Name change
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Name change is a basic legal act that is recognized in practically all legal systems to allow an individual the opportunity to adopt a name other than the name given at birth, marriage, or adoption.
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[edit] United States
State laws can regulate name changes in the United States; still, they cannot altogether forbid common law name changes. Several specific federal court rulings have set precedents regarding both court decreed name changes and common law name changes (changing your name "at will").
- One may be employed, do business, and enter into other contracts, and sue and be sued under any name they choose at will (Lindon v. First National Bank 10 F. 894, Coppage v. Kansas 236 US 1, In re McUlta 189 F. 250).
- Such a change carries the exact same legal weight as a court decreed name change as long as it is not done with fraudulent intent (In re McUlta 189 F. 250, Christianson v. King County 196 F. 791, United States v. McKay 2 F.2d 257).
- This at will right is guaranteed under the U.S. Constitution, specifically the Fourteenth Amendment (Jech v. Burch 466 F.Supp. 714).
The federal courts have overwhelmingly ruled that changing one's name at will, by common law, is clearly one's Constitutional right. Nonetheless, one may still choose to have a court issued name change.
Usually a person can adopt any name desired for any reason; most states allow one to legally change their name by usage only[1]. There are differences in specific requirements among U.S. states, and usually a court order is the most efficient way to change names (which would be applied for in a state court). It is necessary to plead that the name change is not for a fraudulent or other illegal purpose (such as evading a lien or debt, or for defaming someone).
The applicant may be required to give a somewhat reasonable explanation for wanting to change his/her name. A fee is generally payable, and the applicant may be required to post legal notices in newspapers to announce the name change. Generally the judge has judicial discretion to grant or deny a change of name, especially if the name change is for "frivolous" or "immoral" purposes, such as changing one's name to "God," "Penis," or "Copyright."
In 2004, a Missouri man did succeed in changing his name to "They." [2] The Minnesota Supreme Court ruled that a name change to "1069" could be denied, but that "Ten Sixty-Nine" was acceptable (Application of Dengler, 1979), and the North Dakota Supreme Court denied the same request several years before (Petition of Dengler, 1976). [3][4]
In nearly all states one cannot choose the name of a notable person with the intent to mislead, a name that is intentionally confusing, a racial slur, threats, obscenities, or a name that incites violence.
Under the federal immigration and nationality law, when aliens apply for naturalization, they have the option of asking for their names to be changed upon the grant of citizenship with no additional fees. This allows them the opportunity to adopt a more Americanized name. In the 2005 version of Form N-400--Application for Naturalization--Part 1 (D) asks whether the person applying for naturalization would like to legally change his or her name. During the naturalization interview, a petition for name change is prepared to be forwarded to a federal court. The applicant certifies that he or she is not seeking a change of name for any unlawful purpose such as the avoidance of debt or evasion of law enforcement. Such a name change becomes final once a federal court naturalizes an applicant.
In some states, individuals are often allowed to return to the use of any prior surname (e.g., maiden name upon divorce). Some states, such as New York, also allow married couples to adopt any new surname upon marriage, which may be a hyphenated form of the bride's and groom's names, a combination of parts of their family names, or any new family name they can agree upon adopting as the married name.
In order to maintain one's identity, it is desirable to obtain a formal order so there is continuity of personal records.
[edit] Informal methods of legal name change
[edit] Assumed name
The "open and notorious" use of a name is often sufficient to allow one to use an assumed name. In some jurisdictions, individuals may register the use of a trade name that is distinct from their legal name and is registered with the county clerk, secretary of state, or other similar government authority. Individuals who wish to publish materials and not have the publication associated with them, may publish under a pseudonym; such a right is protected under the First Amendment.
[edit] The usage method of name change
In California the usage method (changing it at will under common law) is sufficient to change one's name. Although it is federal law to allow this, it is not followed in all states. Regulations vary from state to state, but typically in states which allow this method, any person or agency with whom one does business must be notified of the new name, and the new name must be used exclusively, by the person changing their name, once the name is changed. This type of name change is sometimes considered as an interim solution, prior to having the name 'ratified' by court proceedings. Any fraudulent usage or intent, such as changing one's name to the same name as another person's name, may invalidate this type of name change.
Specifically in California, Civil Code § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Civil Code § 1279.5 (a) reads, “Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name.” Subdivisions b through e preclude one from changing their name by common law if they are in state prison, on probation, on parol, or been a convicted sex offender. So if a person is not in any of these categories, then a common law name change is allowed. Family Code § 2082 also specifically states, “Nothing in this code shall be construed to abrogate the common law right of any person to change one's name.”
[edit] United Kingdom
In the United Kingdom citizens and residents have the freedom to change their name with relative ease. Foreign nationals living in the UK are often surprised when they discover the simplicity of the process you need to go through to change your name in the as many other countries have complicated and lengthy procedures and some do not permit a change of name at all except for allowing a married woman to take the surname of her husband. For example, in Germany a person wishing to change their name must petition a court and only if the judge believes there to be a valid reason for doing so the change will be permitted.
