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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter was born in MS. Her father refused to sign the

Customer Question

My daughter was born in MS. Her father refused to sign the birth certificate, so she has had my last name for 6 years. Recently, he took me to court to be added to the birth certificate. We got a court order directing me to add him and directing vital statistics to list her name as a hyphenated version of both our names. When I got the birth certificate in the mail, it says at the top, "name changed by authority of sec 93-17-1 miss code of 1972" and lists the hyphenated version, but on the certificate where it says 1. "Chillds Name" It has her first and middle name, but it now shows her father's last name as her last name. When I called them, the (very rude) woman said that if I wanted it changed in that field, I needed a court order that specifically states that field is to be changed (our order says, "the child's name will be "xxx xxx xxxx-xxxx" (the hyphenated name). I can't find any law in MS code that states that I need to have a court order specific to that field. I think she's making that up because she doesn't want to fix her mistake.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm a lawyer in Mississippi. I'll be glad to assist.

What the woman told you is correct as a birth certificate will only be changed by marginal notation (meaning that the change will be at the top or to the side of the document) and the actual information on the birth certificate will not be altered/amended. The reason is that the court generally won't alter/change the original record - - but will instead only note the change in the margin.

Usually, the only way an entirely new birth certificate will be issued is if a child is adopted and it is done to protect the child and to totally remove the names of the biological parents from the certificate.

Customer: replied 1 year ago.
But the last name on the birth certificate was mine, now it is her father's. They changed that without a marginal notation. Where can I find the law that covers this (marginal notations to birth certificates). I can't find anything in MS code that says that.
Customer: replied 1 year ago.
Specifically, since birth, the name on her birth certificate has been Ellie Anne Martin. The court order, signed by the judge, says her name will now be Ellie Anne Martin-Shanks. The marginal notation says Ellie Anne Martin-Shanks, but the name on her birth certificate now says Ellie Anne Shanks. So they changed it from Martin to Shanks.
Expert:  Roger replied 1 year ago.

I see what you're saying now......sorry for the misunderstanding.

Expert:  Roger replied 1 year ago.

If the court order didn't authorize the department of vital statistics to make a change, then the department shouldn't have had authority to make it. Thus, you'd likely have to file a motion with the court outlining the issue and ask the judge to order the department to re-correct the certificate as stated in the order.

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