Editing Name change (section)

==United States==
In the United States, [[State law (United States)|state law]]s regulate name changes. Several federal court rulings have set precedents regarding both court decreed name changes and [[common law]] name changes (changing the name at will), including ''[[Lindon v. First National Bank]]''. In ''Christianson v. King County'', 239 U.S. 356 (1915), the Supreme Court accepted a name changed using the common law method as a legal name (more detail of the decision accepted by the Supreme Court is found at 196 F. 791 (1912)).

[[File:Change_of_Name_Decree.jpg|thumb|left|A Change of Name Decree issued by California.]]
Usually a person can adopt any name desired for any reason. {{As of|2009}}, 46 states allow a person legally to change names by usage alone, with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change.<ref>{{cite journal |url=https://uclalawreview.org/pdf/57-1-7.pdf |title=The Right to Control One's Name |first=Julia Shear |last=Kushner |journal=[[UCLA Law Review]] |issue=313 |year=2009 |pages=324–329}} The states which require a statutory name-change procedure are Hawaii, Louisiana, Maine, and Oklahoma.</ref> Although the states ([[Law of Louisiana|except Louisiana]]) follow common law, there are differences in acceptable requirements; usually a [[court order]] is the most efficient way to change names (which would be applied for in a [[State court (United States)|state court]]), except at marriage, which has become a universally accepted reason for a name change.

Where a court process is used, 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 else. Applicants may be required to give a reasonable explanation for wanting to change their names. 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 limited judicial discretion to deny a change of name: usually only if the name change is for fraudulent, frivolous or immoral purposes.<ref>{{cite book |last=Bander |first=Edward J. |date=1973 |title=Change of Name and Law of Names |chapter=Ch. 2&ndash;3 |location=Dobbs Ferry, New York |publisher=Oceana Publications |isbn=978-0-37911-088-3}}</ref> In 2004, a Missouri man succeeded in changing his name to "They".<ref>{{cite news |url=https://www.usatoday.com/news/offbeat/2004-09-23-name-change_x.htm |title=Missouri man legally changes his name to 'They' |date=September 23, 2004 |newspaper=[[USA Today]]}}</ref> 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); the [[North Dakota Supreme Court]] had denied the same request several years before (''Petition of Dengler'', 1976).<ref>{{cite web |url=https://www.ndcourts.gov/supreme-court/dockets/18609205/1 |title=Petition of Dengler, 246 N.W.2d 758 (N.D. 1976) |date=November 5, 1976 |work=State of North Dakota Courts |access-date=July 24, 2022 |archive-date=July 24, 2022 |archive-url=https://web.archive.org/web/20220724015305/https://www.ndcourts.gov/supreme-court/dockets/18609205/1 |url-status=dead }}</ref>

In nearly all states, a person cannot choose a name that is intended to mislead (such as adopting a celebrity's name), that is intentionally confusing, or that incites violence; nor can one adopt, as a name, a [[racial slur]], a threat, or an obscenity.

Some examples of typically allowed reasons for name changes in the U.S. include:
* Adopting a new surname upon marriage (typically the surname of the spouse, a [[hyphenated name|hyphenated surname]], or some combination of parts of both surnames). This is usually done without court proceedings.
* Returning to the use of a prior surname (e.g., a [[maiden name]]) upon divorce.
* Simplification or improved familiarity of spelling or pronunciation.

[[File:Mohan Singh Sekhon naturalization certificate.jpg|thumb|A Certificate of Naturalization's obverse.]]
[[File:Name change annotation on certificate of naturalization.png|thumb|A Certificate of Naturalization's reverse, annotated with details of the naturalized citizen's change of name.]]
Under U.S. nationality law, when immigrants 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 more [[Cultural assimilation#Immigrant name changing as a form of assimilation|Americanized]] names.<ref>{{cite web |url=https://www.uscis.gov/sites/default/files/document/forms/n-400.pdf |title=Form N-400: Application for Naturalization |website=U.S. Citizenship and Immigration Services}}</ref> During the naturalization interview, a petition for a name change is prepared to be forwarded to a federal court. Applicants certify that they are 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 would become final if within their jurisdiction, once a federal court naturalizes an applicant.