In theory if you are at least 16 years of age and live in the United Kingdom you can call yourself what you want. However if it was as easy as calling or writing to everyone that holds your records asking them to amend them to show your new name it would create an administrative burden on government departments and companies with hundreds requesting amendments per week. Consequently, over the past hundred years or so, procedures have evolved from customs and precedents that have been adopted by all record holders, such as government departments, companies and organisations. These procedures, which require the production of “documentary evidence” of a change of name, will enable you to legally change your name and be able to get all of your documents and records changed to show your new name including your British passport, UK driving license, tax and national insurance records, bank and credit cards etc. Documents such as birth, marriage and educational certificates cannot be changed because these documents are “matter of fact” which means that they were correct at the time they were issued.
Documentary evidence of your change of name can be in a number of forms such as a Marriage Certificate, Statutory Declaration or Deed of Change of Name (Deed poll). Deed Polls are by far the most commonly used method of providing evidence of a change of name other than when changing a woman’s surname after marriage. A deed poll is a legal document which binds a single person to a particular course of action (in this case, changing your name for all purposes).
[edit] Civil Law
In general, unlike in Common Law countries, names cannot be changed at will in civil law jurisdictions. Usually, a name change requires government approval and is only rarely granted. The reason given for this system is usually the public interest in the unique identifiability of a person, e.g. in governmental registers, although with the advent of personal identification numbers, that rationale may be in need of reconsideration.
[edit] Quebec
Although as in other jurisdictions a citizen of Quebec may informally use whatever name he or she wants, procedures for formal name change are very strict as Quebec operates under a civil law system. The decision must be authorized by the Director of Civil Status, and requires a valid reason for changing the name, including long-term use of the new name (in the Montreuil case cited below, the Quebec appeals court has considered five years' use to be a sufficient reason), difficulty of use due to spelling or pronunciation, or bearing a name that another person has made infamous.
Only a judge may authorize a name change for a child for reasons of abandonment, deprivation of parental authority, or change in filiation such as adoption.
This has occasionally led to controversy. A lawyer named Micheline Montreuil, a non-operative male-to-female transgendered woman, had to undergo a lengthy process to have her name legally changed. Initially, the director of civil status refused to permit the change on the grounds that a male could not bear a female name. According to Quebec law, Ms Montreuil could not change her record of sex because this requires proof of a completed sex reassignment surgery, which she has not had. On November 1, 1999, the provincial court of appeal ruled that nothing in the law prevented a person who was legally male from legally adopting a woman's name. (Ms. Montreuil was initially prevented from changing her name despite this ruling on the grounds that she had not established general use, as normally required for a name change; the Quebec appeals court finally authorized the change on November 7, 2002.) [5]
The Director of Civil Status will amend a Quebec birth certificate if a name change certificate is issued by another province. Some people have used that loophole by moving to another province temporarily in order to get the legal documents.
[edit] Switzerland
In Switzerland, a name change requires the approval of the respective Cantonal government, if there are important reasons (wichtige Gründe / justes motifs) for the change, according to article 30 of the Swiss civil code. According to the case law of the Swiss Federal Supreme Court, such requests must be granted only if the petitioner shows that he suffers substantially from his present name, e.g. if it is the same as that of a notorious criminal.
[edit] China
In Republic of China, a name change is subject to very strict conditions under the Name Act (姓名條例) and the Enforcement Regulations of the Name Act (姓名條例施行細則). A common reason to change one's given name is when one's name is the same as a wanted criminal. ex: 陳進興, a common name but also the name of a convicted murderer who was executed in Taiwan
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[edit] Name change on religious conversion
Adherents of various religions change their name upon conversion or confirmation. The name adopted may not have any legal status but will represent their adopted religious beliefs.
- It has been historical Christian practice to adopt a name on baptism and/or confirmation. [6] Persons entering a religious order customary choose a name in religion.
- Jewish people customarily give their children two names: a secular name for everyday use and a Hebrew name for religious purposes. Converts to Judaism choose a Hebrew name.[7]
- Converts to Islamic faith may choose a new name. Boxer Cassius Clay's adoption of the name Muhammad Ali is a well-known example, as is Malcolm Little's adoption of the name Malcolm X and later Al-Hajj Malik El-Shabazz. [8]
- Those who embrace the Hindu faith may choose a name. [9]
- Individuals who attend a ceremony to officially become Buddhists are usually given a new "Dharma name", which marks their 'taking refuge'.
- Those in the Sikh faith adopt a new last name upon baptism into the Khalsa. Men adopt the last name Singh, while women adopt the last name Kaur.
[edit] See also
- Nickname
- Pseudonym
- Religious conversion
- List of celebrities who have changed their name
- List of unusual personal names
- Legal aspects of transsexualism for information about name change for transgender and transsexual people
