Legal Question in Business Law in California

"A passport book and card in this alias name is desirable; other federal form of identification in this alias name should suffice. It should provide access to all forms of travel without revealing my true name, but still remain above board for all matters to do with citizenship rights, federal, state and local police requirements."

You can't do that. The federal govenrment will not issue a person official passport documents and other documents in a name that is not your true name. Unless you were in the Witness Protection program or something like that. Or unless, for example, an immigrant is approved for a green card, but requests that the card is issued under a slightly different spelling or shortened version of his true name (I have seen that happen at immigration interviews).

In California, it is well-established law that a person can adopt and use whatever name he or she chooses. For citations to this principle, see the cases entitled Cabrera v. McMullen (1988) 204 Cal.App.3d 1, and In re Ritchie (1984) 159 Cal.App.3d 1070.

There are a couple limitations and footnotes on this:

First, no one can properly flip-flop his or her name for an improper purpose, such as evading arrest or committing a fraud.

Next, there is a formal process for changing one's name "legally," but it's unnecessary to use the process. It's just there to use if you want, and does have the beneficial effect of getting the name change into the public records, which can be helpful in doing the ordinary tasks of life, such as getting a driver's license. It is part of the California Code of Civil Procedure; see sections 1275-1279.6.

Third, informally-adopted names are not accepted everywhere, even though "legal" to use.

There is no formal process, and no forms, for creation of an "alias" per se, but the law does give at least some formal recognition to nicknames, pen names, aliases and stage names. As one judge said, if you sue Mark Twain and Samuel L. Clemens shows up in court, you have your man (to paraphrase a bit; see the Pinkerton case at 49 Cal.App.4th 1342).

Most people who regularly globetrot around the world under an alias have either formally adopted the alias as their new, legal name under a process in their state similar to the one set forth in our Code of Civil Procedure, or they have a passport in their birth name. I can't tell you whether Norma Jean Baker's passport said "Marilyn Monroe" or not; but doubtless at some point she needed to make a decision.

In this context, note that celebrities using stage names have plenty of money and use lawyers all the time to handle their business affairs, public relations, contracts and money, so they have people to deal with the problems created by using a stage name. Do you suppose Marilyn got advice before not signing "Norma Jean" to her film contracts?

I'm pretty sure the Passport Agency will NOT let an applicant have a passport under a name different than their current legal name, meaning birth name, married name, or new name adopted by formal process of law. I could be wrong about this.......they may accept the informal new name after passage of years. They will also put your alias on your passport IN ADDITION TO your legal name, but not alone.

So, to sum up, you can change your name yoursef, and that's adequate for most purposes, but not for strict outfits like the Passport Agency, and there is NO formal process for adopting an alias or alternate name, but they are legally recognized for many purposes.

If you wish a reliable legal opinion at a reasonable fee, then contact me directly.