TN 1 (03-07)

A. PR 07-072 Name Change Arising from a Same-Sex Civil Union in New Jersey

DATE: February 16, 2007

1. SYLLABUS

An individual who enters a civil union in the State of New Jersey may legally change his or her name without a court order.

2. OPINION

You asked us to determine whether an individual who enters into a civil union in the State of New Jersey may legally change his or her name based solely upon the civil union event or whether a court order is required to effectuate the proposed name change. Recently enacted New Jersey legislation legalizing civil unions specifically allows for the right to change surnames based upon a civil union event without a court order. Accordingly, an individual who enters a civil union in the State of New Jersey may legally change his or her name without a court order.

LAW

The new legislation added a list of legal benefits, protections and responsibilities of spouses that shall apply in like manner to the parties to a civil union, including the “right of a spouse to a surname change without petitioning the court.” S. 3787, 212th Leg. (N.J. 2006).

By way of background, the New Jersey Supreme Court noted in Lewis v. Harris that “without the benefits of marriage, some plaintiffs have had to endure the expensive and time-consuming process of . . .legal surname changes.” Lewis v. Harris 188 N.J. 415, 448; 908 A.2d 196, 215 (2006). The Court in L~ concluded that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by married opposite-sex couples. The Court mandated that New Jersey legislature either amend the marriage statute to include same-sex couples, or create a separate statutory structure, such as a civil union. Id. at 457, 221.

CONCLUSION

The New Jersey civil union will be acceptable as a name change event where the event itself is sufficient for a name change.

Barbara L. S~
Chief Counsel, Region II
By:______________
Suzanne M. H~
Assistant Regional Counsel