Cameron Miranda
Naming conventions for children born to married parents vary across the world. In some countries, such as Austria, France, and Portugal, children traditionally take on both parents' surnames. In other countries, like China, children usually inherit their father's surname, although the law permits them to take either parent's surname or even a combination of both. In the United States and the United Kingdom, it is common for children to take on their father's surname, although there is a growing trend of mothers keeping their maiden names and passing them on to their children. Ultimately, the naming conventions that parents choose for their children in common-law marriages can depend on various factors, including personal preference, cultural traditions, and legal requirements.
| Characteristics | Values |
|---|---|
| Children's surname in common-law marriages | Differs by country and culture; in some places, children take their father's surname, while in others, they take both parents' surnames or choose one parent's surname |
| Common-law marriage recognition | Recognized in seven US states and the District of Columbia; nine other states recognize it with restrictions |
| Name change in common-law marriage | Not automatic; requires a petition to the court and varies by state |
| Same-sex common-law marriage | Recognized in some places, providing the same legal rights as other couples |
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What You'll Learn
- Children can take either parent's surname in common-law marriages
- Children can take a hyphenated version of both parents' surnames
- Children can take one parent's surname, then the other as a middle name
- Children can combine both parents' surnames
- Children can keep their original surname if their parents marry later
Children can take either parent's surname in common-law marriages
In common-law marriages, children can take either parent's surname. This is the case in mainland China, where a child can inherit their father's surname by default, but the marriage law explicitly states that they may also use their mother's surname. It is also common for two children born to the same parents to take different surnames, one after the mother and one after the father. In some cases, children may combine both parents' surnames, although this is less common.
In Canada, a common-law spouse can change their name to their partner's surname by completing and submitting a Use of Common-Law Spouse's Last Name Statutory Declaration form. They can choose to use a hyphenated or double surname using both their and their spouse's surnames.
In the United States, common-law marriage is recognized in seven states and the District of Columbia, while nine other states recognize it with some restrictions. In states that recognize common-law marriage, the law treats it the same as a traditional marriage, granting the couple the same legal rights. However, a common-law marriage does not require a marriage certificate or a marriage license, and a couple's last name does not automatically change. To change their last name, a common-law married couple must petition the court.
In France, since 2013, any married person may use their spouse's name by substituting or compounding it with their own. However, this does not replace the person's family name on their birth certificate. Before this, it was common for married women to use their husband's name in everyday life, but it had no legal recognition.
In some countries, such as Russia, any name change requires a formal procedure, including an official application to the civil acts registrar.
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Children can take a hyphenated version of both parents' surnames
In the context of common-law marriage, the naming conventions that children assume are not significantly different from those in traditional marriages. The choice of surname for a child born within a common-law marriage is generally left to the parents' discretion, and they can choose to pass on either parent's surname, a hyphenated version of both parents' surnames, or even both parents' surnames without hyphenation.
In some countries, cultural norms and traditions influence the typical practice. For instance, in mainland China, it is customary for children to inherit their father's surname, although the marriage law explicitly permits the use of either parent's surname. It is also common for siblings to have different surnames, with one child taking the father's surname and the other taking the mother's. Combining both parents' surnames is less common but still occurs.
In Spanish-speaking countries, a person's name typically consists of a given name followed by two surnames, the father's and the mother's. Consequently, children of married couples usually take both parents' surnames, although the order may vary depending on regional customs. For example, in Portugal, the convention is to use the mother's surname first, while in Spain, the father's surname typically precedes the mother's.
In France, since 2011, any married person can legally use their spouse's surname by substituting or compounding it with their own. This decision was formalized in a law passed in 2013. Before this change, married women often used their husband's surname in everyday life, but it carried no legal recognition. Importantly, the family name on a person's birth certificate remains unchanged, even if they choose to use their spouse's surname in other contexts.
In the United States, common-law marriage is recognized in a handful of states, including Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah. These states generally grant the same legal rights to common-law married couples as those who are traditionally married. While common-law marriage does not automatically change one's name, individuals can still legally change their surname as long as it serves a legitimate, non-fraudulent purpose. The specific process for changing one's name may vary by state, and it often involves petitioning the court.
In summary, while the conventions and legal requirements surrounding surnames may vary across different regions and cultures, it is generally acceptable and recognized for children of common-law marriages to take on a hyphenated version of both parents' surnames. This choice empowers parents to represent both their names in their child's legal identity.
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Children can take one parent's surname, then the other as a middle name
Naming conventions vary across the world, and while in some countries, children are given their father's surname by default, other countries have more flexible approaches. In some countries, such as Austria, France, and China, children can take either parent's surname. In China, it is also common for two children born to the same parents to take different surnames, one after the father and the other after the mother.
