Keith Mack
While there is no federal law banning specific names in the United States, some states have rejected names based on their potential to cause confusion, religious concerns, or the likelihood of inciting ridicule. For example, a Tennessee judge ordered a couple to change their baby's name from Messiah to Martin, citing potential offense to the local Christian community. In the UK, while there is no legal requirement to have a first or last name, deed polls can be used to change a child's name with parental consent. In some jurisdictions, a person may simply start using a new name without any formal legal process, and this is recognized as their chosen name.
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What You'll Learn
Name changes in the US
In the United States, a legal name change can be obtained through a court order, and any US citizen has the right to change their name through either common law or court procedure. Every adult US citizen has a constitutional right under the Fourteenth Amendment to change their name at will.
The process of changing your name can vary depending on the state and your reason for doing so. Common reasons for changing one's name include marriage, divorce, gender identity change, adoption, and personal preference. Changing your name after marriage is arguably the easiest of the four main processes. To start, make sure that you and your partner are married by someone authorized to perform marriage ceremonies in that state. Once you have done this, file your marriage certificate with the local marriage office, normally at the town hall of the county in which you were married. There, you can request one or more copies of your marriage certificate to keep for your records. In most cases, this will count as legally changing your name.
In most states, you can change your name when you apply for your divorce decree. Contact your local government to learn more about changing your name when you file for divorce. In most cases, you must file a petition with your local court to change your name. To do so, you may need to file paperwork and appear before a judge to complete the process.
To change your name for other reasons, you will need to file an application in civil court along with a nominal fee. The applicant should provide a valid and reasonable explanation for desiring a legal name change. The court can reject the application if it appears that the applicant has the intent to commit fraud by concealing their identity. For example, it is illegal for a person to change their name to that of a celebrity with the intent to impersonate them. Many institutions, such as banks and insurance companies, require a court order to change a customer's name in their records.
After changing your name, you must update your name with the Social Security Administration (SSA) and other government agencies, such as the motor vehicle office. Every name on your tax return must match the SSA's records. You should also report your name change to the State Department to get an updated passport and complete a USCIS application online or by mail to update the name on your naturalization or citizenship certificate.
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Name laws in the UK
In the UK, there is no law restricting names. However, names that contain obscenities, numerals, misleading titles, or are impossible to pronounce are likely to be rejected by the Registering Officer when registering a child. There are no restrictions on adults assuming any new name, unless the purpose of the name change is fraudulent.
In the UK, a person's legal name is not formally defined by statute. It is something that has been established by case law and the doctrine of precedent. The law governing birth registration in the UK is a complex matter, as it is devolved to England, Wales, Scotland, and Northern Ireland.
According to an ancient part of common law, a person can only have one given name and may have more than one surname. When the law asks for one name only, the courts have generally held that a person's name and surname are the names they are generally called and known by. Where there is doubt or many names are used, the names used for formal, solemn, and official purposes over a substantial period are considered.
While the UK has no law restricting names, other countries have naming laws that govern the meaning of the name or the scripts in which it is written. For example, in Australia, names that are too long, include unpronounceable symbols, include official titles, or are obscene or offensive are prohibited. Similarly, in British Columbia, a proposed name or amendment to an existing name may be rejected if it might cause mistake, confusion, or embarrassment to the child or another person, is sought for an improper purpose, or is objectionable.
In summary, while the UK has no specific laws restricting names, there are social and practical considerations when choosing a name, especially for a child. Registering officers may reject names that are deemed inappropriate or offensive, and courts can intervene in rare cases. Adults are generally free to change their names as they wish, as long as the purpose is not fraudulent.
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Naming a newborn
Personal and Family Significance
Some parents choose to honour a family member or a beloved relative by passing on their name to the next generation. This can be a meaningful way to pay respect to someone special and create a connection between the child and their family heritage.
Cultural and Ethnic Roots
Exploring names from your cultural or ethnic background can be a great way to celebrate your heritage and pass on traditional values. Consider researching names that have significance in your family's culture or ethnicity.
Popularity and Uniqueness
There is a fine balance between choosing a name that is too common and one that is overly unusual. While a unique name can help your child stand out, it may also lead to challenges in pronunciation or spelling. On the other hand, a very common name might make your child feel lost in a crowd. Consider the potential advantages and disadvantages of both options.
