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Kansas recently enacted a statute which essentially codifies the common law and expressly permits either party to a marriage to change his or her name at the time of marriage. Based on the current language of the statute this type of name change is permissible.


BASIC (10-05)DATE: August 28, 2007Kansas law permits a man or woman to change his or her name upon marrying to a combination of the person's prior existing name, the spouse's prior existing name, a derivative version of the spouse's existing name or a wholly different name at the time of marriage (including a change to the first name). For United States residents, a legal name change based on a United States marriage is dependent on the laws of the State where the marriage occurred. A marriage certificate is generally acceptable evidence for a legal name change, and if the state where the marriage takes place recognizes marriage as an acceptable name-changing event for the husband, SSA will change the surname of the husband. Kansas previously followed the common law of England, see Kan. Under the common law, a person has the right to assume any name he or she lawfully chooses. Please advise this office if you would like a legal opinion updating the law in all four states. S~ III Chief Counsel, Region VII By__________ Kristin L. Historically, the husband and wife customarily adopted the name of the spouse with the most property and since men typically held more property than women, most women took the husband's name. See Missouri Department of Revenue - How Do I, available at 4/24/03). The member of the married couple must list the name he or she intends to use after marriage on the marriage license. E~ Assistant Regional Counsel DATE: April 29, 2003The Kansas City Region VII OGC responded to a request for a legal opinion on whether a marriage certificate was acceptable evidence of name change when a man wishes to change his surname (last name) to that of his wife after marriage. There is nothing in Missouri law or custom to prohibit a husband from adopting his wife's surname at the time of marriage.


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