Bill Text: MI HB5389 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Courts: other; filing fee for name change; modify under certain circumstances. Creates new act.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced) 2023-12-31 - Bill Electronically Reproduced 11/14/2023 [HB5389 Detail]
Download: Michigan-2023-HB5389-Introduced.html
HOUSE BILL NO. 5389
the people of the state of michigan enact:
Sec. 1. This act may be known as the "Michigan name equality act".
Sec. 2. (1) Parties to a marriage are not required to have the same name. Neither party is required to change the individual's name. An individual's name shall not change upon marriage unless that individual elects to change the individual's name under this section.
(2) One party or both parties to a marriage may elect to change the middle name or surname, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud.
Sec. 3. (1) An individual may adopt any of the following surnames according to section 2:
(a) The current surname of the individual's spouse.
(b) The surname of either spouse given at birth.
(c) A name combining into a single surname all or a segment of the current surname or the surname of either spouse given at birth.
(d) A hyphenated combination of surnames.
(e) A surname completely different from either spouses.
(2) An individual may adopt any of the following middle names according to section 2:
(a) The current surname of either spouse.
(b) The surname of either spouse given at birth.
(c) A hyphenated combination of the current middle name and the current surname of the individual or spouse.
(d) A hyphenated combination of the current middle name and the surname given at birth of the individual or spouse.
(3) A fee charged for a name change relating to a marriage must be the same amount for any name change relating to a marriage made as provided in subsections (1) and (2).
Sec. 4. An election by an individual to change the individual's name under section 2 serves as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, constitutes proof that the use of the new name or retention of the former name is lawful.
Sec. 5. (1) A certified copy of a marriage certificate is accepted as identification establishing a true, full name for purposes of section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. Nothing in this act prohibits the secretary of state from accepting as identification other documents establishing a true, full name for purposes of section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. Those documents may include, but are not limited to, a certified copy of a marriage certificate recording a marriage outside of this state.
(2) This act shall be applied in a manner consistent with the requirements of section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307.
Sec. 6. The adoption of a new name, or the choice not to adopt a new name, by means of a marriage license application under section 2 shall only be made at the time the marriage license is issued. After a marriage certificate is registered by the local registrar, the certificate may not be amended to add a new name or change the name adopted under section 2. An amendment may be issued to correct a clerical error in the new name fields on the marriage license. In this instance, the amendment must be signed by 1 of the parties to the marriage and the county clerk or the county clerk's designee, and the reason for the amendment must be stated as correcting a clerical error. A clerical error as used in this section is an error made by the county clerk, the county clerk's designee, or a notary authorized to issue a confidential marriage license, where the information shown in the new name field does not match the information shown on the marriage license application. This requirement does not abrogate the right of either party to adopt a different name through usage at a future date or to petition the court for a change of name under the laws of this state.
Sec. 7. This act does not abrogate the common law right of an individual to change the individual's name or the right of an individual to petition the court for a change of name under the laws of this state.
