You asked whether, under state law, proof of marriage (a marriage license) alone would
                  be sufficient documentation for a married couple to adopt either party's surname,
                  a hyphenated version of their names, or a different name altogether. For the reasons
                  that follow, we believe that, in each of the six states comprising our region (Illinois,
                  Indiana, Ohio, Michigan, Minnesota, and Wisconsin), a married couple or either member
                  of the couple may take any last name of his or her choosing, so long as the person
                  is not taking that name for fraudulent reasons.
               
               DISCUSSION
               Introduction
               The state statutes of the states at issue contain no express language addressing a
                  married individual's right to change his or her name. However, each of the states
                  has adopted the common-law rule that anyone is free to change his or her name without
                  resort to the courts, so long as the individual is not changing the name for fraudulent
                  purposes. As such, we believe that either party to a legal marriage may change his
                  or her last name to the other party's last name, or that each party can change his
                  or her last name to an agreed-upon different last name, so long as the motive for
                  the change is free of fraud.
               
               Illinois
               In Illinois, it appears that a married couple can take any last name of their choosing.
                  The Illinois Supreme Court has held: “At common law, and in the absence of statutory restriction, an individual may lawfully
                  change his name without resort to any legal proceedings, and for all purposes the
                  name thus assumed will constitute his legal name just as much as if he had borne it
                  from birth.” Reinken v. Reinken, 184 N.E. 639, 640 Ill. (1933). Furthermore, the Illinois statute that provides a
                  procedure by which a name change may be accomplished by court decree is “not exclusive but [is] merely permissive, and [it does] not abrogate the common law
                  right of the individual to change his name without application to the courts.” Id. Since Illinois has no statute to the contrary, a married individual may choose any
                  last name, so long as the individual is not doing so for fraudulent purposes.
               
               Indiana
               In Indiana, it appears that a married couple can take any last name of their choosing.
                  Relying entirely on the Indiana Supreme Court's holding in Petition of Elizabeth Marie Hauptly, 312 N.E.2d 857 (1974), the Indiana appellate court held: “At common law and today, in the absence of a statute to the contrary, an individual
                  may change his name at will so long as the change is not effected for a fraudulent
                  purpose.” D.R.S. v. R.S.H, 412 N.E.2d 1257, 1262 (1980). Furthermore, the Indiana statute that provides a procedure
                  by which a name change may be accomplished by court decree “does not repeal the common law rule; it merely furnishes an additional method of effecting
                  a name change.” Since Indiana has no statute to the contrary, a married individual may choose any
                  last name, so long as the individual is not doing so for fraudulent purposes.
               
               Michigan
               In Michigan, it appears that a married couple can take any last name of their choosing.
                  The Michigan appellate court has held:
               
               Under the common law a person may adopt any name he or she wishes, without resort
                  to any court and without any legal proceedings, provided it is not done for fraudulent
                  purposes. There is no requirement that any person go through the courts to establish
                  a legal change of name. . . .In Michigan, as in most states, a statute authorizes
                  procedures by which a court can, upon petition, change the name of any person. Such
                  change-of-name statutes do not abrogate or supersede the common law. To the contrary,
                  they affirm the common law right and afford an additional method by which a name change
                  may be effected as a matter of public record. Piotrowski v. Piotrowski, 247 N.W.2d 354, 355 (1976). Thus, a married individual in Michigan may choose any
                  last name, so long as he/she is not doing so for fraudulent purposes.
               
               Minnesota
               In Minnesota, it appears that a married couple can take any last name of their choosing.
                  In Application of Dengler, 287 N.W.2d 637 (1979), Petitioner appealed from the district court's denial of his
                  application to change his last name under the Minnesota name-change statute to the
                  numeral 1069. The Supreme Court affirmed the district court's holding, reasoning that
                  “it was not the intention of the legislature in adopting Minn Stat. §§ 259.10, 11(1978)
                  to authorize a court order which changes to a numeral an alphabetical 'name'” Id. at 639.
               
               The Court, however, adopted the rule that “at common law a person may change his name at will, without resort to legal proceedings,
                  by merely adopting another name, provided that this is done for an honest purpose
                  [and that] where this subject [is] regulated by statute. . . such legislation is merely
                  in aid of the common law and does not abrogate it.” Id. (citation omitted). As such, the Court held: “As we have indicated, the appellant is at liberty to enjoy his common law right to
                  the use of numerals as his name, as long as he is willing to endure the inconvenience
                  which is attendant on asserting that right.” Id. Therefore, a married individual in Minnesota may legally take any last name of their
                  choosing, so long as he/she is not doing so for fraudulent purposes; however, if the
                  married individual chooses numerals, that name could not be sanctioned by the state
                  of Minnesota via a court order.
               
               Ohio
               In Ohio, it appears that a married couple can take any last name of their choosing.
                  In re Bicknell et al, 771 N.E. 2d 846 (2002), Petitioners, a cohabitating same-sex couple, sought to change
                  both of their last names to one that contained letters from both of their surnames.
                  Relying on the common law rule that “a person may adopt any name he may choose so long as such change is not made for fraudulent
                  purposes,” the Ohio Supreme Court held: “It is clear that appellants have no criminal or fraudulent purpose for wanting to
                  change their names.  They are not attempting to evade creditors or to create the appearance
                  of a state-sanctioned marriage. Accordingly, we hold that appellants' name change[s].
                  . . are reasonable and proper.” Id. at 849. Because a same-sex couple was permitted to adopt a last name combining
                  their two surnames, a married couple could do the same, as well as choose any other
                  name, so long as they were not doing so for fraudulent purposes.
               
               Wisconsin
               In Wisconsin, it appears that a married couple can take any last name of their choosing.
                  In Kruzel v. Podell, 226 N.W 2d 458,462 (1975) the Supreme Court of Wisconsin held that: “in accordance with the common law of this state, as frequently explained by the Attorney
                  General, a change of name results from marriage only if, in accordance with common
                  law principles, the surname of a married woman's husband is habitually used by her.” In so holding, the Court explained that “[t]his is no more than the recognition of a common law rule that a person could change
                  his name if it was not done for the purpose of fraud.” Finally, The Court concluded that the statutes of Wisconsin “merely affirm, and do not abrogate, the common law.” Id. at 465. The Court continued: “[T]he common law should be permitted to operate unless evidence is put forward to
                  show that some fraud or deception is intended by a change of name. . . .” Id. Since a husband and wife can legally have different last names, and since an
                  individual (regardless of marital status) can change his or her name at will, we believe
                  that a married individual in Wisconsin can take any last name of their choosing so
                  long as the individual habitually uses it and did not choose it for purposes of fraud.
               
               CONCLUSION
               Thus we conclude that in all six states of this region an individual can change his
                  or her name to any name he or she so chooses, so long as it is not for a fraudulent
                  purpose.
               
               Gary A. S~
Acting Chief Counsel, Region V
               
               By:
Yusef A. D~
Assistant Regional Counsel