Okla. Admin. Code § 260:135-5-16

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-16 - Procedure to make a change of name on a driver license or an identification card

(a)Procedure. Any person may request a change of name on a driver license or identification card upon providing the appropriate identification and paying the required fee to a Licensed Operator or to Service Oklahoma.

(b)Name changes allowed. Name changes must result from:

(1) a marriage;

(2) a court order; or

(3) using a valid, unexpired U.S. Passport. A person requesting a legitimate name change shall submit, without exception, the certified document which indicates the name change.

(c)Documentation required. A person requesting a name change using a marriage certificate, common law affidavit, or court order shall comply with the identification requirements in OAC 260:135-5-3(b) and OAC 260:135-5-3(c) in order to identify the person by his or her former name and OAC 260:135-5-10 in order to identify the person by his or her new name. The required documents for a name change shall include:

(1) Court-ordered name change, which shall be in addition to the forms of identification required by OAC 260:135-5-3(b) and OAC 260:135-5-3(c). Only the following types of court orders may be considered when a name change is requested:

(A) divorce decree,

(B) adoption decree,

(C) name change decree, or

(D) establishment of record of birth, pursuant to 63 O.S. §1-315,

(2) Marriage certificate, which may serve only as the secondary form of identification required by OAC 260:135-5-3(b). For a marriage certificate issued in Oklahoma, the name change shall be to the name signed by the person on the marriage certificate, or

(3) For a common law marriage, "Affidavit of Common Law Marriage" containing the notarized signatures of the husband and wife. Identification as prescribed in OAC 260:135-5-3(b) and OAC 260:135-5-3(c) must be submitted in addition to this affidavit.

(4) REAL ID Compliant credential issued by another state, or

(5) A valid military identification card.

(d)Form of new name. A name change resulting from marriage, court order, or divorce shall appear on the driver license or identification card exactly as stated on the Oklahoma marriage certificate, court order, or divorce decree. If the marriage certificate is from a state other than Oklahoma, the names shall be in one of the following forms:

(1) [Surname of spouse], [first name] [middle name or initial],

(2) [Surname of spouse], [first name] [former surname or initial],

(3) [Surname-surname of spouse] [first name] [middle name or initial], or

(4) [Surname of spouse-surname], [first name] [middle name or initial].

(e)Titles or ecclesiastical names. Titles or ecclesiastical names will not be placed on an Oklahoma credential.

(f)Retention of information. The former name shall be entered into the "Alias" field in the driver license or identification card database to provide historical information to Service Oklahoma.

Okla. Admin. Code § 260:135-5-16

Transferred from 595:10-1-35 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023