January 5, 1988
Subject:
Motor Vehicles; Licenses; Name Change
Requested By:
William S. Hiatt Commissioner of Motor Vehicles
Question:
Does the Division of Motor Vehicles have the authority to establish a policy to require documented proof from the Register of Deeds or official court documents for a name change on driver licenses and identification cards as the only method of establishing a name change?
Conclusion:
No.
Chapter 101 of the General Statutes outlines the statutory procedure for changing the name of a person. This is the logical, most effective way to achieve a name change but, as the one appellate case that dealt with this law states, it is not the only way to effect a name change. In re Mohlman, 26 NC App 220 (1975). This case is the only case that has interpreted this statute and is still good law. As former Chief Judge Morris stated on page 225 of the opinion, "At common law, then, a person may lawfully change his name at will and assume a new name so long as it is not for a fraudulent or illegal purpose." The opinion goes on to state that this common law principle is still enforced in this State and that the statute merely provides another means of effecting a name change but is not the exclusive means. It is the opinion of this office that the Division could not require documented proof from the Register of Deeds of official court documents for a name change on the driver’s license and identification cards as the only manner of proving a name change. Other methods of satisfactory proof should be acceptable where documents of legal proceedings are not available or name was changed pursuant to common law without legal proceedings.
LACY H. THORNBURG Attorney General
Mabel Y. Bullock Assistant Attorney General