What do do if you found out the name you always thought you were is not the name on the state birth certificat

Question

All childhood records show the name hes used for 56 years, only after new laws that he had to go get a certified birth copy and not the one his mother gave him did he find the descrepency. Mothers deceased and never knew father, so no way to find out why she would have erased his real last name and registered him even for school as a kid with this other name. Hes always just used the birth certificate that his mother had which was a photo copy. Seems she originally used her last name, but gave him sorta 2 middle names: then for whatever reason erased her last name from his and hes been using the names left because thats what was listed and hes always been recognized as even in grade school. example- John david martin smith....she erased the smith
and enrolled him as John david martin. Hes never known any other name, I married him as John david martin...28 years later we find the situation. We are both in shock. Is he legally Martin or Smith? Can we just drop the smith and be ok ?

Answer 1

Hey Tammy C,

That is an interesting situation. The STATE takes copies from the Town or City. So, go back to the town or city and get their original. Then see if there is still a discrepency.

If so, then apply for a legal change of name if you want to drop the Smith. What does his SSN say? The SSN and Birth Record need to agree. That is why I say get the legal name change. It is not too expensive, and he will have peace of mind.

Answer 2

I'm surprised he didn't need a certified copy of his birth certificate to get his marriage license.

There are a number of reasons why this might have happened. The nurse filling in the marriage license could have misunderstood what she was being told, and put a name or two in the wrong box. The mother might always have intended for him to be John David Martin.

Legally, I believe that he is Smith. However, the mom might have filed paperwork for a legal change of name, which wouldn't be shown on the birth certificate but would make the legal name Martin.

Regardless of legality, I think you can still use Martin. Martin is your last name, assuming you legally changed your name when you were married. His legal name might be Smith, but he can continue to drop it just like he has unintentionally for the past 56 years.

Answer 3

What ever name has been used on all official documents (Drivers Licenses, Diplomas, Social Security Card, etc) is the name you stick with. To start using another name now would be hellacious! If you want to officially change the name from the birth certificate name to the one that has been used for 56 years, a simple trip to Probate Court in your area should solve the probelm. Lst time I checked in my area about a name change, the fee was between $50 and $200. That way, all records will be in agreement and there can be little or no confusion later. :-)

Answer 4

With the new laws and the Patriot Act in the US, if you want a passport you will have to use the name of your birth records. You may petition the courts and request to have an amended birth certificate and your name legally changed on the birth certificate. My friend is in the process of doing this right now.

Answer 5

I would think it's accceptable to remain who you've always thought you were---not a Smith, especially if all of your legal documentation says that-- (passport, licence, other government issued ID, for example)

Especially for you----your marriage certificate never said Smith, so you're definitely just a Martin.

Answer 6

I believe Rustskipp, has the best answer for you.
Also, your husband has not fraudulently used an assumed name, so there won't be any consequences from that.
Quite possibly his mother did that to hide from his father. Only she would know the answer to that, unless she had confided in someone. Does he have any family left who could tell him?

Answer 7

I would keep using the one I've always used.

Answer 8

Your "legal" name is that of which you use. You're fine.