===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, a trade name distinct from one's legal name can be registered with a county clerk, [[Secretary of State (U.S. state government)|secretary of state]], or other similar government authority. Persons who wish to publish materials and not to be associated with them may publish under [[pseudonym]]s; such a right is protected under case law pursuant to the [[United States Constitution]].

====Usage method====
A common law name (i.e. one assumed without formality and for a non-fraudulent purpose) is a legal name.<ref>See, ''e.g.'', ''State v. Ford'', 172 P. 802; ''Bonnie Lee Daniels'', 337 A.2d 49; ''Elizabeth Marie Hauptly'' 312 N.E.2d 857; ''Piotrowski v. Piotrowski'', 247 N.W.2d 354; ''Thomas v. Thomas'', 427 N.E.2d 1009; ''Klein v. Klein'', 373 A.2d 86; ''Stuart v. Board of Elections'', 295 A.2d 223.</ref> In most states, a statutory method, while quick and definitive, only supplements the common law method,<ref>''In Matter of Linda A.'', 480 N.Y.S.2d 996.</ref> unless the statute makes itself exclusive. A person may sue under a common law name.<ref>''Hoffman v. Bank of America'', (M.D. Florida 2006).</ref>

In [[California]] the "usage method" (changing the name at will under common law) is sufficient to change the name. Not all jurisdictions require that the new name be used exclusively.<ref>For example, ''Kreuter v US'', 201 F2d 33 (true name need not be abandoned), Florida Statute 322.22 (driver's licenses in two names), ''Loser v. Plainfield'', 128 N.W. 1101 (Iowa), ''Ludwinska v John Hancock'', 317 Pa 577 (may be used for just one nonfraudulent transaction).</ref> Any fraudulent use or intent, such as changing the name to the same name as another person's name, may invalidate this type of name change.

Specifically in California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 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 parole, or have been convicted of a serious sex offense. If a person is not in any of these categories, then a common law name change is allowed. (Family Code § 2082 also contains some of the same wording.)

====Preferred name====
Many universities, hospitals, and other institutions allow one to use a "preferred name" instead of one's legal name. This name can show up on class rosters, online learning platforms, and student ID cards.<ref name="UC Davis">{{cite web |url=https://registrar.ucdavis.edu/records/preferred-name.cfm |title=Preferred Name |date=March 15, 2021 |website=Office of the University Registrar, [[UC Davis]] |language=en}}</ref><ref name="Leicester">{{cite web |url=http://www2.le.ac.uk/offices/hr/policies/ess/Questions/what-is-a-preferred-first-name-or-preferred-last-name |title=What is a preferred first name or preferred last name? |website=[[University of Leicester]] |language=en |url-status=dead |archive-url=https://web.archive.org/web/20170502095053/http://www2.le.ac.uk/offices/hr/policies/ess/Questions/what-is-a-preferred-first-name-or-preferred-last-name |archive-date=May 2, 2017}}</ref>

