S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4098
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of A. SIMOTAS, BUCHWALD -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the domestic relations law and the civil rights law,  in
   relation to name changes upon marriage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 "Jillian's Law".
   §  2.  Paragraph  (b)  of  subdivision 1 of section 15 of the domestic
 relations law, as added by chapter 583 of the laws of 1985,  is  amended
 to read as follows:
   (b) Every application for a marriage license shall contain a statement
 to the following effect:
                            NOTICE TO APPLICANTS
   (1)  Every  person  has the right to adopt any name by which he or she
 wishes to be known simply by using that name  consistently  and  without
 intent to defraud.
   (2)  A person's last name (surname) does not automatically change upon
 marriage, and neither party to the marriage must change his or her  last
 name. Parties to a marriage need not have the same last name.
   (3)  One or both parties to a marriage may elect to change the surname
 by which he or she wishes to be known after  the  solemnization  of  the
 marriage  by  entering the new name in the space below. Such entry shall
 consist of one of the following surnames:
   (i) the surname of the other spouse; or
   (ii) any former surname of either spouse; or
   (iii) a name combining into a single surname all or a segment  of  the
 premarriage surname or any former surname of each spouse; or
   (iv) a combination name separated by a hyphen, provided that each part
 of  such  combination  surname is the premarriage surname, or any former
 surname, of each of the spouses.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04151-01-7

 A. 4098                             2
 
   (4) ONE OR BOTH PARTIES TO A MARRIAGE MAY ELECT TO CHANGE  THE  MIDDLE
 NAME  BY  WHICH  HE OR SHE WISHES TO BE KNOWN AFTER THE SOLEMNIZATION OF
 THE MARRIAGE BY ENTERING THE NEW NAME IN THE  SPACE  BELOW.  SUCH  ENTRY
 SHALL CONSIST OF ONE OF THE FOLLOWING OPTIONS:
   (I)  THE  CURRENT  SURNAME OF THE SPOUSE ELECTING TO CHANGE HIS OR HER
 NAME; OR
   (II) ANY FORMER SURNAME OF THE SPOUSE ELECTING TO CHANGE  HIS  OR  HER
 NAME; OR
   (III) THE SURNAME OF THE OTHER SPOUSE.
   (5)  The use of this option will have the effect of providing a record
 of the change of name. The  marriage  certificate,  containing  the  new
 name,  if  any,  constitutes  proof that the use of the new name, or the
 retention of the former name, is lawful.
   [(5)] (6) Neither the use of, nor the failure to use, this  option  of
 selecting  a  new  surname  OR  MIDDLE NAME by means of this application
 abrogates the right of each person to adopt  a  different  name  through
 usage at some future date.
                   .....................................
                   (Optional -- Enter new surname above)
   §  3.  Subdivision 1 of section 14-a of the domestic relations law, as
 amended by chapter 583 of the laws  of  1985,  is  amended  to  read  as
 follows:
   1.  Upon  receipt  of  the  return  of  the marriage license, properly
 endorsed and completed  by  the  person  who  shall  have  solemnized  a
 marriage  as  provided in this article, the town and city clerks of each
 and every town or city in the state shall, after abstracting,  recording
 and indexing the statement of performance of solemnization, issue to the
 couple within fifteen days after such receipt or return of the completed
 marriage  license  a certificate of marriage, which certificate shall be
 substantially in the following form and contain the following facts:
 
   Record No............of Year........
 
                            THIS IS TO CERTIFY
 
 that ................................................................. ,
           first name, premarriage MIDDLE AND surname,
           new MIDDLE AND/OR surname (if applicable)
 residing at .......................................................... ,
 who was born on ........................., at ........................ ,
                        date
 and .................................................................. ,
         first name, premarriage MIDDLE AND
         surname, new MIDDLE AND/OR
         surname (if applicable)
 residing at .......................................................... ,
 who was born ........................, at ............................ ,
                         date
 were married on.......................at ............................. ,
                         date
 as shown by the duly registered license and certificate of
 marriage of said persons on file in this office.
 
 (SEAL)                            ......................................
                                                Town or City Clerk

 A. 4098                             3
 
 Dated at.................., N. Y.
 .................................
 
 No  other  facts  contained  in  the affidavits, statements, consents or
 licenses shall be  certified  by  such  town  and  city  clerks,  unless
 expressly requested in writing by the man or woman named in such affida-
 vit, license, statement or record.
   §  4.  Section  65 of the civil rights law, as added by chapter 583 of
 the laws of 1985 and subdivision 5 as added by chapter 417 of  the  laws
 of 1999, is amended to read as follows:
   §  65. Optional change of name upon marriage, divorce or annulment. 1.
 Any person may, upon marriage, elect to assume a new name  according  to
 the provisions of paragraph (b) of subdivision one of section fifteen of
 the domestic relations law.
   2.  Any person may, upon divorce or annulment, elect to resume the use
 of a former surname OR  MIDDLE  NAME  according  to  the  provisions  of
 section two hundred forty-a of the domestic relations law.
   3.  The  effect  of  the  name  changes  accomplished  in  the  manner
 prescribed in subdivisions one and two of this section shall be  as  set
 forth in section sixty-four of this chapter.
   4. Nothing in this article shall be construed to abrogate or alter the
 common  law  right of every person, whether married or single, to retain
 his or her name or to assume a new one so long as the new name  is  used
 consistently and without intent to defraud.
   5.  Notwithstanding any inconsistent provision of law, the state shall
 not impose any fee, charge, surcharge or assessment solely to change the
 surname OR MIDDLE NAME contained on a license, permit,  registration  or
 other  identifying  document  for  a  person who, because of a change in
 marital status, has assumed a new name or  reassumes  use  of  a  former
 surname as provided for in this section.
   § 5. This act shall take effect immediately.