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.