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The Name Equality Act of 2007

The Name Equality Act of 2007 changed California’s Marriage Laws effective January 1, 2009 - California Family Code Section 306.5.

Choose the name you want to use after marriage when you apply for your marriage license.

California’s Name Equality Act of 2007 lets each person choose the name they want to use after marriage. This law has been in effect since January 1, 2009.
(California Family Code Section 306.5.)

  • You can choose your new name when you apply for your marriage license.
  • You do not have to take the same name as your partner.
  • You do not have to change your name at all.
  • Think carefully about your name before you apply. You cannot change it later through the marriage license process.
  • The County Clerk's Office is unable to provide advice on changes to your name.

Before you start your application, read the California Department of Public Health’s brochure on the Name Equality Act of 2007.  

If you have questions, contact us at 415-473-6772 (CA Relay: dial 711) .

Important Notice

Changing your name after you apply or get married

  • If you want to change your name after the license is issued—but before you get married—you must buy a new license.
  • If you want to change your name after the marriage is complete, you must get a court order. This process can take time and may have significant cost.

To avoid delays or extra costs, decide on your name before applying for your marriage license.

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Page updated May 12, 2025