Birth Certificate Name Change - How To Go About Changing Your Name

Birth Certificate Name Change - How To Go About Changing Your Name

Discover the requirements for a birth certificate name change. For many reasons, a child may receive a last name on the birth certificate that requires changing. The mother and father might not be married at the time of the child's birth, so the child is given the mother's last name.

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The mother may not be certain who the father truly is. In addition, the mother might opt to have a child through artificial insemination and there is no named father in that instance, but when she marries later on her new husband wishes to adopt the child as his own.

Legalities of a Birth Certificate Name Change

In any birth certificate name changes, you will need to petition a family or district court. The type of court varies from region to region, so check with your local office of vital records or town/city clerk to ensure you contact the correct courthouse.

Step-by-Step Birth Certificate Name Change Process

The actual process will vary from state to state, but for an idea of what changing a name on a birth certificate entails, California regulations are being provided.

The first step would be to print out or pick up copies of the following forms:

Petition for a Name Change (known as form NC-100): You must include your child/children's current names, proposed name, relationship of the person initiating the name change request and number of attachments. Note that only the parent or legal guardian can request a name change for minor children.

Attachment to the NC-100 (NC-110): Asks for birth information for the minor child, the reason for the requested name change and name of both birth parents.

Order to Show Cause for a Name Change (NC-120): Paper that provides the date and time of your court hearing. Also gives instructions on placing a notice in the newspaper for four consecutive weeks regarding the name change and requirement that you bring the newspaper's Proof of Publication (they'll mail it to you) with you to the hearing as proof for satisfying this requirement.

Decree for Changing Name (NC-130): Court supplied paperwork that lists if the name change was approved or not. Also lists the new names of the minor children and the judges signature. You will need this paperwork when having the birth certificate information changed.

Civil Cover Sheet (Form CM-010): Form you fill out to get a hearing set up. Must check the box for Miscellaneous Other Civil Petition. If you are unsure how to answer the questions, ask a lawyer or the court clerk.

Proof of Service (NC-121): The Proof of Service form is used to provide proof that you notified everyone affected by the birth certificate name change, usually the other birth parent. This is notification that a hearing is set so that the other party can attend the hearing if desired. If you notify them through mail, you must have a certified mail receipt. If you hand deliver the notice, have the person sign a form stating they received it as proof.

You are required to pay all legal and filing fees for the birth certificate name change. If you are low income and cannot afford the financial burden, you must also fill out:

Request to Waive Court Fees (FW-001)

Order on Court Fee Waiver (FW-003)

If the Californian child is 12 or older, you also must have that child write a letter stating he/she wishes for the birth certificate name change.

Once the court hearing is complete and you have the official court papers, you will be given Form VS-23 to fill out. If you do not get this form, make sure you ask the court clerk. Fill out the form and mail it to the State of California's Office of Vital Records. You must attach a certified copy of your NC-130 and a check to cover the birth certificate name change fee, currently $20 (2009), plus $14 for a new copy of the birth certificate.

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