Adopting the Spouse's Surname After Marriage in Iranian and American Legal Systems

Having an independent name can be considered as one of the symbols of self –independency and autonomy­; ­since the independent person is enjoying the benefit of an independent name. From this perspective, both Iranian and American legal systems have developed an effort to grant women the benefit of an independent name to be recognized as a part of their individual identity. However it has not always been this way. In the American legal system, even till the beginning of the 70s of the 20th century, the family name of a woman automatically changed to that of the husband's by marriage. In the Iranian legal system, although there is no evidence of the imposition of the husband's family name on the wife, in fact, till 1355, it was the man who chose the surname of his family including his wife. Both legal systems have developed during recent decades; In beginning of the 1970's to support women independence the American legal system gave women the freedom to keep their maiden name or choose their husband family name. Also, in the Iranian legal system, since all people can choose their family names, there is no more imposition on behalf of the husband regarding his wife's change in family name. Based on a comparative approach, the present essay studies the legal regime governing the name-changed in both Iranian and American legal systems.