I pulled my fathers birth certificate and as he was born in…

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Sorry, the wireless dropped I will need to post again

In 1960 the legal position was that if your parents were not married at the time you were born, you were referred to as illegitimate. Your parents could however had chosen to put either name on the birth certificate, but some more old-fashioned registrars would insist on the mother's name being used on the certificate.

But interestingly it is never been illegal to use any name that you want. So your father has done nothing illegal by using his father's name. The only difficulty can arise when you apply for some official documents like a passport when you need to explain the change of use of name, although it is relatively easy to lodge a declaration with the registrar of births deaths and marriages to change a name.

This would have no effect on the legality of the marriage. It was surprisingly common although not often mentioned, that children were born before the parents married. This was cured by legislation and there is now no distinction between children born in a marriage or outside of the marriage in status at law.

So your father in using his father's name is XXXXX XXXXX anything illegal.

Does that answer your question?

You would need to search with the registrar who can be found at

Births, Deaths and Marriages

Email: [email protected].

Freephone: 0800 22 52 52 (New Zealand only)
Phone: (+64 4)(NNN) NNN-NNNN(from outside New Zealand)

Fax: (+64 4)(NNN) NNN-NNNN(for certificate and printout orders)
Fax: (+64 4)(NNN) NNN-NNNN(for general enquiries)

From your description he may not have changed the name but this is not illegal

It would not matter if he had applied under the name he believed was his. He has not done anything illegal.

Glad to help