Full question:
My son is 26. From as far back as I can remember, he has used his father's last name. His father would love for his son to have his last name. The only things that are not in his father's name are his social security card and birth certificate. His birth certificate does have his father listed as such. Even his driver's license and insurance card have his father's last name listed. How do I legally do this and what do I need to get this done?
- Category: Vital Records
- Date:
- State: Maryland
Answer:
In Maryland, to change a name on a birth certificate, you may contact the Department of Health and Mental Hygiene’s Division of Vital Records (DVR) with necessary documents. If the first and last names are missing from the birth certificate, these can be added without a court order. If the first name is missing, and the last name on the record is different from the last name the person uses, the last name on the record will be updated when the first name is added. The Department of Health and Mental Hygiene will only agree to correct the record if it is satisfied that the documents submitted prove the person's name. The Department may require additional documents. For a person 7 years of age or older, two or more of the following documents may be submitted:• Baptismal or other church records
• Insurance policy;
• Hospital or clinic record;
• Physician's office record of birth;
• Pre-kindergarten record or grade-school record;
• Family Bible record;
• Record of employment;
• Record of military service;
• Marriage license;
• Record from federal census;
• Birth certificate of a child of the subject of the vital record;
• Social Security Administration record of the subject of the vital record's original application for a Social Security Number;
• Other pertinent records which meet the Secretary's approval and corroborate the name of the subject of the vital record.
Md. HEALTH-GENERAL Code Ann. § 4-214
Amendments to vital records
(a) When permitted. -- A certificate or record registered under this subtitle may be amended only in accordance with this subtitle and any rules and regulations that the Secretary adopts to protect the integrity and accuracy of vital records.
(b) Certification to Secretary; records of amendments. --
(1) If any certificate of birth, death, or fetal death is amended, the facts shall be certified to the Secretary and entered on the original certificate with the date of the amendment, over the signature or initials of a designee of the Secretary and with a line drawn through the original data.
(2) All amendments may be stored on electronic media approved by the Secretary.
(3) All copies of certificates that are amended shall contain a notation that an amendment has been made.
(4) A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the amendment, and the identity of the person making the amendment.
(5) When an informant does not submit the minimum documentation required in the regulations for amending a vital record or when the Secretary has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the Secretary shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to the Office of Administrative Hearings.
(6) (i) Except as provided in subparagraph (ii) of this paragraph, any amendments to death certificates requested beyond 3 years or more after the death shall require a court order.
(ii) The Office of the Chief Medical Examiner may amend the cause of death on a certificate of death at any time after registration without a court order.
(c) Name change. --
(1) Except as provided in § 4-211(f) of this subtitle, on receipt of a court order that changes the name of an individual who was born in this State and on request of the individual or a parent, guardian, or legal representative of the individual, the Secretary shall amend the certificate of birth to reflect the new name.
(2) The Department may change the name on a birth certificate once without a court order if, within 12 months after the birth, the Department receives from both parents of a child:
(i) A written request for the change of name; and
(ii) An affidavit that has been sworn before a notary public of this State and states that they are the parents of the child and are making this request of their own free will.
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.
