The Name Equality
Act of 2007
AB 102 (Chapter 567, Statutes of 2007)
What is the Name Equality Act?
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The Name Equality Act of 2007 (AB 102, Chapter
567, Statutes of 2007) gives specific rights to parties
at the time they are applying for a California
marriage license to choose and list on the marriage
license the new name that each party will go by after
marriage.
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The Name Equality Act also applies to State
Registered Domestic Partners (SRDP). This
presentation only addresses the changes as they
relate to marriage licenses. For questions related to
SRDP, contact the Secretary of State.
When does the new law take effect?
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This law applies to California marriage
licenses issued on or after 01/01/2009.
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Marriage licenses issued prior to
01/01/2009 are not covered under the
Name Equality Act.
What we should all know about the new
law…
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The provisions related to marriage licenses are covered
in Family Code Section 306.5.
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Effective 01/01/2009, without intent to defraud, one or
both parties applying for a California marriage license
may elect to change their middle or last name by
which that party wishes to be known as following
marriage by entering the new middle or last name on
the marriage license application.
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Changing ones name through this process can only be
done at the time the marriage license is issued by
the County Clerk or Authorized Notary, as applicable.
What we should all know about the
new law continued…
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Parties to a marriage are not required to
have the same name.
Neither party is required to change his or
her name.
A person’s name shall not change upon
marriage unless that person elects to
change his or her name pursuant to FC
306.5(b).
What we should all know about the
new law continued…
A person may adopt any of the following
middle or last names:
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The current last name of the other spouse
The last name of either spouse given at birth
A name combining into a single last name all or a
segment of the current last name or last name of either
spouse given at birth
A hyphenated combination of last names
NOTE: Parties may NOT change their First names
using this process.
What we should all know about the
new law continued…
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Fields 29A – 32C, as applicable, on the marriage
license cannot be amended to either add a new
name or change the new name that is shown on
the marriage license and/or certificate.

If prior to marriage, the couple wants to change or
add the new name shown on the marriage license,
they can bring the old license into the County
Clerk’s Office to have it voided, apply and pay for
a new marriage license containing that information.
What we should all know about the
new law continued…
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An election by a person to change his or
her name pursuant to FC 306.5(b)(1) shall
serve as a record of the name change.
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A certified copy of a marriage certificate
containing the new name, or retaining the
former name, shall constitute proof that the
use of the new name or retention of the
former name is lawful [FC 306.5(b)(3)(a)].
What we should all know about the
new law continued…
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A certified copy of a marriage certificate shall be
accepted as identification establishing a true,
full name for purposes of 12800.7 of the Vehicle
Code.
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VC 12800.7. Upon application for an original or
duplicate license the department may require the
applicant to produce any identification that it
determines is necessary in order to ensure that the
name of the applicant stated in the application is his
or her true, full name and that his or her residence
address as set forth in the application is his or her
true residence address.
What we should all know about the
new law continued…
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Nothing in FC 306.5 shall be construed to prohibit
the Department of Motor Vehicles from accepting
as identification other documents establishing a
true, full name for purposes of Vehicle Code
Section 12800.7.
NOTE: DMV has stated they will not allow a person to
use a certified copy of their marriage certificate
to change their name unless the new name is
shown in fields 29A – 32C, as applicable, on
the marriage certificate.
What we should all know about the
new law continued…
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The requirements shall not abrogate the right of
either party to adopt a different name through
usage at a future date, or to petition the
Superior Court for a change of name.
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Nothing in the section shall be construed to
abrogate the common law right of any person to
change his or her name, or the right of any
person to petition the Superior Court for a
change of name.
What we should all know about the
new law continued…
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The marriage certificate is used by multiple
local, state, federal and private agencies,
all of which have different rules and/or
regulations regarding what documents are
acceptable to change a name on their
records following marriage. It is
recommended that parties contact those
agencies to verify their requirements prior
to applying for a marriage license.
What we should all know about the
new law continued…
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It is unlawful for our employees to answer
questions of a legal nature. County Clerk staff
cannot advise applicants how to complete the
marriage license application as it relates to the
entry of a new name or retention of a former
name on the marriage license application. For
their protection, parties with questions
regarding how the Name Equality Act of 2007
may affect them, should consult an attorney
prior to applying for a marriage license.
THE END!