Name change generally refers to legal action by someone who adopts a new name that is different from their name at birth, marriage, or adoption.
The procedures and the ease of name change vary between jurisdictions. In general, the jurisdiction of common law has a loose procedure for name change while the jurisdiction of civil law is more stringent.
A pseudonym is a name different from the real name or the real name and does not require legal sanction. Usually adopted to conceal a person's identity, but can also be done for personal, social or ideological reasons.
Video Name change
Reason for renaming someone
- marriage or civil partnership
- to better match the gender identity of a person as a transgender individual (eg, old name Bruce Jenner, new name Caitlyn Jenner)
- to avoid stalkers or harassers
- to choose a family name associated with hobbies, interests, or achievements (eg, old name Henry Schifberg, new name Henry Lizardlover)
- to receive an inheritance depends on the adoption of the name of the deceased (this reason was once very common in the family of landowners in the UK)
- to replace the frivolous name given by their parents (eg, Mikey Maus old name, new name Marcus Maus)
- to replace names that might be considered undesirable with more desirable (eg old Lipschitz's old name, new London's last name)
- to separate from previous religion (eg, Ahmed Abdullah to Adel Karim)
- to separate from famous or famous people (eg, old name of Michael Jackson, new name of Martin Jackson)
- to identify with famous or famous people (eg, old name Simon Johnson, new name Simon Pendragon)
- to break away from the family's black sheep (eg, Adolf Hitler's relative)
- split from ethnic origin (for example, converting Battenberg to Mountbatten or Jan Ludvik Hoch to Robert Maxwell)
- to return to the previous name (eg, Cynthia Lennon, first wife of John Lennon, after her divorce from John Twist's next husband)
- commercial sponsors (eg, Jimmy White while being Jimmy Brown for HP chocolate sauce, and Ashley Revell being Ashley blue square Revell for Blue Square Group Ranking service)
- protests or activism (eg, old name Jennifer Taylor, new name Jennifer Save the Forests)
- to rename a fictitious character, (eg the old name Tracy Darling, Tracy Beaker's new name)
- to make their names more interesting or "interesting" so as to increase their chances of success (see Phase name)
- to change the legal name into one used in everyday life, (for example where the middle name has been used throughout life)
Maps Name change
United States
In the United States, state laws govern the name change. Several federal court rulings have set a precedent over both courts resolving name changes and changes to the name of common law (changing names at will), including Lindon v. First National Bank .
Usually a person can adopt any desired name for any reason. In 2009, 46 countries permit a person to legitimately rename only use, without documents, but court orders may be required for many institutions (such as banks or government agencies) to formally accept change. Although states (except Louisiana) follow common law, there are differences in acceptable terms; usually a court order is the most efficient way to change the name (which will be applied in state court), except on marriage, which has been a universally accepted reason for a name change. It is necessary to state that the name change is not for fraudulent purposes or other illegal purposes, such as avoiding lien or debt or defaming others.
Applicants may be asked to provide a reasonable explanation for wanting to change their name. A fee is generally paid, and the applicant may be required to send a legal notice in the newspaper to announce a change of name. Generally judges have limited the legal discretion to grant or deny a change of name, usually only if the name change is for fraudulent, reckless or immoral purposes. In 2004, a Missouri man managed to change his name to Them. The Supreme Court of Minnesota ruled that a change of name to 1,069 could be rejected, but Ten Sixty-Nine was acceptable ( Dengler Application , 1979); The North Dakota Supreme Court rejected the same request several years earlier (Dengler Petition, 1976).
In almost all states, one can not choose a name that is meant to be misleading (such as adopting the name of a celebrity), which is deliberately confusing, or that triggers violence; nor can they be adopted, as names, racial slurs, threats, or obscenity.
Some examples of reasons that are normally allowed for a change of name in the US include:
- Adopt a new surname at marriage (usually a spouse's last name, last name is hyphenated, or a combination of parts of both surnames).
- Revert to previous usage of first name (e.g., girl's name) at the time of divorce.
- Simplify or improve the introduction of spelling or pronunciation.
