HB2904 98TH GENERAL ASSEMBLY

LRB098 08585 HEP 38702 b

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 202 as follows:

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

Sec. 202. Marriage License and Marriage Certificate.)

(a) The Director of Public Health shall prescribe the form for an application for a marriage license, which shall include the following information:

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

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

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

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

(5) a designation, in accordance with subsection (c) of this Section, of the surname which will be used as each party's legal surname after the marriage is solemnized.

(b) The Director of Public Health shall prescribe the forms for the marriage license, the marriage certificate and, when necessary, the consent to marriage.

(c) 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. 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.

The designation of a surname under this subsection (c) has the effect of providing a record of the surname change. 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.

(Source: P.A. 80-923.)

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