Existing law requires the parties, before entering a marriage or declaring a marriage, as specified, to first obtain a marriage license from the county clerk. Existing law requires the attorney-in-fact to appear before the county clerk to obtain a marriage license on behalf of the party who is a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict of war and is unable to appear for the licensure and solemnization of the marriage.

This bill would make a technical, nonsubstantive change to this provision.

Date of Hearing: May 15, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2789

Author:(Wallis) – As Amended Ver:March 21, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Department of Public Health (CDPH) to create and maintain a website that provides instructional information regarding how a person can change their name after they get married and a list of all agencies the person needs to notify of their name change.

FISCAL EFFECT:

Costs to CDPH of an unknown amount, likely over $150,000 (General Fund).

COMMENTS:

1. Purpose. According to the author:

[This bill] will remove barriers to the name change process for newlywed couples throughout the state. As the most technologically innovative state, we must lead with data transparency and this bill creates a one-stop shop for all Californians so there is no confusion about what to report and to whom, when changing a last name.

1. Background. CDPH provides an informational brochure titled “Your Future Together” for marriage license applicants in the State of California. The brochure notes that the Name Equality Act of 2007 (AB 102 (Ma), Chapter 567, Statutes of 2007, amended by AB 2882 (Committee on Judiciary), Chapter 474, Statutes of 2016), allows one or both applicants for a California marriage license to elect to change the middle and last names by which each party wishes to be known after solemnization of the marriage. The brochure also includes information about living a healthy lifestyle; genetic conditions that can be passed down to children; the California Prenatal Screening Program and the California Newborn Screening Program; domestic violence, including contact information for the National Domestic Violence Hotline and National Sexual Assault Hotline; as well as information on HIV/AIDS and communicable diseases.

The California courts also offer “Change your name when you get married,” an online guide that shares steps an individual can take to update their name on their marriage license. It notes that an individual’s records are not automatically updated with the name, and an individual must take an authorized copy of the marriage certificate to each government agency where the individual needs to update their ID or record. The online guide also links to information where individuals can update their driver’s license or ID, birth certificate, and passport.

In addition to these government resources, there is another free website that explains how to change one’s name in California. There are also kits available for purchase on websites such as “NewlyNamed” which provide step-by-step instructions on how to change one’s name on their Social Security card, US passport, driver’s license, vehicle title and registration, professional licenses, the Internal Revenue Services, banks, Transportation Security Administration pre-check, and loyalty programs.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

ABPCA Bill Id:AB 2789

Author:(Wallis) – As Amended Ver:March 21, 2024

SUBJECT: Marriage: change of name.

SUMMARY: Requires the State Department of Public Health (DPH) to create and maintain an internet website that contains instructional information regarding how a person can change their name after they get married and a list of all agencies that need to be notified of a name change that occurs after a marriage.

EXISTING LAW requires DPH to prepare and publish a brochure containing specified information for distribution to applicants for marriage licenses and persons who qualify as domestic partners that includes, among other things, information concerning options for changing a name upon solemnization of marriage. [Family Code § 358]

FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, this bill will remove barriers to the name change process for newlywed couples throughout the state. The author states that as the most technologically innovative state, we must lead with data transparency and this bill creates a one-stop shop for all Californians so there is no confusion about what to report and to whom, when changing a last name.
2. BACKGROUND. Information about name changes. DPH provides an informational brochure entitled “Your Future Together” for marriage license applicants in the State of California. It notes that the Name Equality Act of 2007 AB 102 (Ma), Chapter 567, Statutes of 2007, amended by AB 2882 (Committee on Judiciary), Chapter 474, Statutes of 2016, allows one or both applicants for a California marriage license to elect to change the middle and/or last names by which each party wishes to be known after solemnization of the marriage. The brochure also includes information about living a healthy lifestyle, genetic conditions that can passed down to children, information for regarding the California Prenatal Screening Program and the California Newborn Screening Program. The brochure also states that the domestic violence is against the law and provides contact information for the National Domestic Violence Hotline or National Sexual Assault Hotline, as well as information on HIV/AIDS and communicable diseases.

In addition to DPH’s “Your Future Together” brochure, the California Courts have an online Self-Help Guide entitled “Change your name when you get married,” which shares steps individuals can take to update their name on their marriage license. It notes that an individual’s records are not automatically updated with the name, and individuals must take an authorized copy of the marriage certificate to each government agency where the individual needs to update their ID or record. The online website also links to information where individuals can update their driver’s license or ID, birth certificate, and passport. There is also currently a free website which details how to change your name in California. There are also kits available for purchase on websites such as “NewlyNamed” which provide individuals with step-by-step instructions on how to change their name on their Social Security card, US passport, driver’s license, vehicle title and registration, professional licenses, the Internal Revenue Services, banks, Transportation Security Administration pre-check, and other loyalty programs. The author contends that many newlyweds resort to purchasing kits from private companies that assist them through the name change process, as such the internet website that this bill creates will allow equitable access to this information for couples who may not be able to afford such kits.

1. RELATED LEGISLATION.
   1. AB 3045 (Ta) of 2024 requires the State Registrar to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate.
   2. AB 2156 (Pacheco) of 2024 requires, commencing January 1, 2027, the State Registrar of Vital Statistics (State Registrar) to require a diacritical mark on an English letter to be properly recorded on a certificate of live birth, fetal death, or death, and a marriage license
2. PREVIOUS LEGISLATION.
   1. AB 2882 allows prospective spouses to combine their last names into a new last name that is more than one word, without the need to hyphenate the names.
   2. AB 2176 (Wood), Chapter 34, Statutes of 2022, increases the time to register a live birth with the local registrar from within 10 days following the date of the event, to within 21 days.
3. POLICY COMMENTS. Given the fact that DPH, the state court system, and the internet have free resources on how individuals can change their name after they get married, the author may wish to consider whether or not this bill duplicates existing resources.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097