Under immigration laws and federal nationality, when aliens apply to naturalization, they have the option of having their names changed for a citizenship grant at no additional cost. This allows them to adopt more Americanized names. During naturalization interviews, a petition for name change is prepared to be forwarded to federal court. Applicants state that they are not seeking a name change for unlawful purposes such as debt avoidance or law enforcement avoidance. Such a name change would be final if within their jurisdiction, after a federal court establishes an applicant.
To maintain a person's identity, it is desirable to obtain a formal order so that there is continuity of personal records.
Informal method of official name change
Assumed name
The use of an "open and famous" name is often enough to allow someone to use a pseudonym. In some jurisdictions, different trade names of a person's official name may be registered with a county clerk, a state secretary, or other similar governmental authority. People who want to publish material and not related to them can publish under a pseudonym; such rights are protected by law of law under the United States Constitution.
Usage methods
The name of common law (ie assumed for non-fraudulent purposes) is the official name. In most states, the legal method, while fast and definitive, only complements the general legal method, unless the law itself is exclusive. Although a person may sue under the name of common law.
In California, the "usage method" (renaming according to legal will) is enough to change the name. Not all jurisdictions require that a new name be used exclusively. Any fraudulent use or intent, such as changing a name to the same name as someone else's name, may invalidate this type of change of name.
Particularly in California, the Civil Code Law Code Ã,§ 1279.5 and Family Code Ã,§ 2082 govern general law and courts decide on a name change. Code of Civil Procedure Ã, § 1279.5 (a) reads, "Except as provided in subdivisions (b), (c), (d), or (e), nothing in this title shall be construed to void common law rights of each person to change their name. "The sub-section b by e prevents a person from changing their name under common law if they are in a state prison, on probation, on parole, or have been convicted of serious sexual offenses. If someone is not in one of these categories, then a general legal name change is allowed. (Family Code Ã,§ 2082 also contains some of the same words.)
Favorite name
Many universities, hospitals, and other institutions allow a person to use a "preferred name" instead of a person's official name. This name can appear in the list of class names, online learning platforms, and student ID cards. This provides a "transitional" name change for those who have not, or can not, accept court-ordered court changes.
Registration officially
Official name change is only the first step in the name change process. A person must formally register the new name with the appropriate authorities whether the change was made as a result of a court order, marriage, divorce, adoption, or other methods described above. This process includes notifying the various government agencies, each of which may require proof of name change law and which may or may not cost a fee. Important government agencies to be notified include Social Security Administration, Consular Affairs Bureau (for passports), Federal Communications Commission, Selective Service System and Department of Motor Vehicles (for new driver's license, student license, country identity card, or vehicle registration). In addition, the new name must be registered with other institutions such as companies, banks, doctors, mortgages, insurance and credit card companies. Online services are available to assist in this process either through direct legal assistance or automatic form processing.
Despite different country requirements, it is generally recommended to first register a new name with the Social Security office because some state motor departments require updated social security cards to make changes; Arizona is one of these countries.
Most states require a change of name to be registered with their vehicle department (DMV) within a certain period of time. For example, South Carolina, and Wyoming require a change of registered name in their office within ten days. Illinois, Texas, and Vermont require it to be registered within 30 days, while North Carolina allows up to 60 days. New York requires visiting a local motor vehicle office to change its name on all records and documents, but without a definite deadline for doing so. The cost to register a new name varies from state to state. Forms, along with country-specific requirements, can generally be obtained free of charge.
Many states will need a reason to want a change of name. For example, in Florida, the court will not grant a petition for a name change if it finds that (i) the applicant has a hidden or illegal motive in seeking a name change, (ii) the applicant's civil rights are suspended, or (iii) belong to ( for example , intellectual property rights) of others.
United Kingdom
In the United Kingdom and Northern Ireland, citizens and residents have the freedom to change their names relatively easily.
In theory anyone who is at least 16 and residents in the UK can call themselves whatever they want. However, over the last hundred years or so, formal procedures recognized by record holders such as government departments, companies and organizations have evolved, allowing citizens to legitimately change the names recorded on their passports, driving license, taxes, and National Insurance records, bank and credit card, etc., provided that "documentary proof" of the name change is provided. Documents such as birth certificates, marriages and educational certificates can not be changed because these documents are "facts", which means that they are correct at the time of issue.