Personal Preferences and Meanings
The name you choose for your child should ultimately resonate with you as a parent. Consider the sound, spelling, and meaning of the name. You might want to avoid names associated with ex-partners or negative experiences. It is also worth thinking about the potential nicknames that could arise from the chosen name and whether you are comfortable with them.
Legal Considerations
While there is no federal law governing approved or banned names in the United States, certain states may have specific restrictions. For example, names containing only numbers may be prohibited due to potential confusion, as seen in the case of Michael Herbert Dengler. Religious considerations may also come into play, as in the case of the name "Messiah", which was initially rejected by a Tennessee judge due to its religious connotations.
In conclusion, naming a newborn involves navigating personal preferences, cultural influences, and legal constraints. It is a decision that will shape the child's identity and how they interact with the world around them. Take your time, explore various options, and consider the potential implications of each choice. Remember, you can always seek guidance from naming consultants or online resources if you need additional support or inspiration.
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Legality of not having a name
While it is not inherently illegal to go without a name in the United States, it is impossible to legally identify yourself without one. For example, you need a legal name on a birth certificate or social security card to obtain a driver's license or passport, open a bank account, or get a job. Therefore, while you can change your name without a court order simply by using another name in all aspects of your life, you cannot change your name to nothing as you would have no acceptable way to verify your identity.
In the case of newborns, hospitals will assign a name like "Babygirl Smith" to a baby without a name, and while it is not required to give a baby a name before leaving the hospital, a birth certificate must be filled out with a first and last name for the child at some point.
The right to a name is also recognised internationally. Article 7 of the United Nations Convention on the Rights of the Child states that all children have a "right from birth to a name". However, countries including the United States, New Zealand, Germany, and Iceland have restrictions on what names are acceptable. For example, names containing numerals are not allowed in the United States, New Zealand, and Germany, and Iceland has a list of approved names.
In the United States, the First Amendment protects the freedoms of religion, speech, press, assembly, and petition from government interference, and this has been used to argue against the banning of names by government officials. However, there are exceptions to First Amendment freedoms related to obscenity, defamation, threats, and several other categories, which can be used to justify rejecting a name.
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Legally changing a name
In the United States, there is no federal government list of approved or banned names, and the First Amendment protects the freedoms of religion, speech, press, assembly, and petition from government interference. However, there are some exceptions to these freedoms related to obscenity, defamation, threats, and several other categories. This means that government officials can reject a name based on it not being protected speech. For example, a parent trying to name their child "JohnSmithIsAMurderer" might be forced to change the name if a real John Smith challenged it and showed that the name referred to him and met the elements of defamation.
In the US, you can legally change your name by filing papers in court. If a judge agrees, they will give you a court order stating your new legal name. You need this order to change your name on identity documents such as your driver's license, passport, or social security card. The process of changing your name through a court order can vary between states, and there may be a filing fee of around $435-$450, although you can ask the court to waive this if you cannot afford it. Before a judge can decide, you must have the forms published in a newspaper for one month, which incurs a fee. However, if your name change is to match your gender identity, you do not need to publish your request in a newspaper.
You can also change your name through marriage or divorce, and the process of updating your name with government agencies will vary depending on your situation. For example, if you change your name through marriage, your new name will be reflected on your marriage certificate. When you file for divorce, you can change your name back to your previous name. If you need to update your name with the Social Security Administration, you may be able to request the change online, or you may need to make an appointment at a local office.
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Frequently asked questions
It is not illegal to not have a name, but it can cause a lot of trouble. You need a legal name to obtain a driver's license, open a bank account, or get a job.
Yes, in some jurisdictions, a person may start using a new name without any formal legal process. The name you give yourself is called a chosen name.
There are no restrictions on what names are possible, but any name containing racist language would be illegal under section 18 of the Public Order Act 1986. Additionally, non-Latin letters are not forbidden by any law, but they will be transliterated into Latin letters for use in passports and other official documents.
Yes, the government can reject a name based on it not being protected speech. For example, a name that defames a real person or that could cause confusion or claims of blasphemy is more likely to be rejected.
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