Change of Surname

2008-04-07 17:32:24

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Why a Change of Surname?

There are many reasons why people want a change of last names, such as marriage, divorce, or adoption. Some people may request a legal change of name just because they don't like the names that their parents have given them.

Some people may also want a change of surname to prevent mix-ups with other individuals of the same name, especially if the name is common. Foreigners who have become citizens of this country may also alter the spelling or even the entire structure of their last names to prevent mistakes or misunderstanding in their personal records.

How Easy is It?

Generally, you don't need to make a legal request for a change of surname, as long as you are not doing it to deceive or defraud. You can start using your new surname, but you will also need to inform specific agencies such as the Social Security System, so that they will update your records with your new surname. You also need to make sure that all your identification documents, like your passport and driver's license, are consistent with each other in terms of what first and last name you are using.

The only exception is when you want to request a change of surname in your birth record or that of your child's. In such cases, you will need to undergo a rigorous set of legal procedures.

Change of Surname in a Birth Certificate

Altering your name or that of your child's in a birth certificate means altering a historical record, and therefore you should think it over carefully. There should only be compelling reasons for change of surname in a birth certificate, such as correcting a misspelled name. Or the parents may have gotten married only after the birth of the child, which necessitates changes in the details of the child's birth certificate.

You can change a child's surname in his birth certificate on his behalf if he is under 16 years of age. Children over 16 can request this themselves. Both parents also need to consent to the change of surname.

You need to complete and submit a deed poll as evidence of your change of surname. You can ask your attorney to draft one for you, or get a deed poll application online. Deed polls need notarization and have to be submitted to the registrar-recorder where you had obtained the birth certificate.

It's best to consult a lawyer before attempting a change of surname in any type of document or form.


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