Full question:
My husband wants to change the name of our 7-month-old baby on her birth certificate. Is a court order required for the name change? How can we change without a court order?
- Category: Vital Records
- Subcategory: Birth Certificates
- Date:
- State: Maryland
Answer:
Yes, you can change the name of your daughter in birth certificate without a court order since she is less than 12 months of age. The Department of Health can change the name on a birth certificate without a court order if it is within 12 months after the birth of the child. For that purpose, both your husband and you have to make a written request for the change of name to the Department together with an affidavit that has been sworn before a notary public. The affidavit must state that you are the parents of the child and are making this request of their own free will.The following are the Maryland statutes in this regard:
§ 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.