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Can a person change his birth certificate name using a court order of another state?

Can a person change his birth certificate name using a court order of another state?

Full question:

My birth certificate name is different from that of my social security card. I’ve changed my birth certificate name to the name in my social security card name through a court in Indiana. How do I get my birth certificate name to match with my new social security card name in California?

Category: Vital Records
Subcategory: Birth Certificates
Date: 04/07/2025
State: California

Answer:

You can change your name to the altered name. You have to file an application, an affidavit that you have changed your name by a court order of another state, and a certified copy of the court order with the office of the State Registrar. Upon the receipt of these and payment of the required fee, the State Registrar will review the amendment for acceptance for filing. If he accepted, he will file the amendment and note the fact of the amendment on the unaltered original birth certificate. Thereafter, the State Registrar will furnish a certified copy of the newly amended record of birth to you without additional cost.

The following are the statutes in this regard:

§ 103400.  Filing application and affidavit

Whenever a person born in this state has his or her name changed by order of a court of this state, another state, the District of Columbia, or any territory of the United States, an application including an affidavit of this fact may be filed with the office of the State Registrar upon a form provided for that purpose.

§ 103405.  Filing amendment

Upon receipt of the application, affidavit, certified copy of the court order and payment of the required fee, the State Registrar shall review the amendment for acceptance for filing, and if accepted, shall file the amendment and shall note the fact of the amendment on the otherwise unaltered original birth certificate. The amendment shall be filed with and become a part of the record to which it pertains, if the original record of birth is on file in the office of the State Registrar.

§ 103410.  Furnishing certified copy to registrant

The State Registrar shall furnish a certified copy of the newly amended record of birth prepared under authority of this article to the registrant without additional cost.

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 do I fix my Social Security mismatch name?

To fix a name mismatch with your Social Security records, you need to contact the Social Security Administration (SSA). You will have to provide proof of your name change, such as a marriage certificate or court order. Fill out Form SS-5 to apply for a new Social Security card with the correct name. Submit the form along with your documents to your local SSA office. Once processed, you will receive a new card reflecting your updated name.

What happens if my Social Security doesn't match my name?

If your Social Security name doesn't match your official identification, it can lead to issues with employment, tax filings, and benefits. The Social Security Administration may not be able to verify your earnings, which can affect your benefits. It's important to correct the name mismatch as soon as possible by following the SSA's procedures for updating your name.

What if my name is different on my birth certificate?

If your name on your birth certificate is different from your current legal name, you can apply for an amendment. This typically involves filing a request with the appropriate state office, providing legal documentation of your name change, and paying a fee. Each state has its own process, so check with your state’s vital records office for specific instructions.

What if my name on my birth certificate is different than my Social Security card?

If your name on your birth certificate differs from your Social Security card, you should first update your Social Security records to reflect your current legal name. After that, you can amend your birth certificate to match your Social Security card. This usually requires submitting a court order or other legal documents to your state's vital records office.

What happens if my name doesn't match my Social Security card?

If your name doesn't match your Social Security card, it can cause problems with employment verification, tax returns, and accessing benefits. Employers and government agencies may not accept your identification. To resolve this, you should update your name with the Social Security Administration and ensure all your legal documents are consistent.

Why doesn't my social match my name?

Your Social Security name may not match your legal name due to various reasons, such as a recent name change, clerical errors, or outdated information. It's crucial to ensure that all your identification documents are updated and consistent to avoid issues with verification and benefits. If discrepancies exist, contact the Social Security Administration to resolve them.