98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2904
 
Introduced , by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:
 

 



750 ILCS 5/202  from Ch. 40, par. 202

     Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that one or both parties to a marriage may elect to change the surname by which
that party wishes to be known after the solemnization of the marriage by entering the
new surname in the space provided on the application for a marriage license. Provides that the entry on
the application shall consist of one of the following surnames: (1) the surname of the other spouse; (2) any former surname of either spouse; (3) a name combining into a single surname all or a segment of the premarriage
surname or any former surname of either spouse; or (4) a combination name separated by a hyphen or space, provided that each part of
the combination surname is the premarriage surname or former surname of either
spouse. Provides that the designation of a surname under the new provisions has the effect of providing a record of the
surname change. Provides that the marriage certificate containing the new surname, if any,
constitutes proof that the use of the new surname, or the retention of the former
surname, is lawful. Effective immediately.
  


LRB098 08585 HEP 38702 b

 
 
A BILL FOR
 

  
HB2904LRB098 08585 HEP 38702 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Marriage and Dissolution of 
5Marriage Act is amended  by changing Section 202 as follows:
 



6    (750 ILCS 5/202)  (from Ch. 40, par. 202)



7    Sec. 202. Marriage License and Marriage Certificate.)
8     (a) The
Director of Public Health shall prescribe the form 
9for an
application for a marriage license, which shall include 
10the following
information:

11        (1) name, sex, occupation, address, social security 
12    number,
date and place of birth of each party to the 
13    proposed marriage;

14        (2) if either party was previously married, his name, 
15    and the
date, place and court in which the marriage was 
16    dissolved or declared
invalid or the date and place of 
17    death of the former spouse;

18        (3) name and address of the parents or guardian of each 
19    party; and

20        (4) whether the parties are related to each other and, 
21    if so,
their relationship; and .

22        (5) a designation, in accordance with subsection (c) of 
23    this Section, of the surname which will be used as each 
 
 
HB2904- 2 -LRB098 08585 HEP 38702 b

1    party's legal surname after the marriage is solemnized.
2    (b) The Director of Public Health shall prescribe the forms 
3for
the marriage license, the marriage certificate and, when 
4necessary,
the consent to marriage.

5    (c) One or both parties to a marriage may elect to change 
6the surname by which
that party wishes to be known after the 
7solemnization of the marriage by entering the
new surname in 
8the space provided on the application for a marriage license. 
9The entry on
the application shall consist of one of the 
10following surnames:
11        (1) the surname of the other spouse;
12        (2) any former surname of either spouse;
13        (3) a name combining into a single surname all or a 
14    segment of the premarriage
surname or any former surname of 
15    either spouse; or
16        (4) a combination name separated by a hyphen or space, 
17    provided that each part of
the combination surname is the 
18    premarriage surname or former surname of either
spouse.
19    The designation of a surname under this subsection (c) has 
20the effect of providing a record of the
surname change. The 
21marriage certificate containing the new surname, if any,

22constitutes proof that the use of the new surname, or the 
23retention of the former
surname, is lawful.
24(Source: P.A. 80-923.)

  
 
25    Section 99. Effective date. This Act takes effect upon 
26becoming law.