In the United States, the default choice is to give the child the last name of their father. This tradition is practiced by parents in a variety of situations, including heterosexual couples, same-sex couples, couples who adopt, and couples who choose not to marry. However, in 2019, New York State passed a law allowing residents to choose two last names separated by a space, accommodating hyphenated names.
In the United Kingdom, patrilineal surnames are a relatively new convention. Before the 1700s, surnames were not standardized, and children often took their mother's or grandmother's last name. However, by the 18th century, coverture laws that considered wives as their husband's property led to women being effectively forbidden from owning land and passing on their surnames.
In some cases, individuals may choose to give their child their mother's surname for various reasons. For example, a mother may want to pass on her lineage or have a name that sounds better with the child's given name. Additionally, giving the child the maternal surname can avoid regret if the relationship with the father deteriorates. However, this choice may lead to double standards and questions from in-laws about why the child does not carry their family name.
To ensure legal recognition of the chosen name, it is essential to follow the appropriate procedures, especially when combining or changing surnames. For instance, in France, a person can use their spouse's name as a common name by substituting or compounding it with their own, but this does not replace the person's family name on their birth certificate. Similarly, in Austria, a woman's name does not automatically change upon marriage, and a legal application is required for a name change. In common-law marriages, individuals may need to complete specific forms, such as the "Use of Common-Law Spouse's Last Name Statutory Declaration" form, to use their spouse's surname.
Overall, while patrilineal surnames remain dominant in many countries, there is a growing trend of mothers keeping their maiden names and passing them on to their children as a middle name or surname. This trend allows for greater flexibility in naming conventions and empowers women to maintain their lineage and identity within their families.
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Children can combine both parents' surnames
In common-law marriages, your last name does not automatically change. However, you can change your name as long as it is for a legitimate, non-fraudulent purpose. The name change process varies by state.
Combining both parents' surnames is an option for children's surnames. This can be done by blending the surnames together to create a new identifier for the family. This option is becoming more popular, especially for LGBTQ+ couples, as it gives equal weight to both parents and allows all family members to have the same last name without one partner having to forfeit theirs. This system of last-name choosing also pushes back against heteronormative assumptions and the gendered connotations of typical naming traditions.
Combining surnames can also be beneficial if you want your child's last name to acknowledge parts of both parents' languages and cultures. It can also be a way to shed any meanings or associations behind your child's last name aside from those that you choose to create. Additionally, a combined surname can be customised to naming preferences, especially if you have a favourite baby name that clashes with your partner's last name.
However, combining surnames might result in a name that is too long or sounds clunky. It might also unintentionally create a new word with an undesirable meaning. Additionally, some families might face displeasure from extended family members who assumed the child would take on a traditional surname.
Some examples of combined surnames include Alexa and Carlos PenaVega, who challenged naming norms by sticking their two original last names, Pena and Vega, together. Their three children now share this combined last name. Another example is Lorelei Vashti, who, together with her partner, combined their surnames Wortsman and Waite to create the surname Waitsman for their children.
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Children can keep their original surname if their parents marry later
In some states in the US, common-law marriages are treated the same as traditional marriages, granting couples the same legal rights as a formally married couple. However, the name change process varies by state, and common-law married couples do not have a marriage certificate or license. While a person's name does not automatically change with common-law marriage, they can still change their name as long as it is for a legitimate, non-fraudulent purpose.
In some jurisdictions, changing names requires a legal process. In Austria, since 2013, marriage does not automatically change a woman's name; therefore, a name change must be applied for legally. In France, any married person may use their spouse's name by substituting or compounding it with their own, but this does not replace the person's family name on their birth certificate.
In the case of unmarried couples, children can take on either parent's surname, or a hyphenated combination of both. In some places, a marriage certificate is required to prove a name change, but this is not always the case, as it depends on the specific laws of the state or country in question.
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Frequently asked questions
The names kids take is not dependent on whether their parents are in a common-law marriage or not. Children can take on either of their parents' surnames or a combination of both.
Common-law marriage is recognized in seven US states and the District of Columbia. Nine other states recognize it with some restrictions.
The requirements for a common-law marriage include:
- Both partners must have the legal capacity to marry, i.e., they must be at least 18 years old, of sound mind, and not already married.
- Both partners must intend to be married and behave as a married couple in public.
- The couple must live together (cohabitation) for a certain amount of time, usually at least one year.
To change your name to match your common-law spouse's name, you must complete and submit a "Use of Common-Law Spouse's Last Name Statutory Declaration" form. You can choose to use either your spouse's birth name or the name they had when you started living together. You can also opt for a hyphenated or double surname combining your names. A certified copy of the processed form will serve as proof of your name change.
