The Name Equality Act of 2007 AB 102 (Chapter 567, Statutes of 2007)

What is the Name Equality Act? The Name Equality Act of 2007 (AB 102, Chapter 567, Statutes of 2007) gives specific rights to parties at the time they are applying for a California marriage license to choose and list on the marriage license the new name that each party will go by after marriage. The Name Equality Act also applies to State Registered Domestic Partners (SRDP). This presentation only addresses the changes as they relate to marriage licenses. For questions related to SRDP, contact the Secretary of State.

When does the new law take effect? This law applies to California marriage licenses issued on or after 01/01/2009. Marriage licenses issued prior to 01/01/2009 are not covered under the Name Equality Act.

What we should all know about the new law… The provisions related to marriage licenses are covered in Family Code Section 306.5. Effective 01/01/2009, without intent to defraud, one or both parties applying for a California marriage license may elect to change their middle or last name by which that party wishes to be known as following marriage by entering the new middle or last name on the marriage license application. Changing ones name through this process can only be done at the time the marriage license is issued by the County Clerk or Authorized Notary, as applicable.

What we should all know about the new law continued… Parties to a marriage are not required to have the same name. Neither party is required to change his or her name. A person’s name shall not change upon marriage unless that person elects to change his or her name pursuant to FC 306.5(b).

What we should all know about the new law continued… A person may adopt any of the following middle or last names: The current last name of the other spouse The last name of either spouse given at birth A name combining into a single last name all or a segment of the current last name or last name of either spouse given at birth A hyphenated combination of last names NOTE: Parties may NOT change their First names using this process.

What we should all know about the new law continued… Fields 29A – 32C, as applicable, on the marriage license cannot be amended to either add a new name or change the new name that is shown on the marriage license and/or certificate. If prior to marriage, the couple wants to change or add the new name shown on the marriage license, they can bring the old license into the County Clerk’s Office to have it voided, apply and pay for a new marriage license containing that information.

What we should all know about the new law continued… An election by a person to change his or her name pursuant to FC 306.5(b)(1) shall serve as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful [FC 306.5(b)(3)(a)].

What we should all know about the new law continued… A certified copy of a marriage certificate shall be accepted as identification establishing a true, full name for purposes of 12800.7 of the Vehicle Code. VC 12800.7. Upon application for an original or duplicate license the department may require the applicant to produce any identification that it determines is necessary in order to ensure that the name of the applicant stated in the application is his or her true, full name and that his or her residence address as set forth in the application is his or her true residence address.

What we should all know about the new law continued… Nothing in FC 306.5 shall be construed to prohibit the Department of Motor Vehicles from accepting as identification other documents establishing a true, full name for purposes of Vehicle Code Section 12800.7. NOTE: DMV has stated they will not allow a person to use a certified copy of their marriage certificate to change their name unless the new name is shown in fields 29A – 32C, as applicable, on the marriage certificate.

What we should all know about the new law continued… The requirements shall not abrogate the right of either party to adopt a different name through usage at a future date, or to petition the Superior Court for a change of name. Nothing in the section shall be construed to abrogate the common law right of any person to change his or her name, or the right of any person to petition the Superior Court for a change of name.

What we should all know about the new law continued… The marriage certificate is used by multiple local, state, federal and private agencies, all of which have different rules and/or regulations regarding what documents are acceptable to change a name on their records following marriage. It is recommended that parties contact those agencies to verify their requirements prior to applying for a marriage license.

What we should all know about the new law continued… It is unlawful for our employees to answer questions of a legal nature. County Clerk staff cannot advise applicants how to complete the marriage license application as it relates to the entry of a new name or retention of a former name on the marriage license application. For their protection, parties with questions regarding how the Name Equality Act of 2007 may affect them, should consult an attorney prior to applying for a marriage license.

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