Affidavit of Name Change

An Affidavit of Name Change in the United States confirms specified facts through a signed declaration sworn before a commissioner for oaths or notary.

The legal mechanisms for name changes in the United States vary by jurisdiction and purpose. Marriage-based name changes are the most common route: upon lawful marriage, either spouse may adopt the other's surname, a hyphenated combination, or a newly created surname in most states without any court proceeding. The marriage certificate itself — issued by the county clerk, circuit clerk, or equivalent official — serves as the primary legal authority for all subsequent record updates. The Affidavit of Name Change summarizes and certifies the transition between names for institutions that require a sworn statement rather than, or in addition to, the underlying document.

Divorce-based name changes are authorized under state family law statutes. California Family Code § 2080, Texas Family Code § 6.706, and Florida Statutes § 61.052(1)(b) all authorize state courts to restore a party's former or maiden name upon divorce on the party's request. The divorce decree — issued by the Superior Court in California, the District Court in Texas, or the Circuit Court in Florida — serves as the legal authority for the name restoration. The Affidavit of Name Change documents the transition for financial institutions, employers, and licensing boards.

Court-ordered name changes outside of marriage and divorce are governed by state name change statutes. California Code of Civil Procedure §§ 1275–1279.6 requires a petition filed in the Superior Court, a publication requirement in a newspaper of general circulation, and a court hearing. New York Civil Rights Law §§ 60–65 imposes similar procedural requirements. Illinois 735 ILCS 5/21-101 et seq. governs Illinois name change petitions. Once the court issues the Order for Name Change, the order is the authoritative instrument, and the affidavit serves to recap the change for specific record-update transactions.

The Social Security Administration (SSA) processes name changes upon receipt of SSA Form SS-5 and underlying legal documentation — marriage certificate, divorce decree, or court order. The SSA does not accept affidavits as the primary instrument. However, the US Department of State Passport Agency accepts the name change documentation and the DS-5504 form (for recently issued passports) or DS-11 (for new passport applications) to reflect the new legal name on a US passport. State Departments of Motor Vehicles — including California DMV, Texas DPS, New York DMV, and Florida DHSMV — each maintain their own documentary requirements for driver's license name changes, and some accept sworn affidavits to supplement the underlying legal document.

An Affidavit of Name Change differs from a Name Change Petition (the court filing that initiates a judicial name change proceeding) and from a Statement of Name Change (a non-sworn administrative form used by some institutions). Only the sworn affidavit carries the legal weight of a declaration under penalty of perjury, which is why it is required by institutions that need the strongest form of certification.

An Affidavit of Name Change is needed across the United States when a person whose legal name has changed must certify that change to institutions that require sworn documentation rather than, or in addition to, the underlying legal instrument.

After marriage, individuals who wish to update their name on financial accounts, professional licenses, employer records, and credit files may use an Affidavit of Name Change as a convenient certification supplement to the marriage certificate. Banks and credit unions, stock brokerages, and insurance companies often request a sworn affidavit before updating account holder names on file.

After a divorce that includes a name restoration order, the divorce decree is the primary authority, but some states' courts issue decrees that do not prominently feature the name restoration order. An Affidavit of Name Change referencing the decree and its name restoration provision helps institutions locate and verify the relevant clause.

After a court-ordered name change — particularly for transgender individuals updating their legal name under state court procedures — the court order is the primary instrument. However, when updating records with an employer's HR department, a professional licensing board (State Bar, State Medical Board, Real Estate Commission), or an educational institution, a sworn Affidavit of Name Change summarizes the change in a single-page document that is easier to process than a multi-page court order.

For name updates with the California DMV (requiring a completed DL 44 form and evidence of legal name), the Texas DPS (requiring a certified copy of the underlying document), the Florida DHSMV (requiring legal documentation), and similar agencies in all 50 states, the Affidavit of Name Change provides a concise sworn certification that agencies may accept as supplementary documentation.

For federal agency records — including the Internal Revenue Service (IRS), which requires a written signed notification when a name change occurs between tax filings, and the US Citizenship and Immigration Services (USCIS), which requires updated name documentation for aliens seeking adjustment of status or naturalization — a sworn Affidavit of Name Change provides a clear, dated, and authenticated record of the transition.

Professionals holding licenses from state boards — attorneys licensed by a State Bar Association, registered nurses licensed by a State Board of Nursing, certified public accountants licensed by a State Board of Accountancy — typically must notify the licensing board of any legal name change and may be required to submit sworn documentation as part of the update process.

A legally effective Affidavit of Name Change for United States purposes must contain the following provisions to be accepted by government agencies, financial institutions, and licensing boards.

The affiant identification section must state the affiant's full former legal name (the name being changed from), date of birth, Social Security number (if required by the institution), and current residential address. The former legal name should match exactly the name as it appears on the underlying legal instrument — marriage certificate, divorce decree, or court order — to avoid discrepancies.

The new legal name section must state the full new legal name the affiant is adopting, exactly as they wish it to appear on updated records. Middle names, suffixes (Jr., III), and hyphenated surnames should be spelled out in full.

The legal basis section identifies the specific legal authority for the name change — the date and location of the marriage and the issuing county clerk's certificate number; the date and case number of the divorce decree and the court that issued it; or the date, case number, and court of the order for name change. This section should cite the specific provision of state law under which the name change was authorized, such as California Code of Civil Procedure § 1278 for a court-ordered change or California Family Code § 2080 for a divorce-based restoration.

The purpose and institutions section identifies the specific purpose for which the affidavit is being submitted and, optionally, the institutions to which it is being presented — for example, "for the purpose of updating name records with [Institution Name]" — personalizing the affidavit to the specific transaction.

The sworn declaration states that the affiant makes the foregoing statements under penalty of perjury as defined by the laws of the relevant state, that all information is true and correct to the best of their knowledge, and that the change is not being made for any fraudulent purpose. The declaration should cite the applicable perjury statute — 18 U.S.C. § 1621 for federal purposes, or the relevant state statute such as California Penal Code § 118.

The affiant's signature, printed former name, printed new name, and date of execution complete the document. The notarization block — including the Notary Public's signature, official seal, county and state of commission, and commission expiration date — authenticates the sworn declaration. For international use, an apostille under the Hague Convention may be required to authenticate the notary's credentials for foreign institutions.