Michigan House Bill HB4788

Michigan 2023-2024 Regular Session

• Introduced: 6/15/23
• Refer: 6/15/23

Caption

Family law: marriage and divorce; certain references in provision for name change upon solemnization; make gender neutral. Amends title & sec. 1 of 1905 PA 299 (MCL 552.391). TIE BAR WITH: HJR F'23

Impact

The impact of HB4788 on state laws would be significant in promoting an inclusive legal framework for name changes post-divorce. By removing gender-specific language, the bill supports the rights of all individuals, allowing them to retain or change their surname as they see fit following the dissolution of their marriage. Additionally, this aligns with broader societal changes towards recognizing diverse family structures and the importance of self-identification, which is becoming increasingly relevant in legal contexts.

Summary

House Bill 4788 seeks to amend the existing law concerning name changes for divorced women in Michigan. Specifically, it proposes to make the provisions of the law gender-neutral, allowing individuals who are divorced, regardless of gender, to have the opportunity to restore their birth name or adopt a new name. This amendment to the 1905 PA 299 is seen as a modernization of the language to reflect contemporary views on gender and marriage, thereby ensuring that all individuals are treated equally under the law during the divorce process.

Contention

While the bill primarily aims to enhance inclusivity, some opposition may arise regarding concerns over the traditional aspects of name changes linked to marriage and divorce. Critics might argue that the proposed changes could complicate the existing legal framework or that it could create confusion regarding the documentation process during divorce proceedings. However, supporters assert that the benefits of updating the law to reflect modern values of gender identity and equality far outweigh any potential drawbacks.