===Official registration===
The legal name change process is usually different from simple usage and includes notifying various government agencies, each of which may require legal proof of the name change and that may or may not charge a fee. Important government agencies to be notified include the [[Social Security Administration]]<ref>{{cite web |url=https://faq.ssa.gov/link/portal/34011/34019/Article/3749/ |title=How do I change or correct my name on my Social Security number card? |work=Social Security Administration |access-date=November 12, 2015 |archive-url=https://web.archive.org/web/20160102072805/https://faq.ssa.gov/link/portal/34011/34019/Article/3749/ |archive-date=January 2, 2016 |url-status=dead}}</ref> (generally following statutory law, not common law),<ref>{{cite web |url=https://secure.ssa.gov/apps10/poms.nsf/lnx/0110212015 |title=Program Operations Manual System (POMS): RM 10212.015 Evidence Requirements to Process a Name Change on the SSN |date=April 16, 2012 |work=Social Security Administration |access-date=July 13, 2021}}</ref> [[Bureau of Consular Affairs]]<ref>{{cite web |url=https://travel.state.gov/passport/npic/agencies/agencies_913.html |title=U.S. Passports & International Travel |work=U.S. Department of State}}</ref> (for [[United States passport|passports]]),<ref>{{cite web |url=https://fam.state.gov/FAM/08FAM/08FAM040301.html |title=8 FAM 403.1-4 Material Discrepancies (Major name changes) |date=August 7, 2018 |website=Foreign Affairs Manual |publisher=United States Department of State |access-date=October 15, 2019}}</ref> the [[Federal Communications Commission]],<ref>{{cite web |url=http://transition.fcc.gov/Forms/Form605/605.html |title=FCC Form 605 |work=Federal Communications Commission |url-status=dead |archive-url=https://web.archive.org/web/20140422032207/http://transition.fcc.gov/Forms/Form605/605.html |archive-date=April 22, 2014}}</ref> the [[Selective Service System]]<ref>{{cite web |url=http://www.sss.gov/regisrantsbk.htm#RegistrantObligations |title=Registrant Obligations |website=Selective Service System |url-status=dead |archive-url=https://web.archive.org/web/20150329020540/http://www.sss.gov/regisrantsbk.htm#RegistrantObligations |archive-date=March 29, 2015}}</ref> and the Department of Motor Vehicles (for a new driver's license, learner permit, state identification card, or vehicular registration). Additionally the new name must be registered with other institutions such as employers, banks, doctors, mortgage, insurance and credit card companies. Online services are available to assist in this process either through direct legal assistance or automated form processing.

Most states require name changes to be registered with their departments of motor vehicles (DMVs) within a certain amount of time, and some state motor vehicle departments require updated social security cards to make changes, by first registering a new name with the Social Security office.

The fees for registering a new name vary from state to state. The forms, along with the state-specific requirements, can generally be obtained for free.

Many states will require reasons for wanting a name change. For example, in Florida, a court will not grant a petition for a change of name if it finds that (i) the petitioner has ulterior or illegal motives in seeking the name change, (ii) the petitioner's civil rights are suspended, or (iii) granting the name change will invade the property rights (''e.g.'', intellectual property rights) of others.<ref>{{cite web |url=http://abcfamilylaw.com/practice-areas/change-of-name |title=Change of Name |website=ABC Family Law |url-status=dead |archive-url=https://web.archive.org/web/20101128015829/http://www.abcfamilylaw.com/practice-areas/change-of-name |archive-date=November 28, 2010}}</ref>

=== Forcible name changes ===
In 1887, the [[Dawes Act]] directed that Indigenous Americans adopt a surname. This forcible solidification of individual identities, in pursuance of Western legal and political orders, assisted in the federal government's efforts to remove their ownership of communally-held land.<ref>{{Cite journal |last1=Scott |first1=James C. |last2=Tehranian |first2=John |last3=Mathias |first3=Jeremy |date=2002 |title=The Production of Legal Identities Proper to States: The Case of the Permanent Family Surname |url=http://www.jstor.org/stable/3879399 |journal=Comparative Studies in Society and History |volume=44 |issue=1 |pages=4–44 |doi=10.1017/S0010417502000026 |jstor=3879399 |s2cid=146687944 |issn=0010-4175|url-access=subscription }}</ref>

More recently, recipients of [[Deferred Action for Childhood Arrivals]] have been forced to revert to the names on their birth registration documents by [[United States Citizenship and Immigration Services|USCIS]], even where this does not match the name they have been using all their life in the United States. This is especially true with DACA recipients from Spanish-speaking countries, whereby two last names appear on birth registration documents per [[Spanish naming customs]]. Even where the person has only ever used one surname (typically that of the father), USCIS forces them to revert to both surnames, creating a discrepancy in matters such as academic records and credit ratings.<ref>{{Cite web |url=http://theconversation.com/when-i-got-daca-i-was-forced-to-revert-to-a-name-i-had-left-behind-89130 |title=When I got DACA, I was forced to revert to a name I had left behind |last=Sanchez |first=Linda E. |date=January 11, 2018 |website=The Conversation |access-date=June 15, 2020 |language=en}}</ref>