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    MIZDYMOND's Avatar
    MIZDYMOND Posts: 4, Reputation: 1
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    #1

    Jul 17, 2011, 08:19 PM
    How do I get my original name back? Must I pay when I did not give permission?
    I recently went to obtain a copy of my birth certificate in my home town of nyc. However when I got there I was told that there wasn't any birth records with my name. I was also told that my last name was changed to father's without my consent or my moms. When I asked how they said well if he paid any kind of child support they automatically change the last name. What I would like to know is is that legal? My whole life is under one name. To find out at the age of 24 that my name is changed is very upsetting. Do I have to pay to change my name back when neither my mom or myself gave permission for my name to be changed? And how do I go about correcting my name to its original?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 18, 2011, 03:29 AM

    How did you get to 24 without using your legal name? But, if there was a custody support case and he was declared your legal father, its possible the birth certificate was amended.

    I'm not sure whether you will need to find out whether that happened or not. At 24 you can legally change you name, but you will have to file a petition on court to do so. The cost should be minimal.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 18, 2011, 07:51 AM
    Quote Originally Posted by MIZDYMOND View Post
    ... When i asked how they said well if he payed any kind of child support they automatically change the last name. ...
    That can't be right. You must have misunderstood.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #4

    Jul 18, 2011, 08:30 AM
    Paying child support has nothing to do with changing the name. Look to see if there was a "petition to change name" filed, it would be public record. Check under both names in case someone entered it wrong. How have you proved your birth without a certificate?
    MIZDYMOND's Avatar
    MIZDYMOND Posts: 4, Reputation: 1
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    #5

    Jul 18, 2011, 08:51 AM
    Comment on ma0641's post
    I have my orinal birth certificate which is in poor condition but has my original name that my whole life is under and I have the new one with my fathers last name as mine. Another issue is the birth records say they because the one with my fathers name is the one that's current my original one no longer exist. How is that possible when I have the original document? He isn't listed on that one so how was this second one created? This is causing me problems with obtaining a passport and all just because of the name iss
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jul 18, 2011, 08:53 AM

    Quote Originally Posted by MIZDYMOND
    i have my orinal birth certificate which is in poor condition but has my original name that my whole life is under and i have the new one with my fathers last name as mine. another issue is the birth records say thay because the one with my fathers name is the one thats current my original one no longer exist. how is that possible when i have the original document? he isnt listed on that one so how was this second one created? this is causing me problems with obtaining a passport and all just because of the name iss
    Go to court. File for a name change. Yes, you must pay for this because the court already granted the name change when you were a minor.

    Your "original" certificate is no longer valid, as that is no longer your legal name. The second one was created because my best guess is that your father wasn't originally listed, there was court activity, a judge ruled/your parents agreed that your name could be changed. So the one on file with the state is your legal birth certificate.
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    MIZDYMOND Posts: 4, Reputation: 1
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    #7

    Jul 18, 2011, 08:58 AM
    Comment on AK lawyer's post
    I promise you I did not misunderstand. That is exactly what the lady and her supervisor said to me. Mind you I have the original birth certificate with my original name and the new one with his name. Problem is they told me that my original one no longer exist because of the new one. One of my questions is how does this happen when he isn't even listed on my original birth certificate? All I want is my original birth certificate to be of use. My whole life is under one name to find that a new one exist after 20+ years is crazy. I haven't even been able to obtain my passport because everything is under one name and my birth certificate is under another. And I have my original however its under poor condition and either wy the people at the public records place say my original one no longer exist so I can't use that to apply even if I wanted to
    MIZDYMOND's Avatar
    MIZDYMOND Posts: 4, Reputation: 1
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    #8

    Jul 18, 2011, 09:05 AM
    Comment on ScottGem's post
    I have my original birth certificate and the new one one. The original is just in poor condition which prompted me to get a new one as well as the fact that I need a passport that I can't obtain due to the name problems however all of my things are under my original name such as my ssc my state id my schhol and hospital records everything is under my original name. And there was never a custody case. I just feel like why should I have to pay to amend it when I had nothing to do with it being changed in the first place and neither did my mom. Another question is even if they did amend it without permission why didn't they issue a new copy automatically once the change was made? So that my mom and I would have had knowledge of the change and then took proper action to change it then
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #9

    Jul 18, 2011, 09:59 AM

    Quote Originally Posted by MIZDYMOND
    i have my original birth certificate and the new one one. the original is just in poor condition which prompted me to get a new one as well as the fact that i need a passport that i can't obtain due to the name problems however all of my things are under my original name such as my ssc my state id my schhol and hospital records everything is under my original name. and there was never a custody case. i just feel like why should i have to pay to amend it when i had nothing to do with it being changed in the first place and neither did my mom. another question is even if they did amend it without permission why didnt they issue a new copy automatically once the change was made? so that my mom and i would have had knowledge of the change and then took proper action to change it then
    Your mother is not being honest. She's telling you that she had no knowledge of the change which is impossible. It was changed with permission because either a)your mother agreed to the change or b)because the court ordered the change. Either way, your mom knew. She can tell you until she's blue in the face that she "didn't know" but it's simply not true.

    The change was made; you have to pay to have it changed again. That's the bottomline, unfortunately.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jul 18, 2011, 10:32 AM

    First, if you have a follow-up question or info, please use the ANSWER options below, not the Comments. It is not necessary to repeat the same info to each respondent.

    What is the date of issue of the two certificates? What it sounds like is you have the original certificate issued by the hospital when you were born. That certificate was superceded when the courts ordered your father's name added. Its possible, though unlikely, that your mother was not aware of this.

    Since she had a copy of the certificate provided by the hospital, that was used all the years and no one bothered to check, since it is probably a certified (has a seal on it) copy. But since its gotten old and worn, you asked for a new one and found out it was superceded.

    But, as I said, it is a simple matter to go to court to effect a legal change. So start the process now.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #11

    Jul 18, 2011, 11:37 AM
    There has to be some legal proceedings to change the name. My father changed his name in 1940, upon immigration, and I still have all of the court papers. In June 41 I was born and his new name is now my last name, as noted on the birth certificate.

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