Name Changes

74  |  A Legal guide for Lesbian and Gay Couples
Name Changes
Lots of lesbians and gay men change their names. Sometimes a woman
who changed her name in a heterosexual marriage wants to return to her
premarital name. Sometimes partners hyphenate their names or choose
a name that’s the combination of the two. (Audrey Berman and Sheila
Gander become Audrey and Sheila Bergan.) And then there are couples
where one partner simply takes the other’s last name.
Changing your name is perfectly legal and usually quite simple. You
cannot change your name to defraud creditors, for any illegal purpose, or
to benefit economically by the use of another person’s name—that is, you
probably can’t become Rachel Maddow or Oscar Wilde. You also cannot
change your name to a racial epithet or another offensive word. Aside
from these limitations, you can change your name for any reason and
assume any new name you wish.
In some of the states where marriage or domestic partnership is
available, one partner can change to the other partner’s last name at the
time of marriage or registration, without the necessity of a court order.
You can’t change both of your names to something new this way, though.
And some people have had a hard time getting their name changes
processed this way. If you are hoping to change your name after your
marriage or registration, check with a local LGBT organization or an
attorney in your area to find out whether this option is available and how
high the hassle factor is.
If you can’t change your name automatically, you’ll need to get an
order from a court. Getting a court order for a name change is usually
pretty simple: You fill out a short petition and file it at the courthouse,
publish legal notice of your intention to change your name in a local legal
newspaper (which no one reads), and attend a routine court hearing.
Unfortunately, some LGBT individuals have had problems with name
changes. For example, a Pennsylvania judge denied a woman’s request
to change her last name to that of her life partner, on the basis that the
name change was against public policy because it created the appearance
of a marriage when the parties were not in fact married. The woman
appealed, and the court of appeals allowed the name change.
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Also, a New Jersey appeals court upheld the statutory right of a lesbian
to change her last name to that of her lover. In that case, the court
reversed the lower court judge, who had refused to approve the name
change based on the theory that granting the name change would show
approval for same-sex marriage. The appellate court declared that a judge
had no authority to deny a name change based on his “personal view of
what is or should be the public policy of this state.” California now allows
registered domestic partners to take a partner’s name after registration
without having to go through a court petition process, and you should be
able to get a passport with your new name as well.
Changing Your Name Without Going to Court
In days past, you could change your name by the so-called “usage” method.
You could just use your new name in all circumstances, and write to official
agencies advising them of the change. Eventually, your new name became
your legal name. Technically, the usage method is still available in many
states. But governmental regulations, created to combat modern types of
fraud such as identity theft, are quickly making it more difficult to have
a new name accepted without a court order. You can’t just walk into a
government office, tell the clerk you’ve changed your name, and have your
name changed in the records. This is especially true since the terrorist
attacks of September 11, 2001. If your state doesn’t allow name changes
automatically after marriage, the best way to change your name is to go to
court and get a court order that serves as proof of your new name.
Transgender persons have also had problems with name changes
in some states, and also with changing their gender designation on a
birth certificate—a prerequisite for marrying an opposite-sex partner
in all states. Forty-seven states now have laws or regulations that allow
modification of birth records to reflect a gender change. Only Idaho,
Ohio, and Tennessee have statutes or rules that allow them to refuse to
change gender designation on a birth certificate. These laws might also
76  |  A Legal guide for Lesbian and Gay Couples
support a court’s refusal of a name change, but most state laws on name
changes are extremely liberal. An exception to this recently occurred
in New York, where a Manhattan judge refused to grant name changes
for transgender petitioners because they had not documented their sexreassignment surgery. Following a request for reconsideration, the judge
backed down, but insisted that the name change orders state that they did
not affect the petitioners’ legal gender designation.
Resource
Name and gender changes sometimes require a lawyer’s help. If
you are having trouble with a name change because you are transgender, or if
you are having problems getting the gender designation on your birth certificate
changed, contact the Transgender Law Center at www.transgenderlawcenter.org
for information and lawyer referrals.
Tip
If you live in a state where you must give a reason for the change
and you’d rather not tell the judge that you’re changing your name to your
partner’s, you don’t have to. You can state that your new name will make it more
convenient for business or simply state that you like the new name better.
Once you obtain the court order changing your name, you must still
change your records, identity cards, and documents. All you need to do
is show the various bureaucrats the judge’s order. Important entities that
you should contact to change your records include the Social Security
Administration, the Department of Motor Vehicles, the Internal Revenue
Service and state tax authorities, the U.S. Department of State (to change
your passport), employers, credit card issuers, insurance companies,
health care providers, banks, issuers of stocks and bonds, utility
companies, and the post office. It’s particularly important to change your
automobile and boat registration, real estate deeds, and estate planning
documents, such as wills or trusts (including if you are a beneficiary of
someone else’s will or trust).