§ 65. Optional change of name upon marriage, divorce or annulment. 1. Any person may, upon marriage, elect to assume a new name according to the provisions of paragraph (b) of subdivision one of § 15 of the domestic relations law.

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2. Any person may, upon divorce or annulment, elect to resume the use of a former surname or middle name according to the provisions of § 240-a of the domestic relations law.

3. The effect of the name changes accomplished in the manner prescribed in subdivisions one and two of this section shall be as set forth in section sixty-four of this article.

4. Nothing in this article shall be construed to abrogate or alter the common law right of every person, whether married or single, to retain his or her name or to assume a new one so long as the new name is used consistently and without intent to defraud.

5. Notwithstanding any inconsistent provision of law, the state shall not impose any fee, charge, surcharge or assessment solely to change the surname or middle name contained on a license, permit, registration or other identifying document for a person who, because of a change in marital status, has assumed a new name or reassumes use of a former surname as provided for in this section.