How can I legally change my son's last name to his father's?

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: 04/07/2025
• State: Maryland

Answer:

In Maryland, to change a name on a birth certificate, contact the Department of Health and Mental Hygiene’s Division of Vital Records (DVR) and provide the necessary documents. If the first and last names are missing from the birth certificate, they can be added without a court order. If the first name is missing and the last name differs from what the person uses, the last name on the record will be updated when the first name is added. The Department will require documents to prove the person's name. For individuals seven years or older, submit two or more of the following documents:

• Baptismal or other church records
• Insurance policy
• Hospital or clinic record
• Physician's office record of birth
• Pre-kindergarten 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's original application for a Social Security Number
• Other pertinent records approved by the Secretary that corroborate the name

According to Md. HEALTH-GENERAL Code Ann. § 4-214, amendments to vital records can only be made following specific rules and regulations. If a birth certificate is amended, the facts must be certified to the Secretary, and all amendments will be noted on the original certificate. If the required documentation is not submitted or is deemed inadequate, the Secretary may deny the amendment and inform the applicant of their right to appeal. Name changes require a court order unless both parents request a name change within twelve months of the child's birth, along with a notarized affidavit stating they are the child's parents and are making the request voluntarily.