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Surname of women

King Henry VIII of England (reigned 1509–1547) ordered that marital births be recorded under the surname of the father. In England and cultures derived from there, there has long been a tradition for a woman to change her surname upon marriage from her birth name to her husband's family name. (See Maiden and married names.)

In the Middle Ages, when a man from a lower-status family married an only daughter from a higher-status family, he would often adopt the wife's family name. In the 18th and 19th centuries in Britain, bequests were sometimes made contingent upon a man's changing (or hyphenating) his family name, so that the name of the testator continued.

The United States followed the naming customs and practices of English common law and traditions until recent times. The first known instance in the United States of a woman insisting on the use of her birth name was that of Lucy Stone in 1855, and there has been a general increase in the rate of women using their birth name. Beginning in the latter half of the 20th century, traditional naming practices (writes one commentator) were recognized as "com into conflict with current sensitivities about children's and women's rights". Those changes accelerated a shift away from the interests of the parents to a focus on the best interests of the child. The law in this area continues to evolve today mainly in the context of paternity and custody actions.

Naming conventions in the US have gone through periods of flux, however, and the 1990s saw a decline in the percentage of name retention among women. As of 2006, more than 80% of American women adopted the husband's family name after marriage.

It is rare but not unknown for an English-speaking man to take his wife's family name, whether for personal reasons or as a matter of tradition (such as among matrilineal Canadian aboriginal groups, such as the Haida and Gitxsan). Upon marriage to a woman, men in the United States can change their surnames to that of their wives, or adopt a combination of both names with the federal government, through the Social Security Administration. Men may face difficulty doing so on the state level in some states.

It is exceedingly rare but does occur in the United States, where a married couple may choose an entirely new last name by going through a legal change of name. As an alternative, both spouses may adopt a double-barrelled name. For instance, when John Smith and Mary Jones marry each other, they may become known as "John Smith-Jones" and "Mary Smith-Jones". A spouse may also opt to use their birth name as a middle name, and e.g. become known as "Mary Jones Smith". An additional option, although rarely practiced, is the adoption of the last name derived from a blend of the prior names, such as "Simones", which also requires a legal name change. Some couples keep their own last names but give their children hyphenated or combined surnames.

In 1979, the United Nations adopted the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which declared in effect that women and men, and specifically wife and husband, shall have the same rights to choose a "family name", as well as a profession and an occupation.

In some places, civil rights lawsuits or constitutional amendments changed the law so that men could also easily change their married names (e.g., in British Columbia and California). Québec law permits neither spouse to change surnames.

In France, until 1 January 2005, children were required by law to take the surname of their father. Article 311-21 of the French Civil code now permits parents to give their children the family name of either their father, mother, or hyphenation of both – although no more than two names can be hyphenated. In cases of disagreement, both names are used in alphabetical order. This brought France into line with a 1978 declaration by the Council of Europe requiring member governments to take measures to adopt equality of rights in the transmission of family names, a measure that was echoed by the United Nations in 1979.

Similar measures were adopted by West Germany (1976), Sweden (1982), Denmark (1983), Finland (1985) and Spain (1999). The European Community has been active in eliminating gender discrimination. Several cases concerning discrimination in family names have reached the courts. Burghartz v. Switzerland challenged the lack of an option for husbands to add the wife's surname to his surname, which they had chosen as the family name when this option was available for women. Losonci Rose and Rose v. Switzerland challenged a prohibition on foreign men married to Swiss women keeping their surname if this option was provided in their national law, an option available to women. Ünal Tekeli v. Turkey challenged prohibitions on women using their surname as the family name, an option only available to men. The Court found all these laws to be in violation of the convention.

From 1945 to 2021 in the Czech Republic women by law had to use family names with the ending -ová after the name of their father or husband (so-called přechýlení). This was seen as discriminatory by a part of the public. Since 1 January 2022, Czech women can decide for themselves whether they want to use the feminine or neutral form of their family name.