505 2
(4) One or both parties to a marriage may elect to change the middle name by which he or she wishes to be known after the solemnization of the marriage by entering the new name in the space below. Such entry shall consist of one of the following options:
(i) the current surname of the spouse electing to change his or her name; or
(ii) any former surname of the spouse electing to change his or her name; or
(iii) the surname of the other spouse.
(5) The use of this option will have the effect of providing a record of the change of name. The marriage certificate, containing the new name, if any, constitutes proof that the use of the new name, or the retention of the former name, is lawful.
[(5)] (6) Neither the use of, nor the failure to use, this option of selecting a new surname or middle name by means of this application abrogates the right of each person to adopt a different name through usage at some future date.
.....................................
(Optional -- Enter new surname above)
§ 3. Subdivision 1 of section 14-a of the domestic relations law, as amended by chapter 583 of the laws of 1985, is amended to read as follows:
1. Upon receipt of the return of the marriage license, properly endorsed and completed by the person who shall have solemnized a marriage as provided in this article, the town and city clerks of each and every town or city in the state shall, after abstracting, recording and indexing the statement of performance of solemnization, issue to the couple within fifteen days after such receipt or return of the completed marriage license a certificate of marriage, which certificate shall be substantially in the following form and contain the following facts:
Record No............of Year........
THIS IS TO CERTIFY
that ................................................................. ,
first name, premarriage middle and surname,
new middle and/or surname (if applicable) residing at .......................................................... , who was born on ........................., at ........................ ,
date and .................................................................. ,
first name, premarriage middle and
surname, new middle and/or
surname (if applicable) residing at .......................................................... , who was born ........................, at ............................ ,
date were married on.......................at ............................. ,
date as shown by the duly registered license and certificate of marriage of said persons on file in this office.
(SEAL) ......................................
Town or City Clerk
S. 2505 3
Dated at.................., N. Y. .................................
No other facts contained in the affidavits, statements, consents or licenses shall be certified by such town and city clerks, unless expressly requested in writing by the man or woman named in such affidavit, license, statement or record.
§ 4. Section 65 of the civil rights law, as added by chapter 583 of the laws of 1985 and subdivision 5 as added by chapter 417 of the laws of 1999, is amended to read as follows:
§ 65. Optional change of name upon marriage, divorce or annulment. 1. Any person may, upon marriage, elect to assume a new name according to the provisions of paragraph (b) of subdivision one of section fifteen of the domestic relations law.
2. Any person may, upon divorce or annulment, elect to resume the use of a former surname or middle name according to the provisions of section two hundred forty-a of the domestic relations law.
3. The effect of the name changes accomplished in the manner prescribed in subdivisions one and two of this section shall be as set forth in section sixty-four of this [chapter] article.
4. Nothing in this article shall be construed to abrogate or alter the common law right of every person, whether married or single, to retain his or her name or to assume a new one so long as the new name is used consistently and without intent to defraud.
5. Notwithstanding any inconsistent provision of law, the state shall not impose any fee, charge, surcharge or assessment solely to change the surname or middle name contained on a license, permit, registration or other identifying document for a person who, because of a change in marital status, has assumed a new name or reassumes use of a former surname as provided for in this section.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the domestic relations law and the civil rights law, in relation to name changes upon marriage
Purpose
To allow one or both parties to a marriage to elect to change their middle name on their marriage license.
Summary of provisions
Section 1 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 spous- es 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.
Read the full memo (667 words)
Section 2 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 3 amends section 65 of the civil rights law to provide that any person may elect to resume the use of a former middle name up on 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 are 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 o n 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 encount- ered 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 lead- er 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
2017-2018: A 4098 Passed Assembly 2015-2016: A2580 2012-2013: New Bill
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.