A. Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname. B. The court may enter an order confirming the name of a spouse in a divorce proceeding, whether the person is the plaintiff or defendant, which confirmation shall be limited to the name that the person was using at the time of the marriage, or the name of the person's minor children, or the person's surname on the birth certificate, without complying with the provisions of R.S.13:4751 through 4755. This Article shall not be construed to allow an amendment to a birth certificate with the Bureau of Vital Statistics.
Art. 3947.Name Confirmation
Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 1. Divorce and Annulment · Last amended 2021 · Last verified July 30, 2026
In one sentenceArticle 3947 confirms that marriage does not change either spouse's legal name, permits a married person to use either or both spouses' surnames, and lets a court in a divorce proceeding confirm a party's premarital, birth-certificate, or minor child's name without following the general name-change statute, though it cannot amend a birth certificate.
Full Text of Art. 3947
Amendment History
Amended by Acts 2021, No. 259, §2, eff. 8/1/2021. Acts 1987, No. 836, §1.
Plain-English Summary
Article 3947 starts from a baseline that surprises some litigants: marriage itself does not change either spouse's legal name under Louisiana law. A married person may use the surname of either or both spouses as a matter of practice, but no automatic legal name change occurs on account of the marriage alone.
The article then gives a court handling a divorce proceeding a shortcut that would otherwise require a separate action. Whether the person confirming a name is the plaintiff or the defendant, the court may enter an order confirming the name the person used at the time of the marriage, the name of the person's minor children, or the person's surname as it appears on the birth certificate, without complying with the general name-change procedure set out in R.S.13:4751 through 4755.
That confirmation has a defined limit. Article 3947 does not authorize the court to go beyond restoring or confirming one of those three specific names, and it does not permit an amendment to the birth certificate itself with the Bureau of Vital Statistics. A party who wants a change beyond what this article covers, or an actual amendment of the birth record, has to pursue that through the separate procedures that govern it.
Frequently Asked Questions
Does getting married automatically change my legal name in Louisiana?
No. Article 3947 states that marriage does not change either spouse's name, though a married person may use either or both spouses' surnames.
Can I get my former name confirmed as part of my Louisiana divorce case?
Yes. The court may enter an order confirming the name a party used at the time of marriage, a minor child's name, or the party's birth-certificate surname, without going through the general name-change statute.
Does a name confirmation order under Article 3947 update my birth certificate?
No. The article expressly states it does not authorize an amendment to a birth certificate with the Bureau of Vital Statistics.
Do I need to file a separate name-change lawsuit after my Louisiana divorce?
Not for the specific names Article 3947 covers. A name confirmation order can be obtained within the divorce proceeding itself, without following the general name-change procedure.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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