Bill Text: MI HB5766 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Family law; marriage and divorce; name change upon solemnization of marriage; make gender-neutral. Creates new act.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2012-07-18 - Printed Bill Filed 06/15/2012 [HB5766 Detail]
Download: Michigan-2011-HB5766-Introduced.html
HOUSE BILL No. 5766
June 14, 2012, Introduced by Reps. Cavanagh, Hovey-Wright, Brunner, Smiley, Irwin, Ananich, Talabi, Constan, Damrow, Segal, Stallworth, Lane, Bauer and Brown and referred to the Committee on Oversight, Reform, and Ethics.
A bill to allow 1 or both parties to a marriage to change his
or her name as part of the solemnization of the marriage; and to
prescribe the powers and duties of certain state departments and
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan name equality act".
Sec. 2. (1) 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 under this section.
(2) One party or both parties to a marriage may elect to
change the middle or last name, or both, by which that party wishes
to be known after solemnization of the marriage by entering the new
name in the spaces provided on the marriage license application
without intent to defraud.
Sec. 3. (1) A person may adopt any of the following last names
according to section 1:
(a) The current last name of the other spouse.
(b) The last name of either spouse given at birth.
(c) A name combining into a single last name all or a segment
of the current last name or the last name of either spouse given at
birth.
(d) A hyphenated combination of last names.
(2) A person may adopt any of the following middle names
according to section 1:
(a) The current last name of either spouse.
(b) The last name of either spouse given at birth.
(c) A hyphenated combination of the current middle name and
the current last name of the person or spouse.
(d) A hyphenated combination of the current middle name and
the last name given at birth of the person or spouse.
Sec. 4. An election by a person to change his or her name
under section 1 serves as a record of the name change. A certified
copy of a marriage certificate containing the new name, or
retaining the former name, constitutes proof that the use of the
new name or retention of the former name is lawful.
Sec. 5. (1) A certified copy of a marriage certificate shall
be accepted as identification establishing a true, full name for
purposes of section 307 of the Michigan vehicle code, 1949 PA 300,
MCL 257.307. Nothing in this act prohibits the secretary of state
from accepting as identification other documents establishing a
true, full name for purposes of section 307 of the Michigan vehicle
code, 1949 PA 300, MCL 257.307. Those documents may include, but
are not limited to, a certified copy of a marriage certificate
recording a marriage outside of this state.
(2) This act shall be applied in a manner consistent with the
requirements of section 307 of the Michigan vehicle code, 1949 PA
300, MCL 257.307.
Sec. 6. The adoption of a new name, or the choice not to adopt
a new name, by means of a marriage license application under
section 1 shall only be made at the time the marriage license is
issued. After a marriage certificate is registered by the local
registrar, the certificate may not be amended to add a new name or
change the name adopted under section 1. An amendment may be issued
to correct a clerical error in the new name fields on the marriage
license. In this instance, the amendment must be signed by 1 of the
parties to the marriage and the county clerk or his or her
designee, and the reason for the amendment must be stated as
correcting a clerical error. A clerical error as used in this
section is an error made by the county clerk, his or her designee,
or a notary authorized to issue confidential marriage licenses,
where the information shown in the new name field does not match
the information shown on the marriage license application. This
requirement does not abrogate the right of either party to adopt a
different name through usage at a future date or to petition the
court for a change of name under the laws of this state.
Sec. 7. Nothing in this act abrogates the common law right of
any person to change his or her name or the right of any person to
petition the court for a change of name under the laws of this
state.
Enacting section 1. This act takes effect January 1, 2013.
