North Carolina Senate Bill S476

North Carolina 2025-2026 Regular Session

• Introduced: 3/24/25
• Refer: 3/25/25

Caption

Allow Widow/Widower To Hyphenate Name

Summary

Senate Bill 476 would amend North Carolina’s name-change statute for widows and widowers. Under current law, a surviving spouse may resume a maiden name, a premarriage surname, or the surname of a deceased or divorced spouse. The bill adds a new option allowing a widow or widower to change the person’s name to a hyphenated form combining the pre-marriage surname and the surname of the last spouse. The bill also updates the application requirements for this type of name change. An applicant would need to file with the clerk of court in the county of residence, provide the full name of the last spouse, and include a death certificate for the deceased spouse. If the requested name change is to the surname of a previously divorced spouse who is still living, the bill requires that spouse’s signed affidavit consenting to the change. The clerk of court would continue to record and index these applications as required by the Administrative Office of the Courts.

Impact

If enacted, the bill would expand the legal name-change options available to surviving spouses in North Carolina and amend G.S. 101-8 accordingly. It would not create a new general name-change process, but would modify the specific procedure for widows and widowers seeking to resume or alter their names after a spouse’s death or divorce. The affected parties are surviving spouses, clerks of court, and, in some cases, living former spouses whose consent would be required.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be a narrowly tailored, administrative change with no documented opposition in the available record. The bill’s title and language suggest a practical, low-conflict effort to give surviving spouses more flexibility in how they identify themselves after widowhood. No committee transcripts or vote history were provided showing formal support or resistance.

Contention

The main substantive issue is the scope of the new name-change option and the documentation required to use it. The bill allows a hyphenated surname combining the pre-marriage name and the last spouse’s surname, which may be viewed as a modernization of existing law. A potential point of concern is the affidavit requirement when the requested surname belongs to a living, previously divorced spouse, since that adds a consent step that could limit access in some cases. No specific legislators, agencies, or advocacy groups were identified in the provided materials as taking opposing positions.