Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Thursday, August 15, 2019

Most States Prohibit Blending Surnames at Marriage

Hannah Haksgaard, Blending Surnames at Marriage, 30 Stanford L. & Policy Rev. 307 (2019)

In most states, marrying couples are severely limited in their surname choices at the time of marriage. While recent scholarship has focused on men’s limited surname choices, other important problems with the marital surname process exist. For example, the increasingly popular decision to blend surnames — taking parts of both current surnames to create an entirely new surname — is generally not allowed. Four states explicitly allow for surname blending on the marriage license, and three more allow for any surname to be adopted. This article argues the remaining states should follow suit by allowing surname blending and other surname options. In addition to providing too few surname options, in most states the current system creates ambiguities and problems because marriage licenses fail to reflect the married surname of either spouse. This article argues that states should update marriage licenses to include the surname a marrying couple chooses to adopt as the marital name.

Listen to Hannah discuss her work on the Ipse Dixit Podcast

https://lawprofessors.typepad.com/gender_law/2019/08/most-states-prohibiting-blending-surnames-at-marriage.html

Family, Gender, Pop Culture | Permalink

Comments

Post a comment