Michigan House Bill HB5389

Michigan 2023-2024 Regular Session

• Introduced: 11/14/23
• Refer: 11/14/23

Caption

Courts: other; filing fee for name change; modify under certain circumstances. Creates new act.

Impact

The act introduces a more flexible approach to name changes within marriage, affirming the principle that each party has the autonomy to maintain their identity. Under this new framework, individuals can choose to adopt their spouse's surname, their birth surname, or create a new name entirely. This legislation alters the understanding of marital name change and substantiates individual rights concerning identity management. It is expected to simplify the name change process associated with marriage and provide legal recognition for selected names as legitimate identities.

Summary

House Bill 5389, known as the Michigan Name Equality Act, is designed to provide clear guidelines on how individuals may change their names during the solemnization of marriage. The bill allows one or both parties in a marriage to select new surnames or middle names according to specified options that reflect either spouse's name or a combination thereof. No party is mandated to change their name, thus ensuring personal choice is at the forefront of this legislation. It emphasizes that a name does not automatically change at marriage unless an individual explicitly opts to do so on the marriage license application.

Contention

While the bill is positioned as a positive step towards affirming identity rights, there may be concerns regarding its application. Critics could argue that the concluding effect of this legislation could create complexity in legal documents or cultural expectations surrounding marriage names. Furthermore, potential administrative challenges may arise in implementing consistent practices to accommodate name changes, especially within state records. Despite its overall progressive stance, the balance between tradition and modern identity recognition continues to be a point of discussion.

Implementation

The act mandates that any name change must be documented at the time the marriage license is issued, ensuring clarity and reducing the potential for post-marriage name disputes. However, amendments to the marriage certificate regarding names cannot be made after registration, except for clerical corrections. This stipulation aims to safeguard the integrity of official records while enabling individuals to assert their name preferences at a significant life event.