Question about changing my last name.

June 12, 2007 4:25 PM

Question about changing my last name.

My name on my birth certificate is First name, Middle name, Mother's maiden name, Father's last name. My whole life since birth I have gone by just First name, Father's last name (my parent's names were never hyphenated). I would like to go by just my mother's last name now, so the question is: can I just start going by this name without having to go through some process to file papers with the state? The name is already on my birth certificate so is it necessary?

posted by koshka to law & government (9 comments total)

I would like to go by just my mother's last name now, so the question is: can I just start going by this name without having to go through some process to file papers with the state?

Yes, you can start using any name you'd like. There's no legal process you have to go through, but the IRS is going to want to know about it come tax time, which may mean SSID paperwork.
posted by unixrat at 4:46 PM on June 12, 2007

This is true in the U.S.:

It is perfect legal for you to use any name you wish, so long as you have no intent to defraud. Do so consistently for long enough and the law recognizes that your new name is your real name -- this is "common law" name changing.

However, it is perfectly legal for others (which can include the government) not to recognize your new name without your having "legally" changed your name, for which the common law recognition isn't particularly helpful.

As for official recognition, some people and agencies will take your word for it -- no documentation required.

Some people and agencies -- although not many, I'd bet -- will accept your original birth certificate as evidence.

As for the rest, you'll need the effect a "legal" name change .

step 1: a simple local court application and a small fee; the court will approve it absent extraordinary circumstances, or your having any criminal convictions

step 2: you use your name change court order to get a new Social Security Card and a new passport

step 3: you use your new Social Security Card and/or passport to get a new Driver Licence.

step 4: you use all the above to change your bank accounts and other official records.

One thing to bear in mind is that you might want to go through the "legal" route before you change your name with more lax agencies or corporations -- the last thing you want is a mismatch between official reports.
posted by MattD at 5:01 PM on June 12, 2007 [3 favorites]

Anecdotally...
A friend of mine got divorced, and no longer wanted to use her married OR maiden name, so she just made up a new last name. She went the "common law" route and has never had an issue. She has bought and sold property, gone to college, and moved to a new state with her made up name.
posted by clh at 5:46 PM on June 12, 2007

I recently went through the name change process after getting married. You need your Driver License to get your new Social Security Card because they need a picture ID with your new name. Make sure they give you your old Driver License back because SSA also needs to see a picture ID with your old name. The DMV just hole punched mine. If you have a valid student or military ID with your old name, that will work. When you go to get your new SS card, also bring whatever legal document proves your new name.
posted by Elaisa at 6:35 PM on June 12, 2007

Your profile appears to indicate that you are in St. Petersburg, Russia. Is this correct? Not knowing if you are a Russian citizen or from some other country, the answers that are from a US perspective might not be applicable.
posted by Robert Angelo at 6:58 PM on June 12, 2007

It's also worth knowing that in most U.S. states, if you hold professional licensure, you are licensed to practice your profession under the name that's on your license, and no other. Getting this changed can be nearly impossible.
posted by ikkyu2 at 7:18 PM on June 12, 2007

Additionally, in the US you might run into issues showing documentation proving you are eligible for employment.
posted by edgeways at 9:45 PM on June 12, 2007

Thanks people for the answers

Actually, I'm living in the US now but I'm moving back to Piter and I want to take my mother's name beforehand. Looks like I'll have to do what MattD says.
posted by koshka at 10:44 PM on June 12, 2007

I did this too, years ago - I was surprised at how simple it was. I asked the clerk if I could pick even, say, an asterisk * symbol, and she said yes. I was tempted, I admit.
posted by mateuslee at 5:43 AM on June 13, 2007