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IN RE PETITION OF KRUZEL

No. 367.

67 Wis.2d 138 (1975)

226 N. W. 2d 458

IN RE PETITION OF KRUZEL FOR CHANGE OF NAME: KRUZEL, Appellant, v. PODELL, Circuit Judge, Respondent.

Supreme Court of Wisconsin.

Decided March 6, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Joan F. Kessler, S. C. and Neubecker, Kessler & McKnight, all of Milwaukee, and oral argument by Joan F. Kessler.

For the respondent there was a brief by Bruce C. O'Neill and Cahill & Fox, all of Milwaukee, and oral argument by Mr. O'Neill.

A brief amicus curiae was filed by Ruth Bader Ginsburg, Melvin L. Wulf and Brenda Feigen Fasteau for the American Civil Liberties Union and by Marilyn Hall Patel and Sylvia Roberts for the National Organization for Women.

A brief amicus curiae was filed by Gretchen Twietmeyer Vetzner for the University of Wisconsin Women Law Students' Association and the Olympia Brown League.

HEFFERNAN, J.

This case presents the question of whether upon marriage a woman is required by law to assume the surname of her husband. We conclude that a woman upon marriage adopts the surname of her husband by thereafter customarily using that name, but no law requires that she do so. If she continues to use her antenuptial surname, her name is unchanged by the fact that marriage has occurred.

Kathleen Rose Harney married Joseph Michael Kruzel on July 31...

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