Change Name on Birth Certificate in California

Birth certificates are government-issued documents that record the birth of a child for vital statistics, census, and tax purposes. A birth certificate is usually the first legal document that an individual will acquire.

A birth certificate provides proof of an individual’s identity, age, and citizenship. Birth certificates may be required for many reasons, including:

• Getting a driver’s license;
  Obtaining a Social Security Number;
  Applying for a passport;
  Getting married;
  Enrolling in school;
  Gaining employment; or
  Applying for government benefits.

Similar to other documents, it is possible that an individual’s birth certificate may contain an error. These errors are typically simple typographical errors or a box that was checked incorrectly.

With birth certificates, however, no matter how simple the mistake may be, it is important to have it corrected. The process for initiating a birth certificate correction may vary by state.

No matter the location, an individual will need some type of proof to validate the change. The proof that is required will vary depending on the nature of the error but commonly includes:

• Sworn statements;
• Hospital records;
• Adjudications of paternity;
• Court orders for adoptions or legal name changes.

If an individual is not sure where to begin, they can contact the vital records office that issued their original birth certificate. An individual may also consult with a local California lawyer who may suggest filing a Petition to Amend Birth Certificate / Affidavit to Amend Record.

What Information Can Be Changed with an Amendment?

If there is missing or incorrect information on an individual’s birth certificate, the process to fix it is typically simple. An amendment to a birth certificate will correct or complete the information on the document.

If an individual needs to amend their birth certificate in California, they can request to:

• Correct spelling errors;
• Add the individual’s first, middle, or last name to a blank field;
• Correct typos;
• Add an AKA, also known as, for a parent with a name change obtained through the naturalization process or a court-ordered name change;
  • All of the above will require a sworn affidavit or a signed statement made under penalty of perjury stating what the incorrect information is and what the correct information should be;
• Make a change that reflects a court-ordered name change for the individual on the certificate;
  • This commonly occurs when a custodial parent remarries, and the child wants to take the last name of their step-parent;
    • This requires a certified copy of the court order;
• Correct an error in the recorded sex at birth;
  • This is not the same as changing the sex listed on a birth certificate because an individual has opted for a sex reassignment;
    • This is to correct a box that was checked incorrectly;
      • It will also require a sworn affidavit;
• Changing the gender on the birth certificate listed based on a sex change or reassignment on the birth certificate to match the individual’s sex identity;
  • This change only requires the registrant’s self-attestation, but a court order is required if the individual also wants to change their name;
• Amend the birth certificate to reflect a finalized adoption;
  • Will require a certified copy of the Adoption Order/Final Decree of Adoption; or
• Add a parent to a blank space on the birth certificate, change a parent listed, or remove a father’s name on birth certificate after someone else acknowledges paternity or a court order adjudicates someone as the biological parent;
  • This will require one of the following:
    • Proof that the parents are married or are state-registered domestic partners;
    • Voluntary Declaration of Parentage form;
    • Adjudication order establishing paternity.

An amendment to the birth certificate, accompanied with the required proof, may only be requested by the following authorized individuals:

• The subject of the birth certificate or their:
  • Parent;
  • Legal guardian;
  • Child;
  • Grandparent;
  • Grandchild;
  • Sibling;
  • Spouse; or
  • Domestic partner;
• A party entitled to receive the record as a result of a court order, such as based on an adoption;
• A member of a government agency who is conducting official business;
• Anyone empowered by statute or appointed by a court to act on behalf of the subject or their estate; or
• Surviving next of kin.

What Is the Procedure for Correction or Name Change on Birth Certificate?

In order to change the name on a birth certificate in California, an amendment can be located on the California Department of Health website. These forms are typically short and simple to complete.

One of the authorized individuals listed above has to complete the applicable amendment form from the California Department of Health website. The individual has to provide any required proof, which typically takes the form of supporting documents, such as court orders, hospital records, or sworn statements.

In addition to any applicable amendment fees, the amendment form should be taken to the office or mailed to the address listed so that the individual’s request can be processed. It is likely that there will not be a fee to amend the birth certificate within the first year after the child is born.

Any time thereafter, however, a fee will apply. If the amendment is approved, one certified copy of the correct birth certificate will be provided if the amendment is approved.

There will be a fee for each additional certified copy. The current fees may be found on the California Department of Health website.

What Are the Consequences of Leaving Incorrect Information on a Birth Certificate?

Errors on birth certificates are more serious than they may seem at first. These errors may delay or jeopardize any processes that the certificate is required to complete.

This may lead to the loss of a job opportunity, the inability to obtain a driver’s license or passport, or cause issues in custody proceedings. There may be consequences for an individual who knowingly leaves incorrect information on their birth certificate with illegal intentions or for an unlawful purpose.

The False Identification Crime Control Act of 1982 outlines the penalties for fraud activity connected to birth certificates. This law makes it a crime to knowingly possess identification documents that contain false information in order to defraud the United States.

This law is aimed at individuals who are intentionally forging identification documents. It can, however, still be applied to an individual who knows the information on the birth certificate is not correct but fails to correct it for an unlawful purpose.

Under this Act, an individual may face fines of up to $25,000, up to 5 years of imprisonment, or a combination of both.

How to Get a New Birth Certificate After Name Change?

An individual can obtain a new birth certificate after a name change with the California Department of Public Health – Vital Records (CDPH-VR). The services that are provided by CDPH-VR include issuing certified copies of vital records in the state and registering and amending vital records as authorized under the law.

Should I Contact an Attorney for Help with Any Birth Certificate Issues?

Although you can correct errors on your birth certificate without the help of a lawyer, it will be much easier if you have the help of a California family attorney. Your attorney will handle all of the necessary paperwork and be responsible for any errors that occur during the amendment process.

Your attorney can also address and answer any specific questions you may have regarding birth certificates and the laws governing them. Your California attorney can help you fix any errors that are on your birth certificate.