Documentary evidence of name change may be in some form, such as a marriage certificate, an absolute decision letter, a civil partnership certificate, an official statement or a deed of name change. Such documents are just proof that a name change has taken place, and they themselves do not operate to change a person's name. The change of name is by far the most commonly used method to provide proof of name change in addition to changing a woman's last name after marriage. A poll is a legal document that binds one person to a specific action (in this case, changing the name of a person for all purposes). The term 'deed' is general to sign, written agreement which has been shown to all related parties. Actually, this is not a contract because it binds only one party and declares intention, not a promise. 'Poll' is an old legal term that refers to official documents that have been dismembered (surveyed) so that they are straight.
England and Wales
People whose births are registered in England and Wales may have their poll results registered at the Royal Courts of Justice in London. See also College of Arms # Change of name.
Historical usage
From the middle ages of the 19th century, the era of family dynasties, the name change is often requested by heirs in the last wills and wills, inheritance and inheritance, of the members of the nobility and nobility who were the last men of their lineage. Such people often choose younger cousins ​​or cousins ​​as heirs of their estates on condition that they should adopt the family name and armorial of the legator in lieu of his patronymic. So an ancient family who, if not destined for extinction, would appear to continue as a great dynasty in its making. Such changes are also rarely prosecuted by marriage settlements, for example where the father of a single daughter and heir demands that as a condition of her daughter's dowry, her husband must adopt the surname and father-in-law's in-laws. Thus, the offspring of the marriage will carry on the name of the extinct family. Such a change of name is generally demanded only from younger sons, where an older brother is available to inherit the father's village under the ancestor and carry on the name and arm left by the younger brother. Such a change of name is accomplished by obtaining a Private Parliament Law or by obtaining a Royal License. The less radical procedures adopted from the 18th century onwards are for legislators or settlements to demand only that the legatee or beneficiary should adopt his family name other than his patronymic, not in that place, which gives rise to "double-barreled", even the name "barreled three", is often parodied in lektor as symbolizing the rich "poets" with embarrassing heritage inheritance.
Notable examples are:
- Russell to Gorges (14th century). Ralph IV Gorges, 2nd Baron Gorges, died without any problems in 1331. In an attempt to defend his surname and arms he made one of his younger nephews as his heir, on condition that he should adopt the name and arm of the Gorge. The nephew is William Russell, the second son of his second brother Eleanor de Gorges who has married Sir Theobald Russell (d.1341) from Kingston Russell, Dorset. This event is mentioned in one of the earliest cases of early law brought about in British armaments, Warbelton v. Gorges in 1347.
- Smithson to Percy (18th century). Sir Hugh Smithson, 17th-17th Baronet (1715-1786) (c.1714-1786) in 1740 married Lady Elizabeth Seymour, the sole daughter and successor of Algernon Seymour, 7th Duke of Somerset, and Lady Elizabeth Percy's granddaughter ( d.1722), the sole daughter and heir of Josceline Percy, the 11th Earl of Northumberland (1644-1670). In 1740, by Private Parliament Act, Smithson changed his family name to Percy and inherited the title of Earl of Northumberland and then created the Duke of Northumberland.
Scotland
People whose births are registered in Scotland (or those adopted in Scotland) can change their names in the same way as those from other parts of the UK. However, they can file an optional application to the Registrar General for Scotland to have their birth certificate changed to show a new name and register each updated list.
Other common law countries
Australia
Individuals may legitimately rename them through state and territory governments in Australia in accordance with state and territory laws and regulations through agencies generally entitled "Birth Registration, Death and Marriage". Exceptions exist for some countries such as restricted persons (eg prison inmates) and in some states, changes can only be made once a year.
Institutions such as banks, Passport Office and transport authorities require proof of identity, so people who change their name must have proof of change.
If a person's birth or adoption is registered in Australia, changes will also be recorded (in most cases) at a person's birth or adoption registration, and in some states or territories, a name change can be verified either through a birth certificate reissued if born in Australia and/or "Change of Name Certificate". This certificate is recognized as a secure identity document and can be verified electronically through the Prosecutor General of the Australian Document Verification Service.
