Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.02.75 - RULES GOVERNING NAMES ON DRIVERS' LICENSES AND IDENTIFICATION CARDS
Section 39.02.75.200 - CRITERIA

Universal Citation: ID Admin Code 39.02.75.200

Current through August 31, 2023

01. Legal Name. The name on the certified original birth certificate will be used unless a name changes due to: (3-31-22)

a. Marriage; (3-31-22)

b. Divorce; or (3-31-22)

c. Court Order. (3-31-22)

02. Stepparents' Name. An applicant is not allowed to use a stepparent's last name, except by court order or other documents may be accepted to change a name, on approval by the Idaho Transportation Department. (3-31-22)

03. Driver's License and Identification Card Names. The name printed on the driver's license or identification card will be maintained in the Idaho Transportation Department records in the following order:

(1) Last name,

(2) First name,

(3) Middle name,

(4) Designator (if applicable (see Subsection 200.04)). An applicant may not have a driver's license and an identification card in different names. An applicant may add a middle name by providing a certified original copy of the applicant's: (3-31-22)
a. Birth Certificate; (3-31-22)

b. Court Order; or (3-31-22)

c, Divorce Decree. (3-31-22)

04. Designations of Names. The designations of I, II, III, etc., will become first (1st), second (2nd), third (3rd), etc., and will appear after the middle name. The designators of JR and SR (no periods allowed) will be permitted and will appear after the middle name. The JR and SR designators will be permitted only if there is proof that the other individual exists, by way of an original certified copy of a birth certificate. (3-31-22)

05. Married Applicant's Name. (3-31-22)

a. A married applicant is permitted to use to use either their birth last name or the birth last name of their spouse as the last name or as the middle name, or may hyphenate their current last name with their spouse's last name to form the last name. In no case under any of these stated options shall any applicant have more than one (1) hyphen in their last name. (3-31-22)

b. Married applicants may choose to use different hyphenated last names. (3-31-22)

c. Married applicants who choose to have the same hyphenated last name may hyphenate their last names in any order. (3-31-22)

d. Married applicants who already have hyphenated last names may: (3-31-22)
i. Use the hyphenated name of their spouse or retain their own hyphenated name; or (3-31-22)

ii. Combine part of their own hyphenated name and part of the hyphenated name of their spouse. (3-31-22)

e. An applicant who is established in department records with a hyphenated last name due to marriage and wants to drop the first part or the second part of the hyphenated name must provide, as required by the department, the following: (3-31-22)
i. A certified copy of a birth certificate; and/or (3-31-22)

ii. A certified copy of a marriage certificate; and/or (3-31-22)

iii. A certified copy of a divorce decree; and/or (3-31-22)

iv. A certified copy of a death certificate. (3-31-22)

06. Divorced Applicant's Name. A divorced applicant who wants to use their original birth last name, or a surname from a previous marriage, but does not have a divorce decree indicating the new name, is allowed to submit the following documents to the County Sheriff or the Idaho Transportation Department: (3-31-22)

a. Original certified copy of the birth certificate showing the original last name; or (3-31-22)

b. Original certified copies of the marriage certificate and the divorce decree, as evidence to change the name. (3-31-22)

07. Applicant's First Name. An applicant is not allowed to change their first name except by court order. (3-31-22)

08. Common Law Marriage. Common law marriages created prior to January 1, 1996 will, for the purposes of this rule, be treated as a valid marriage. An affidavit of agreement is required, which includes: (3-31-22)

a. The signatures of both the husband and the wife; (3-31-22)

b. The date they became married under common law; and (3-31-22)

c. Other documents verifying the marriage (subject to the approval of the Idaho Transportation Department). (3-31-22)

09. Change of Name on Record. Once a name is established in the Idaho Transportation Department records, a court order, marriage license, or divorce decree will be required to change the name and record. (3-31-22)

10. Titles or Nicknames. An applicant is not allowed to use titles or nicknames. (3-31-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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