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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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my maiden name on my daughters birth certificate is wrong.

Customer Question

my maiden name on my daughters birth certificate is wrong. Instead of my maiden name its my mothers maiden name. We spoke to vital stats but they need proof of my mothers maiden name which I cannot submit as she doesn't have any documentation supporting her maiden name. She has everything in her married name. What can I do to change the maiden name in my daughters birth certificate?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear Customer - My suggestion would be to obtain a certified copy or your mother's birth certificate and have her sign a sworn affidavit to the fact that she is who she is and that this is her birth certificate. She should be able to obtain a certified copy from the bureau of vital statistics in the county where she was born and then go to a notary public and have them attest to her affidavit that this is her birth certificate and that her married name is now whatever it is.
Customer: replied 1 year ago.

she is from India...we did get an affidavit but there is nothing in her maiden name as she has officially known only by her maiden name. The vital stats want to know from where her maiden name has come from and we have no proof of that. In the hospital when I was filling the form I wrote my maiden name and then crossed it and entered my mothers maiden name by mistake but the stats wouldn't consider that

Expert:  Dave Kennett replied 1 year ago.
Is there a problem with the father of the child agreeing to a name change?
Customer: replied 1 year ago.

no no problem at all with the father. The vital stats want proof of my mothers maiden name which we cannot provide as she has no birth certificate. We got an affidavit from India by my mother but the stats wouldn't accept it.I don't know what to do to correct the name on birth certificate

Expert:  Dave Kennett replied 1 year ago.
If vital statistics will not accept what you have provided the on way to correct the name is to file for a formal name change with the probate or surrogate court. If the father does not object then it should be a relatively simple process. There is no way you can force the bureau to accept what you have if there is no birth certificate so rather than wasting your time trying to obtain more documents from India you might as well file a petition for a name change with the court and get a court order that the bureau of vital statistics must accept. Both you and the father will have to sign off on the name change.

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