Canada
In Canada one can informally call themselves whatever they want. In all provinces except Quebec, when a person marries they can change their last name without changing their name legally by using their marriage certificate as a name change verification. It is almost impossible for a married woman in QuÃÆ' Â © bec to take their husbands name. Like the United States, the requirements for official name change vary from province to province. With the exception of Ontario, British Columbia and New Brunswick, Canadians must be 18 years old to change their name and stay in the province where they change it for at least 3 months to a year, depending on the province. (In New Brunswick and British Columbia, Canadians must be 19 years old to change their name, in Ontario 16.) Younger people of majority age in this province may change their name if they have their guardian's consent, legally married, or have the same legal marriage. To rename, the Rename application must be submitted to the Ministry of Government Services, the Court of Justice or the Clerk of Civil Status. Documents such as birth certificates must be submitted. A statement of why the name is changed is needed in most areas and the reason must be serious. In Canada, names can not cause confusion, be used for misrepresentation or fraud and in many cases a name change is announced in the newspaper. There is a fee involved and it ranges from $ 10 to $ 185 depending on the region or province. British Columbia and Alberta need fingerprints to be submitted before someone changes their name.
Hong Kong
It is a common practice for ethnic Chinese Tionghoa people to adopt western style English names other than their Chinese transliteration names. Because they often adopt western-style English names after being registered on the birth list, the fact that they want to include Western-style English names as part of their English legal name is considered a name change that usually requires a poll.
However, the Immigration Department responsible for processing applications for name changes allows applicants to submit the application without polling; anyone who has an English phonetic name only and wishes to include a western-style English name as part of his or her valid English name may apply to the Immigration Department without a poll. Only one such application is allowed for each applicant; any application for subsequent changes should be made with a deed poll.
ireland
In the Republic of Ireland, someone gets their name by "using and repute". For most purposes it's enough to just use the desired name and ask someone else to call you by that name. For some administrative purposes, such as changing the name of a driver's license or gender change legally, a deed of name change must be registered with the Four Courts.
New Zealand
From September 1995, New Zealanders can change their name by making a formal statement and, if approved, the new name is registered with the Birth, Death and Marriage section of the Ministry of Home Affairs (Identity Service). Before September 1995, they changed their name by polling.
Civil Code
In general, unlike in a common law state, the name can not be changed as desired within the jurisdiction of civil law. Typically, name changes require government approval and are rarely given, although official name changes have become more common in some jurisdictions over the past few years. The reason given for this system is usually the public interest in the unique identification of a person, for example, in a government register, even with the emergence of a personal identification number, the reason may require a review.
Belgium
In Belgian law, the name is in principle considered fixed for life, but in exceptional circumstances, one can apply to the Ministry of Justice for a change of name. This requires a Royal Decision (French:
Brazil
According to the Brazilian Civil Code and the Public Registration Act, the names listed after birth are definitive and can not be changed. However, there are some circumstances where name changes are allowed:
- If a clear writing error is made when registering the child's name.
- In the first year after a person reaches the age of majority (18 years), they can request their first name change, but family name modification is not allowed.
- If a person's name exposes them to mock and destroy their daily welfare.
- If someone is publicly known by another name, they may request a change or name addition, by providing support for three name change testimonials.
- If a person has undergone a gender change, the most recent jurisprudence has allowed name modification in most such cases.
India
In India, the person submits a request for a change of name to the appropriate authority, with supporting documents. Furthermore, the application should be made to the Printing Government Press, which issues the Official Gazette notifying the name change.
Norwegian
While it is always relatively easy to change the legal names of someone in Norway, it is used to ask for some sort of government approval. Until 1830, local priests were instructed to write the names (Christian) given and last name in the baptismal record. Previously, only the name of the child, date of birth, date of baptism and gender were written, along with the parent's name. It was not until the beginning of the 20th century but that the authorities demanded that everyone adopt a family name (surname). Until around 1980, the government still required that the name change applicant apply to local government representatives (fylkesmann). The law has been changed twice since then. Currently, the process is as easy as in common law countries; the subject only submits the desired names (provided that the chosen family name is not used or not used by less than 200 people) to the local authorities for the purposes of listing the names of elections and census counting; no more application process.
