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Senate Study Bill 1006

Bill Text

PAG LIN
  1  1    Section 1.  Section 595.5, Code 1999, is amended to read as
  1  2 follows:
  1  3    595.5  SURNAME ADOPTED.
  1  4    1.  A party may request indicate on the application for a
  1  5 marriage license the adoption of a name change to that of the
  1  6 any of the following:
  1  7    a.  The surname of the other party. or to some other
  1  8    b.  A surname mutually agreed upon by the parties.
  1  9    c.  A combination of the surnames of both parties.
  1 10    In conjunction with any change of surname otherwise
  1 11 authorized in this subsection, a party may also indicate the
  1 12 adoption of a prior legal surname of the party as the party's
  1 13 middle name, and any other middle name or names previously
  1 14 recorded shall be omitted from the party's legal name after
  1 15 marriage, unless the party indicates otherwise.
  1 16    2.  The names used on the marriage license shall become the
  1 17 legal names of the parties to the marriage.  The marriage
  1 18 license shall contain a statement that when a name change is
  1 19 requested indicated and affixed to the marriage license, the
  1 20 new name is the legal name of the requesting party.
  1 21    3.  If a party requests indicates a name change, other than
  1 22 a change of surname to that of the other spouse or to a
  1 23 combination of the surnames of both spouses to a form other
  1 24 than one authorized under subsection 1, the party shall
  1 25 request approval of the court pursuant to chapter 674 and
  1 26 shall submit to the court the information required by section
  1 27 674.2.  Upon approval of the court and solemnization of the
  1 28 marriage, the county registrar shall send a certified copy of
  1 29 the return of marriage to the recorder's office in every
  1 30 county in this state where real property is owned by either of
  1 31 the parties.  The judge may approve the name change.  The new
  1 32 names and the immediate former names shall appear on the
  1 33 return of marriage, and the return of marriage shall be
  1 34 recorded in the miscellaneous records in the recorder's
  1 35 office.
  2  1    4.  An individual shall have only one legal name at any one
  2  2 time.  
  2  3                           EXPLANATION
  2  4    This bill amends Code section 595.5 relating to the form of
  2  5 name that a party may choose following marriage.  Current Code
  2  6 language permits a party to adopt the surname of the other
  2  7 party, or a surname mutually agreed to by both parties.
  2  8 However, if a person wishes to choose another name, the person
  2  9 must file a formal change of name petition under Code chapter
  2 10 674.  Such a petition may also be filed in order to use a
  2 11 former surname as a middle name.  This bill eliminates the
  2 12 need for a formal change of name action to be filed to use a
  2 13 prior surname as a middle name in such cases.  
  2 14 LSB 1068SC 78
  2 15 jj/cf/24
     

Text: SSB01005                          Text: SSB01007
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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