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Legal Eagle
Legal Eagle, Attorney
Category: Legal
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Experience:  19 years of private practice.
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Can I add my last name to my babys birth certificate with

Resolved Question:

Can I add my last name to my baby's birth certificate with a hyphen without the fathers knowledge
Submitted: 4 years ago.
Category: Legal
Expert:  Legal Eagle replied 4 years ago.
Can you please provide us with a bit of background on what your are trying to accomplish here? Do you want to formally complete a name change? Thanks Pete
Customer: replied 4 years ago.

My baby is just 3 months old and the fathers name was put on the birth certificate and also on my babies last name. What I want to do is hyphen his last name and have my last name behind it. For instance, my babies name on the birth cert. is

Harley Renea Hanson. I want it to say Harley Renea Hanson-McGrew. Can I do this? I am not married nor have I been married to the father and I am the babies custodial parent. He does pay child support.

Expert:  Legal Eagle replied 4 years ago.

Utah does not allow you to simply add a name to a birth certificate. In Utah, birth certificates can be amended to change a name but only where it is necessary to correct a typographical error and the change does not alter the sound or enunciation of the name. The only way to accomplish what you seek is to formally file an application for a name change. This will require notice to the father.

 

I have reproduced the applicable statute in Utah that was amended in 2007.

 

The Utah statute involved is 26-2-11 of the Utah Vital Statistics Act.

Name or sex change -- Registration of court order and amendment of birth certificate.
(1) When a person born in this state has a name change or sex change approved by an order of a Utah district court or a court of competent jurisdiction of another state or a province of Canada, a certified copy of the order may be filed with the state registrar with an application form provided by the registrar.
(2) (a) Upon receipt of the application, a certified copy of the order, and payment of the required fee, the state registrar shall review the application, and if complete, register it and note the fact of the amendment on the otherwise unaltered original certificate.
(b) The amendment shall be registered with and become a part of the original certificate and a certified copy shall be issued to the applicant without additional cost.

 

I have attached a link to the Utah Vital records department as well. The link is: https://silver.health.utah.gov/faq.html

 

I hope this helps.

 

Pete

Customer: replied 4 years ago.
Paterntiy has not been established and we are not married. On the back of the birth cert. it says inorder to change the surname if the child is under 18 that both parents may also meaning its optional sign showing no proof since the child is under 1 year old. Can it be done that way?
Expert:  Legal Eagle replied 4 years ago.
Did you and the father sign a Voluntary Declaration of Paternity form when the baby was born? Typically the hospital provides you the forms and this is how the birth certificate is generated. The Declaration become presumptive for paternity after 60 days. can your state precisely what the form provides on the back? Pete
Customer: replied 4 years ago.
On the back it is an affidavit for correction. Who may sign the affidavit for corrections. I the person listed on the record is under 18 both parents listed on the record. Parents or other older relatives are preferred witnesses for the second signature.If no father is listed on the record an older relative of the mother of legal age may sign. The signatures must be notarized. The parent(s) may add or correct the surname from that listed on the record until the childs first birthday without proofs.
Expert:  Legal Eagle replied 4 years ago.

I understand what you are looking at now. The affidavit of correction can be filed by you. However, according to vital records, the name cannot be changed by affidavit when the changes materially changes the name. What you are proposing here does that. As such, you have to seek a formal name change form the court, and then ask vital records to change the name based on the order of the court.

 

Pete

Legal Eagle, Attorney
Category: Legal
Satisfied Customers: 389
Experience: 19 years of private practice.
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Customer: replied 4 years ago.

so even though we have Dr. records that show her name is XXXXX XXXXX XXXXXX McGrew and also savings accounts in her name at a bank we still have to go through the oourt system? If I do that and he contest it will he have to establish paternaty?

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