Philippines
2001 RA 9048 amends Articles 376 and 412 of the Philippine Civil Code, which prohibits the change of name or surname of a person, or the correction or amendment of entries in the civil register without a court order. Administrative Command no. 1 Series of 2001, apply the law. It authorizes the municipal or municipal civil registration or consul general to correct administrative or typographical errors in an entry or change the name or nickname first in the civil list without the need for a court order.
Name and gender change
In the case of controversial and substantial change, the jurisprudence of the Philippines obliges a full lawsuit by the court, which must include the local civil registry in the petition, since RA 9048 and Rule 108 (Cancellation or correction of entry in the Civil Registry) of the Court Rules do not allow the change of sex in the birth certificate.
The only prominent case in the Philippines on the name and change of legal sex is Jeff Cagandahan's case. The Supreme Court of the Philippines, Leonardo Quisumbing on September 12, 2008, allows Cagandahan, 27, who has congenital adrenal hyperplasia, to change the name of his birth certificate from Jennifer to Jeff, and the sex of the law from woman to man.
Quebec
Although as in other jurisdictions Quebec residents can informally use whatever name they want, the procedure for official name change is strictly because Quebec (unlike other parts of Canada) operates under the civil law system. The decision must be ratified by the Director of Civil Status, and requires a valid reason to change the name, including the long-term use of the new name (in the case of Montreuil cited below, the Quebec appellate courts have considered the use of five years to be reason enough) use for spelling or pronunciation, or give a name that makes other people famous.
Only judges can authorize a name change for a child for reasons of abandonment, deprivation of parental authority, or changes in filiation such as adoption.
This sometimes causes controversy. A lawyer named Micheline Montreuil, a non-operative transgender woman, had to undergo a lengthy process to change her name legally. Initially, the director of civil status refused to allow change on the grounds that a legal man can not bear the name of the woman. According to Quebec's law, Montreuil can not alter his sex records because this requires evidence of a completed sex change operation, which he does not yet have. On November 1, 1999, the provincial appeals court ruled that nothing in law prevents a person legally male from adopting a woman's name. (Initially Montreuil was prevented from changing his name despite this decision on the grounds that he had not made a general use, as is usually required for a change of name; the Quebec appeals court finally allowed the change on November 7, 2002).
The Director of Civil Status will change the birth certificate of Quebec if the name change certificate is issued by another province. Some people use the gap by temporarily moving to one of the other provinces in Canada, following a more permissive general-law rule, to obtain legal documents.
South Africa
South Africa, which uses a mixture of common law and Dutch Roman civil law, mostly uses common legal procedures associated with name change. Name changes in South Africa are governed by the Law on Registration of Birth and Death (Law 51 of 1992, as amended). The personal information of all citizens and residents is recorded in the Population List, so any name change must be registered.
Someone can change their first name by submitting a form to the Ministry of Home Affairs. A family's name, or family, can be changed by applying to the Department and providing "good and sufficient grounds" for the change.
A married woman can change her family's name to her husband or join her maiden name with her husband's surname, and a divorced woman can return to her last name, without applying or paying a fee; but he must notify the department so that the details in the Population List can be changed. (It is possible that, if challenged, these provisions can be considered unconstitutional as they apply only to women.)
South Africa has officially recognized same-sex marriage since 2006 and thus now allows one or both spouses to change their surname on the marriage list on the wedding day. New passports and ID books can be applied with newly married surnames as well.
The names of young children may also be altered in various circumstances involving weddings, divorce or death of parents, children born out of wedlock, and guardianship.
Switzerland
In Switzerland, a name change requires approval from the respective Cantonal government, if there is an important reason ( wichtige GrÃÆ'¼nde / motive justes ) for change, under section 30 of the Swiss Civil Code. When aliens apply to naturalization, they have the option of having their names changed for a citizenship grant at no additional cost. According to the Swiss Federal Supreme Court case law, such requests should be granted only if the applicant indicates that they are suffering substantially from their current name, for example, if it is the same as a notorious criminal.
Taiwan
In Taiwan, the government strictly regulates when a person's last name, the name given or both may or may not be changed, under the Name Act (????) since 1953 with 10 articles, was changed entirely into 14 articles in 2001, and Enforcement Regulations of the Name Act (???????).
Reasons that are legally permitted to change the given name are:
- Have the same name when serving at the institution or studying at the same school.
