Section 306.5 Of Part 1. Validity Of Marriage From California Family Law Code >> Division 3. >> Part 1.
306.5
. (a) Parties to a marriage shall not be required to have the
same name. Neither party shall be 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 subdivision (b).
(b) (1) One party or both parties to a marriage may elect to
change the middle or last names, 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.
(2) A person may adopt any of the following last names pursuant to
paragraph (1):
(A) The current last name of the other spouse.
(B) The last name of either spouse given at birth.
(C) A name combining into a single last name all or a segment of
the current last name or the last name of either spouse given at
birth.
(D) A hyphenated combination of last names.
(3) A person may adopt any of the following middle names pursuant
to paragraph (1):
(A) The current last name of either spouse.
(B) The last name of either spouse given at birth.
(C) A hyphenated combination of the current middle name and the
current last name of the person or spouse.
(D) A hyphenated combination of the current middle name and the
last name given at birth of the person or spouse.
(4) (A) An election by a person to change his or her name pursuant
to paragraph (1) shall serve as a record of the name change. 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.
(B) A certified copy of a marriage certificate shall be accepted
as identification establishing a true, full name for purposes of
Section 12800.7 of the Vehicle Code.
(C) Nothing in this section shall be construed to prohibit the
Department of Motor Vehicles from accepting as identification other
documents establishing a true, full name for purposes of Section
12800.7 of the Vehicle Code. Those documents may include, without
limitation, a certified copy of a marriage certificate recording a
marriage outside of this state.
(D) This section shall be applied in a manner consistent with the
requirements of Sections 1653.5 and 12801 of the Vehicle Code.
(5) The adoption of a new name, or the choice not to adopt a new
name, by means of a marriage license application pursuant to
paragraph (1) 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 pursuant to paragraph (1). 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
one of the parties to the marriage and the county clerk or his or her
deputy, and the reason for the amendment must be stated as
correcting a clerical error. A clerical error as used in this part is
an error made by the county clerk, his or her deputy, or a notary
authorized to issue confidential marriage licenses, whereby the
information shown in the new name field does not match the
information shown on the marriage license application. This
requirement 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 pursuant to Title 8 (commencing
with Section 1275) of Part 3 of the Code of Civil Procedure.
(c) Nothing in this 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 pursuant to Title 8 (commencing with Section 1275) of Part 3 of
the Code of Civil Procedure.
(d) This section shall become operative on January 1, 2009.