Can I Change My Name by Usage in Illinois?

Q: What is the 5 year rule for CRBA?

The 5-year rule for a Consular Report of Birth Abroad (CRBA) refers to the requirement that parents must apply for the CRBA within 5 years of the child's birth. If you miss this window, you may need to provide additional documentation to prove citizenship. It's advisable to apply as soon as possible to avoid complications.

Full question:

I was born in Chicago, Illinois in 1954 with both parents being native born US citizens. My last name on my birth certificate is Brzuskiewicz. In 1962 when I started grade school my parents were already going by the name of Brush. So I am now 56 years old and all my idenification : Social security, drivers license, IRS records, medical records, school records, employment, credit, selective service... everything is Brush.. I have researched online and believe this is called name change by usage. If i understand this correctly it is legal. However for I9 verification I need a birth certificate to prove I was born here. I know I can do a court ordered name change but how can I obtain a copy of my real birth certificate to begin the process if I can't prove I was born with that name. Is name change by usage really legal? Legal in Illinois? My brother recently moved to Michigan and is having problems there as well and cannot get a new drivers license there. Do we need to do a formal name change when every important govt agency etc., know us only by Brush. Please advise.

Category: Name Change
Date: 04/07/2025
State: Illinois

Answer:

Most states allow one to legally change his name by usage with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change. If the IL records officials are requiring additional documentation to obtain a copy of your birth certificate which you cannot provide, it may be necessary to have a court ordered name change, which can be used to change your birth certificate. You may also want to have the court include in its order of name change an order for your birth certificate to be amended. You may need to gather whatever evidence you have of your birth name to submit to the court, which may include items from family members or affidavits from parents or other relatives.

Please see the information at the following links:

http://www.idph.state.il.us/vitalrecords/birthorder.htm
http://www.idph.state.il.us/vitalrecords/correctioninfo.htm
http://www.idph.state.il.us/vitalrecords/pdf/Affidavit_Cert_Correction.pdf

Please see the following IL statutes:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XXI&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=62686&SeqStart=120000000&SeqEnd=120500000&ActName=Code+of+Civil+Procedure%2E

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to get a certificate of birth abroad?

To obtain a certificate of birth abroad, you typically need to contact the U.S. embassy or consulate in the country where you were born. They can provide guidance on the necessary documents, such as proof of citizenship and your parents' identification. You may also need to fill out specific forms and pay a fee. It's important to check the embassy's website for detailed instructions and requirements.