- Since 1983, has the same name with parents, grandparents, or great-grandparents.
- Have the same name as another person who lives in the same area or city and has lived there for at least 6 months.
- Have the same name as the wanted criminal, for example ??? (ChÃÆ' Â © n JÃÆ''nx? Ng), a common name used by not only a kidnappers and a convicted murderer who was executed in Taiwan for a major crime in 1997 (zh: ??? (????)) but also Taiwanese statesman (zh: ??? (??????)).
- Have a specific reason, which is limited twice in a person's lifetime, whereas a change of name given to both of these types may not be done before it reaches adulthood.
Rename a religious conversion
Adherents of various religions change their name after conversion or confirmation. The adopted names may not have legal status but will represent the religious beliefs they adopt.
Buddhism
- Individuals attending the ceremony to officially become Buddhists are usually given a new "Dharma name", which marks their "protection".
Christianity
- It has become a historical Christian custom to adopt a name on baptism or (in some countries) a confirmation.
- The customary practice in which people entering religious institutions taking names in religion is still observed by Eastern Orthodox and some traditional Roman Catholics. Eastern Orthodox monks are usually named a prophet or a monastic saint.
- The popes take the name of the pope on their access to the office; for example, Jorge M. Bergoglio adopted the name Francis.
Hinduism
There is no formal conversion concept in Hinduism, but entry into Hinduism is accepted, usually after a small ceremony called Shudhikaran (purification). Individuals attending Shudhikaran ceremonies to officially become Hindus can be optionally named new Dharma (religions), usually based on Sanskrit or Indian names such as names based on Hindu gods.
Islam
- Converting to Islamic beliefs can choose a new name; though not necessary, may in some cases be preferred for personal reasons or because the name is the impartiality of Islam (eg converts have theophoric names in other religions, such as Christopher or Ganesh). The adoption of Boxer Cassius Clay on behalf of Muhammad Ali is a well-known example, just as Cat Stevens's changes to Yusuf Islam and Malcolm Little adopted the name Malcolm X and later El Hajj Malik El-Shabazz . On the other hand, conversions may choose to retain their name, as did Dave Chappelle.
- Women do not usually take their husbands' surnames as their own. Their maiden name continues to be their surname even after marriage. Sometimes their husband's first name becomes their surname, similar to a family name chain case that shows a person's father chain.
- In the Islamic tradition, there are two types of family names.
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- The first type comes from the father's first name, which means that the person is a child of. For example, a name like ibn Abdullah means "son of Abdullah", or bint Abdullah means "daughter of Abdullah". The names of the father's offspring can be chained, meaning that a person can have their father's name, followed by their father's grandfather, followed by the father of the grandfather, to show patrilineal bloodlines.
- The second type is associated with tribal, ethnic or ethnic affiliations and also depends only on one's patrilineal line. In Islamic family law, individuals are required to keep ethnic, ethnic or ethnic affiliations of their fathers where known, whether the child is illegitimate, living with their mother after the divorce or adoption.
The last name can not be changed in such a way as to reflect a heritage that does not belong to one's biological father.
Judaism
- Jews in the Diaspora sometimes give their children two names: secular names for everyday use and Hebrew names for religious purposes. Convert to Judaism chooses the Hebrew name. Full Jewish names include patronym: the convert takes the patronim "ben/bat Avraham Avinu" (the son/daughter of Our Father Abraham) as a converted to be the spiritual descendant of Abraham, the Jewish ancestor.
Sikhism
- Those who are Sikhs adopt a new last name after baptism to Khalsa. The man adopts Singh's last name, while the woman adopts Kaur's last name.
- Sikhs adopted Singh's name in 1699 during the Khalsa Birth.
Wicca
- Some wiccan have Craft names used during meetings and coven rituals.
See also
- Family name, including patrilineal family name
- Name given
- Hornsleth Village Project
- In re McUlta
- Legal aspects of transsexualism for information on name change for transgender and transsexual
- Diane Marie Rodriguez Zambrano, a suing activist to allow official name change in Ecuador for the purpose of gender identity
- The official name
- Married name and girl
- Matriname
- Nickname
- Pseudonym
- Pen name
- Stage name
- Name of government
- Religious conversion
- Witness protection
References
Source of the article : Wikipedia
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