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Encyclopedia > Name change

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. Wikipedia does not have an article with this exact name. ... Legal name is the name with which an individual is registered at birth or which appears on their birth certificate. ... This article is about law in society. ... A name is a label for a human, thing, place, product (as in a brand name) and even an idea or concept, normally used to distinguish one from another. ... Childbirth (also called labour, birth, partus or parturition) is the culmination of a human pregnancy with the emergence of a newborn infant/s from the mothers uterus. ... This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ... For other uses, see Adoption (disambiguation). ...

Contents

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"). State law, in the United States, is the law of each separate U.S. state, as passed by the state legislature and signed into law by the state governor. ...

  • 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).

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. Lindon v. ... In re McUlta, 189 F. 250 (1911), is one of several precedent-setting federal court rulings that clearly defined and established common law name changes as a legal right. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... This article or section seems to contain too many quotations for an encyclopedia entry. ...


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). Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties/Parishes/Boroughs, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ... In the U.S., a state court has jurisdiction over disputes which occur in a state. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... In the broadest sense, a fraud is a deception made for personal gain. ... In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation. ... For other uses, see Debt (disambiguation). ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ...


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." This article or section does not adequately cite its references or sources. ... In many actions at law or cases in equity the judge is not required by statute or precedent to make a predetermined decision; but is able to make a decision within a range of decisions. ... Media:Example. ... This article discusses the term God in the context of monotheism and henotheism. ... The penis (plural penises, penes) is an external male sexual organ. ... Copyright symbol Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. ...


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] Official language(s) English Capital Jefferson City Largest city Kansas City Largest metro area St Louis Metro[1] Area  Ranked 21st  - Total 69,709 sq mi (180,693 km²)  - Width 240 miles (385 km)  - Length 300 miles (480 km)  - % water 1. ... The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. ... The North Dakota Supreme Court is the highest court of law in the state of North Dakota. ...


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. Terms of disparagement are pejorative terms such as yid, kike, nigger, whore, slut, fag and queer whose use usually arouses painful feelings in the target, members of the targeted group or sympathizers. ... A threat is a declaration of intention to inflict punishment or harm on another. ... Obscenity has several connotations. ...


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 law, naturalization refers to an act whereby a person acquires a citizenship different from that persons citizenship at birth. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... For the band, see The Police. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ...


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. E.G. is an Australian only release EP from New Zealand four piece Goodshirt. ... To meet Wikipedias quality standards and appeal to a wider international audience, this article may require cleanup. ... For the record label, see Divorce Records. ... NY redirects here. ... This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ... In English speaking countries, a double-barrelled name is a family name with two parts, often joined by a hyphen, for example Appleby-Smythe. ...


In order to maintain one's identity, it is desirable to obtain a formal order so there is continuity of personal records. Identity is an umbrella term used throughout the social sciences for an individuals comprehension of him or herself as a discrete, separate entity. ...


Informal methods of legal name change

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. A pseudonym (Greek: false name) is a fictitious name used by an individual as an alternative to his or her legal name. ... Secretary of State is an official in the state governments of 47 of the 50 states of the United States. ... A pseudonym (Greek pseudo + -onym: false name) is an artificial, fictitious name, also known as an alias, used by an individual as an alternative to a persons true name. ... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ...


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. Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...


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.”


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.[citation needed] 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. Image File history File links Acap. ...


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 were as easy as calling or writing to everyone holding your records asking them to amend them to show your new name, the hundreds of weekly requests would create an administrative burden on government departments and companies.[citation needed] Consequently, over the past hundred years or so, procedures have evolved from customs and precedents 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. For other types of travel document, see Travel document. ... Driving licences within the European Union are subdivided in different categories. ... UK Income Tax and National Insurance (2005–2006) UK Income Tax and National Insurance as a % of Salary (2005–2006) National Insurance is a system of taxes, and related social security benefits, that has operated in the United Kingdom since its introduction in 1911, and wider extension by the government... Mary Elizabeth Winblad (1895-1987) birth certificate In most countries, a birth certificate is a vital record usually containing most of the following information: Name at birth Date Time of birth Sex Place of birth Birth registration number (NHS number in UK) Legal parent(s) (in some countries including parents... In some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. ...


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). A Deed of Change of Name is a legal document which enables a single person or a family to officially change his, her or their name and is bound to that contract. ... A deed poll is a legal document binding only to a single person or several person acted jointly to express an active intention. ...


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. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or continental law is the predominant system of law in the world. ... PINs are most often used for ATMs but are increasingly used at the Point of sale, especially for debit cards. ...


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. Civil law or continental law is the predominant system of law in the world. ...


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. Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... For other uses, see Adoption (disambiguation). ...


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] Transgender (IPA: , from trans (Latin) and gender (English) ) is a general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from the normative gender role (woman or man) commonly, but not always, assigned at birth, as well as the role traditionally held by society. ... This article does not cite its references or sources. ... November 1 is the 305th day of the year (306th in leap years) in the Gregorian calendar, with 60 days remaining. ... Year 1999 (MCMXCIX) was a common year starting on Friday (link will display full 1999 Gregorian calendar). ... November 7 is the 311th day of the year (312th in leap years) in the Gregorian Calendar, with 54 days remaining. ... For album titles with the same name, see 2002 (album). ...


