Using a Name That is Different from the One on Your Birth Certificate

My question involves name change laws in the State of: CA

I went by the name Bao A up until I got married. At which point I legally changed my name to Bao B taking my husband's last name. Then, at some point after that, I learned that my birth name was actually Bou A and not Bao A. So my name is Bou A on my birth certificate, and on marriage certificate the name change goes from Bao A to Bao B. Currently, Bao B is the name on my Social Security card and current drivers license and all other usage. I'm not able to get a Passport because of this discrepancy. Which name is my legal name and what is the most cost-effective solution to getting this straightened out? Thanks in advance.

Your name is Bao B, if I'm understanding you.

If you have your social security card and current driver license is also in the name Bao B, I'm not sure what the problem is - the passport agency should be able to explain what they need.

Thanks for your input. I guess the issue is that my current name does not match the name on my birth certificate. There was never a legal name change from birth name, Bou A, to my pre-marriage name, Bao A. And the only legal change through marriage is from Bao A to Bao B. And because of this gap my birth state will not change my name on birth certificate. So I'm confused.

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Quoting Baowow

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Thanks for your input. I guess the issue is that my current name does not match the name on my birth certificate. There was never a legal name change from birth name, Bou A, to my pre-marriage name, Bao A. And the only legal change through marriage is from Bao A to Bao B. And because of this gap my birth state will not change my name on birth certificate. So I'm confused.

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You are going to need a court order to get your birth certificate changed. I think that you are going to need an attorney to assist you with this.

What kind of attorney would I need to use? And what is a ball-park fee for something like this? Can I just start using my birth name again by "usage method" and use my birth certificate to change my SS# and DL?

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Quoting Baowow

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What kind of attorney would I need to use? And what is a ball-park fee for something like this? Can I just start using my birth name again by "usage method" and use my birth certificate to change my SS# and DL?

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thats how you got to the problem you have.

the law on the name you can use on your passport (excerpt)


5)Customary usage. An applicant who has adopted a new name other than as prescribed in paragraphs (c)(1) through (4) of this section must submit evidence of public and exclusive use of the adopted name for a long period of time, in general five years, as prescribed in guidance issued by the Department. The evidence must include three or more public documents, including one government-issued identification with photograph and other acceptable public documents prescribed by the Department.

in other words, your currently used name is acceptable. You simply must prove its use through the means described.

oh, and your claim you cannot obtain a passport because of this issue is simply incorrect. The law cited gives you specific actions for just such situations that will allow you to get a passport.

Thanks jk. That was helpful info.

I understand what you mean but my situation was not deliberate. I never knew my birth name was different than the name I was using. Somehow it got misspelled somewhere, on my SS card I think, so my parents just started using the misspelled first name thinking that was the legal name to use. I just learned of the discrepancy in my young adulthood when my birth state denied my request for a certified birth certificate due to the different spelling of my first name. But it is what it is now. Nothing I can do except pay a lot of money to fix the big mess that started with 1 little typo.

Appreciate your time!

Nobody said it was deliberate nor does the law say it must be. Your situation is not all that unusual.
the law requires you show you have been using the assumed name for 5 years. The documents you have, if at least 5 years old should take care of that.


There is no reason to spend a lot of money for anything here

You're right jk, I overlooked the Customary Usage law. That's why I'm in here...to collect information and direction from others. My scope changed from merely trying to apply for a passport to seeking a bigger solution to the mess. I appreciate your help but not the insinuation.

I quoted it in my first post in this thread. Not sure how you would respond to my statements yet not have read it.

And insinuation? No idea what you are speaking of.

With that; good luck. You got your answer to not only the passport question but the "bigger solution" as well.

You don't need an attorney for this. Go to the courthouse and get a packet for a legal name change. Fill out the documents, publish it in the local newspaper and get your name changed