I just don't
like my birth name and I want to change it. Can
I choose any name I want?
There are some
restrictions on what you may choose as your new
name. Generally, the limits are as follows:
- You cannot
choose a name with fraudulent intent --
meaning you intend to do something illegal.
For example, you cannot legally change your
name to avoid paying debts, keep from
getting sued or get away with a crime.
- You cannot
interfere with the rights of others, which
generally means capitalizing on the name of
a famous person.
- You cannot use
a name that would be intentionally
confusing. This might be a number or
punctuation -- for example, "10,"
"III," or "?."
- You cannot
choose a name that is a racial slur.
- You cannot
choose a name that could be considered a
"fighting word," which includes
threatening or obscene words, or words
likely to incite violence.
| That's
"Mr. Three" to You |
|
Minnesota's
Supreme Court once ruled that
a man who wanted to change his
name to the number
"1069" could not
legally do so, but suggested
that "Ten
Sixty-Nine" might be
acceptable (Application of
Dengler , 287 NW2d 637
(1979)).
|
|
Do I have to
file forms in court to change my birth name?
Maybe not. In all
but a handful of states, you can legally change
your name by usage only. A name change by usage
is accomplished by simply using a new name in
all aspects of your personal, social and
business life. No court action is necessary, it
costs nothing and is legally valid. (Minors and
prison inmates are generally exceptions to this
rule.)
Practically
speaking, however, an official court document
may make it much easier to get everyone to
accept your new name. Because many people and
agencies do not know that a usage name change is
legal, they may want to see something in writing
signed by a judge. Also, certain types of
identification -- such as a new passport or a
birth certificate attachment -- are not readily
available if you change your name by the usage
method.
If it's available
in your state, you may want to try the usage
method and see how it goes. If you run into too
many problems, you can always file a court
petition later.
You can find out
whether your state requires a court order by
contacting your local clerk of court. Or, if the
court clerk doesn't give you enough information,
you can look at your state's statutes in a local
law library -- start in the index under
"Name" or "Change of Name"
or ask the reference librarian for help.
How do I
implement my name change?
Whether you have
changed your name by usage or by court order,
the most important part of accomplishing your
name change is to let others know you've taken a
new name. Although it may take a little time to
contact government agencies and businesses,
don't be intimidated by the task -- it's a
common procedure.
The practical
steps of implementing a name change are:
- Advise
officials and businesses. Contact the
various government and business agencies
with which you deal and have your name
changed on their records. See Changing
Identification and Records, below.
- Enlist help
of family and friends. Tell your friends
and family that you've changed your name and
you now want them to use only your new one.
It may take those close to you a while to
get used to associating you with a new
sound. Some of them might even object to
using the new name, perhaps fearing the
person they know so well is becoming someone
else. Be patient and persistent.
- Use only
your new name. If you are employed or in
school, go by your new name there. Introduce
yourself to new acquaintances and business
contacts with your new name.
| Changing
Identification and Records |
|
To
complete your name change,
you'll need to tell others
about it. Contact the people
and institutions you deal with
and ask what type of
documentation they require to
make your name change official
in their records. Different
institutions may have very
different rules; some may need
only your phone call, others
may require special forms or a
copy of a court document.
It's
generally recommended that you
first acquire a driver's
license, then a Social
Security card in your new
name. Once you have those
pieces of identification, it's
usually fairly simple to
acquire others or have records
changed to reflect your new
name.
Here
are the people and
institutions to notify of your
name change:
- Friends
and family
- Employers
- Schools
- Post
office
- Department
of Motor Vehicles
- Social
Security Administration
- Department
of Records or Vital
Statistics (issuers of
birth certificates)
- Banks
and other financial
institutions
- Creditors
and debtors
- Telephone
and utility companies
- State
taxing authority
- Insurance
agencies
- Registrar
of Voters
- Passport
office
- Public
Assistance (welfare)
office
- Veterans
Administration
If
you've made a will or other
estate planning document (such
as a living trust), it's best
to replace it with a new
document using your new name.
Your beneficiaries won't lose
their inheritances if you
don't, but changing the
document now will avoid
confusion later.
Finally,
remember to change your name
on other important legal
papers -- for example, powers
of attorney, living wills,
trusts and contracts.
|
|
What should I do
if I have a hard time getting my new name
accepted?
Some people and
institutions may be reluctant to accept your new
name -- particularly if you've changed it
without a court order. If you live in a state
where no court order is required, however, you
should be able to persuade them to make the
change.
Start by
providing documentation that shows both the old
and new names. If you've recently obtained a
passport, it may be helpful because it can show
your old name as well as the new name as an AKA
("also known as").
If you're
stonewalled, you may want to gently but
forcefully give a rundown of state law that
supports your position. (You can research the
law for your state at your local law library.)
If the person with whom you are dealing remains
uncooperative, ask to speak to his or her
supervisor. Be confident that you have the legal
right to change your name, even if the people
you're dealing with don't know your rights. Keep
going up the ladder until you get results. If
you have trouble at the local office of a
government agency, contact the main office. If
you come up against a seemingly impossible
situation, get the help of your local elected
official.
Finally, if you
run into more trouble than you're prepared to
deal with, consider going to court and getting a
signed order from a judge. It costs more and
will take a little time, but an official
document will certainly make it easier to handle
people and institutions who refuse to accept
your new name.
|
