2023 House Bill 5389

Courts: other; filing fee for name change; modify under certain circumstances.

A bill to allow 1 or both parties to a marriage to change the individual’s name as part of the solemnization of the marriage; and to prescribe the powers and duties of certain state departments and agencies.

AI Analysis – Experimental

House Bill No. 5389 is designed to facilitate the process for individuals in a marriage to change their middle or surname during the marriage solemnization process without the intent to defraud. Named the "Michigan name equality act," it clarifies that married parties are not required to share the same surname, nor does any name change occur automatically upon marriage. The act allows for a variety of surname options, including adopting the spouse's current or birth surname, a combination or hyphenation of these, or selecting a completely different surname. It details the process for reflecting name changes on marriage licenses and certificates, which will serve as legal proof of the name change. The act sets a uniform fee for marriage-related name changes and requires decisions about name changes to be made at the time of marriage license issuance, with amendments permitted only for correcting clerical errors. Additionally, it specifies that amendments must be signed by one of the marriage parties and the county clerk or their designee, specifically for correcting clerical errors made by the issuing authority. Importantly, the act preserves the right for individuals to adopt a different name through usage or petition the court for a name change under state laws.