Legal name

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Legal name is often the name which an individual is called at birth or which appears on their birth certificate (see birth name) or marriage certificate (in places that have a statute allowing a name change to be recorded at marriage).

A person's legal name typically comprises their given name and a family name. The order varies according to culture and country. There are also country-by-country differences on changes of legal names by marriage, see married name.

In 1991, a Swedish couple refused to give their newborn a legal name, in protest of existing naming laws. In 1996, when fined after leaving their child legally nameless for five years, they submitted the child's name as Brfxxccxxmnpcccclllmmnprxvclmnckssqlbb11116.

United States

Most states still allow the common law of changing one's name through non-fraudulent use. This is actually the most common method, since most women who marry do not petition a court under the statutorily prescribed method, but simply use a new name (typically the husband's, a custom which started under the theory of coverture where a woman lost her identity and most rights when she married).^[1] Most state courts have held that a legally assumed name (i.e., for a non-fraudulent purpose) is a legal name and usable as their true name, though assumed names are often not considered the person's technically true name.^[2]

England

In strict English law, if there is such a thing as a "legal" surname, it is easily changed. In the words of A dictionary of American and English law, "Any one may take on himself whatever surname or as many surnames as he pleases, without statutory licence". However, this does not apply to names given in baptism. "A man may have divers names at divers times, but not divers christian names".^[3]

References

1. ^ In re Natale, 527 S.W.2d 402 (Mo. App. 1975); In re Kruzel, 226 N.W.2d 458 (Wis. 1975).
2. ^ Stuart v. Board of Supervisors, 295 A.2d 223 (Md. Ct. App. 1972); In re Hauptly, 312 N.E.2d 857 (Ind. 1974); United States v. Cox, 593 F.2d 46 (6th Cir. 1979). See also 10 U.S.C. § 1551 (2006).
3. ^ Rapalje, Stewart and Lawrence, Robert L., A Dictionary of American and English Law with Definitions of the Technical Terms of the Canon and Civil Laws (3rd edition, 1997) Vol. 2. p. 849

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