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.


Some argue that as Quebec is part of Canada, it would be a simpler affair for Ms Montreuil to move to one of the Anglophone (and thus common-law) provinces, have her name changed there (where it is a simple process as in the United States, the United Kingdom, and other common-law jurisdictions), and then move back to Quebec, where the courts would be forced to recognize the change as valid, having been legally conducted by a Canadian court.


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. The twenty-six cantons of Switzerland are the states of the federal state of Switzerland. ... The Zivilgesetzbuch (ZGB) is the Swiss civil code. ... The Federal Supreme Court of Switzerland (Tribunal fédéral in French, Schweizerisches Bundesgericht in German, Tribunale federale in Italian) is the supreme court of Switzerland. ...


Belgium

In Belgian law, a name is in principle considered fixed for life, but under exceptional circumstances, a person may apply to the Ministry of Justice for a name change. This requires a Royal Decree (Arrete Royal, Koninklijk Besluit) for last names, but 'only' a Ministerial Decree for first names. The new name must not cause confusion or cause damage to the bearer or others. Examples of requests that are usually considered favorably:

  • A person of non-European origin who wants to adopt a less exotic name to further his/her integration in Belgian society.
  • A person stuck with a ridiculous last name that is causing him/her great embarrassment or emotional distress. Actual examples: Salami, Naaktgeboren ("born naked"), Clooten ("sods of earth" in Middle Dutch, but "testicles" in modern Dutch), ...
  • (for minor children) following legal adoption or recognition of paternity

More information (in Dutch) can be found here.[6]


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 Motto Three Principles of the People (三民主義 San-min Chu-i) Anthem National Anthem of the Republic of China Capital Taipei (formerly and de jure Nanking) Largest city Taipei Official languages Mandarin (GuóyÇ”) Government Semi-presidential system  -  President Chen Shui-bian  -  Vice President Annette Lu  -  Premier Chang Chun-hsiung Establishment...


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. [7] Persons entering a religious order customary choose a name in religion.
  • Jewish people in the Diaspora 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.[8] Full Jewish names includes a patronym: converts take the patronym "ben/bat Avraham Avinu" (son/daughter of Our Father Abraham), as converts are held to be spiritual descendants of Abraham, the first Jew.
  • 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; on the other hand, a convert may choose to keep his or her name, as did Gary Legenhausen (though he did adopt a Muslim middle name) and Dave Chapelle. [9]
  • Those who embrace the Hindu faith may choose a name. [10]
  • 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.

Baptism in early Christian art. ... Confirmation is a rite used in many Christian Churches. ... A religious order may mean any of the following: // In Buddhist societies such as Sri Lanka, Thailand, Korea and Tibet, a religious order is one of the strikingly large number of monastic orders of monks and nuns. ... A pseudonym (Greek pseudo + -onym: false name) is an artificial, fictitious name, also known as an alias, used by an individual as an alternative to a persons true name. ... This article does not cite any references or sources. ... A patronymic is a personal name based on the name of ones father. ... The angel prevents the sacrifice of Isaac (Rembrandt, 1634) Abraham (Hebrew: , Standard Avraham Ashkenazi Avrohom or Avruhom Tiberian  ; Arabic: ,  ; Geez: , ) is a figure in the Bible and Quran who is by believers regarded as the founding patriarch of the Israelites and of the Nabataean people in Jewish, Christian and... “Cassius Clay” redirects here. ... Malcolm X, born Malcolm Little, also known as Detroit Red and Al-Hajj Malik El-Shabazz (Omaha, Nebraska, May 19, 1925 – February 21, 1965 in New York City) was a Muslim Minister and National Spokesman for the Nation of Islam. ... Gary Carl (Muhammad) Legenhausen (Born 1953 New York) is an American philosopher who teaches at the Imam Khomeini Education and Research Institute, which is directed by Mohammad Taghi Mesbah Yazdi. ... Dave Chappelle Dave Chappelle (born August 23, 1972) is an African American comedian, actor, and social commentator. ... A Dharma name is a new name acquired during a Buddhist refuge ceremony. ... Religions Sikhism Scriptures Guru Granth Sahib Languages English, Punjabi and Hindi A Sikh( or ; Punjabi: , , IPA: ) is an adherent to Sikhism. ... Khalsa which means Pure is the name given by Guru Gobind Singh to all Sikhs who have been baptised or initiated by taking Amrit in a ceremony called Amrit Sanchar. ... Singh is an ancient Indian name meaning Lion, dating back over 2000 years to ancient India. ... Kaur, (meaning:princess) in Punjabi, is widely used as a name by female Sikhs. ...

See also


  Results from FactBites:
 
Name change - Wikipedia, the free encyclopedia (1596 words)
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 by birth, marriage, or adoption.
If someone wishes to obtain a formal order changing their name (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.
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.) [1]
  More results at FactBites »


 

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