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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Changing Minor's Last Name in Illinois

    My question involves name change laws in the State of: Illinois.

    I have read that Illinois law allows corrections to last name in the birth certificate of minor, provided last name matches one of the parents and both parents consent.
    Here are my questions.
    1) Can a changed birth certificate as definitive document for name change?
    2) Can this used with other agencies such as SSA, Schools, etc. Or, do we still need a court order as well?

    This is for a 8 year child with consent from both parents.

    Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Changing Minor's Last Name in Il

    I believe you are misunderstanding the term "correction". There is a difference between a correction and simply changing their name. From what I can see, the correction is used for a spelling error. Concerning a name change, this is what I found:

    LAST NAME OF THE CHILD

    To amend the last name of a child requires the application, and a state of Illinois affidavit and certificate of correction, and the fee. If the child's last name is misspelled and that child has the same last name as a parent listed on the birth record, a copy of that parent's birth record is required. In some situations, a copy of the parents' marriage record or an older sibling's birth record also can be used. The document submitted must have been created prior to the birth of the child. If the original handwritten worksheet from the hospital of birth supports the requested amendment, a copy of this document can be submitted as proof. The hospital can send this document directly to this office.

    If a Voluntary Acknowledgment of Paternity form, administrative order of paternity or court order of paternity has been completed, you can, within one year, make one change to the child's name. THIS IS ONE YEAR FROM THE DATE THE VOLUNTARY ACKNOWLEDGMENT OF PATERNITY WAS SIGNED OR PUBLIC AID OR THE COURTS ESTABLISHED PATERNITY. IT IS NOT ONE YEAR FROM THE DATE THIS OFFICE COMPLETED THE CHANGES ON THE BIRTH RECORD. The application for correction, state of Illinois affidavit and certificate of correction, and fee are required. Both parents must complete the affidavit. If either parent is not willing or unavailable to complete the affidavit, then a court order of legal name change is required.

    If a court order of non-paternity was previously submitted to this office, then a court order of legal name change is required to change the child's name
    To me, that seems to state that if paternity is established sometime after birth, you have one year to change the child's name on the BC. Other than that, it would require a court order of legal name change.

    Not positive of my position but that's how I read it.

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Changing Minor's Last Name in Il

    Thanks for the reply. In my case, it would classify as correction. Considering that, would the birth certificate suffice to correct name with SSA, public school, passport, etc.

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