Problem with changing surname - just discovered birth certificate name is different!

loulou123

Ok have no idea in which forum to put this, so if anyone thinks it would be better somewhere else please move ......

My bf has used his mothers surname for his whole life, so all his bank details etc are in this name.

He has just discovered that his birth certificate actually says his surname is his fathers not his mothers!

If he wants to use this surname (the one that is on his birth certificate) then how does he go about this? Presumably there is no point in him changing his name by deed poll, as 'legally' he already has the surname he wants, so would be changing his name to his own name!

Would it be enough to just sent a copy of his birth certificate to the banks, DVLA etc, or is there another route he would need to go down?

The reason this has become a problem now, is because he wants a passport and his birth certificate says a different name to all his other ID.

meritaten

so he gets a passport using his birth certificate. and just uses that for travel. he can still use his other name as he has all his other 'official' documents in his mothers surname. Its not Illegal as far as I know to use a different name to the one on your birth certificate.
he could always apply for a passport in his present surname by legally changing his name by deed poll. quite a simple procedure and not THAT expensive.
er - how did he manage to get all those other documents if the name on his birth certificate (which usually you need to produce at various Government offices) was different to the one he was using?

make_me_wise

How has he got his bank account and all other ID in a different surname to that which is shown on his birth certificate. What did he use previously in order to obtain these?

At some point did your boyfriends mother change his surname to hers, legally with his fathers permission? You would need to check this I think before applying for a passport. There may well be a new legal document that was raised changing your boyfriends surname from his fathers to his mothers. I which case using the birth certificate may mean the passport is issued incorrrectly as the name on the birth certificate has since been changed/overridden.

I dont think you are meant to have several aliases as such. When my friend got divorced for instance she changed her name back to her maiden name. On the paperwork she got given it stated that from that moment on in all correspondence and dealings etc she would now be known by her knew name (maiden) and not use her old (married) name.

Pee

As long as you don't do anything illegal or fraudulent using two names is not illegal in itself. For instance lots of women are Mrs X at home and Ms Y preofessionally.

pigpen

my brother is not my dads son yet he uses my dads surname.. in his passport, driving licence everything.. it is his name.. nowhere takes birth certificates as Id any more so if he has other Id.

If he wants to use his dads name then applying for a new passport with that and using the passport to change everything else sounds simple enough.

Though if he has used his mothers surname all his life it seems odd to change it now

Tuesday_Tenor

Many years ago I changed the spelling of my surname by signing a Statutory Declaration in front of a J.P.

Legally I didn't HAVE to do this; you can use any name as long as there is no intention to deceive or commit a crime. However, for changing details on bank accounts, notifying DWP re N.I. no, etc. etc. it helped to have this paperwork.

As your brother has a birth certifcate in one name, and presumably N.I. number in another I wonder if he needs a Statutory Declaration something on the lines of
' I Joe BLOGGS N.I. No 12345667 (N.I. card annexed) am the same person as Joe DOE on birth certificate 98765432 annexed'.
Maybe with some simple explanation or dates when name(s) were used.

Having this declaration would mean that he could more easily use either name and can present a copy of the Declaration at any future scenario where there might be confusion.

Think it would be worth getting an initial free half-hour with a solicitor and asking about this. Or maybe CAB would know?

As another poster said, you also need to check that something like this hasn't already been done when mother started using her surname for him.

Becles

My husbands was legally registered with his fathers surname but was known by his mothers surname since shortly after birth. He's got a solicitors letter that states he was registered as ........, but wishes to be known as ...........

The passport agency accepted the letter and his passport and all other ID are in his mothers surname.

I don't think the letter cost very much and it lasts forever!

loulou123

Thank you all for your replys.

His mother never officially changed his name to hers, apparently she just used her surname so he would have same surname as his siblings (as they have a different father) so they would all be the same.

He has never had a UK passport as a adult, but had one if those 1 year ones as a child. As for bank accounts and his mortgage I'm not sure how he has managed to get all those things in a different surname but he has!

This was all accidental on his part, with no attempt to defraud anyone or anything, but now he's very worried.

Mojisola

loulou123 wrote: »

Thank you all for your replys.

His mother never officially changed his name to hers, apparently she just used her surname so he would have same surname as his siblings (as they have a different father) so they would all be the same.

He has never had a UK passport as a adult, but had one if those 1 year ones as a child. As for bank accounts and his mortgage I'm not sure how he has managed to get all those things in a different surname but he has!

This was all accidental on his part, with no attempt to defraud anyone or anything, but now he's very worried.

He really doesn't have to worry. His mother's surname must be on his birth certificate so there is a clear paper trail.

converted

My children have been known by my surname since they were very young - thier fathe'rs surname is on their birth certificate. When applying for a passport they just had to provide a letter from someone (thier aunt did it) stating that they had known them by my surname for five years, this then allowed them to apply for bank a/c's driving licence etc. Their national insurance card arrived with the surname they had always been known by automatically. The only time the different surnames became an issue was when one of them got married. The marriage certificate stated 'surname' formally known as 'fathers surname', i can remember she was really upset at the thought of being referred to with her father's surname during the ceremoney, but she was assured that this did not need to happen.

teabag29

I have the same problem. The name on my birth certificate is totally different to the name I use. I was sent to live with my aunty just after birth who called me the name I use now but never changed it oficially. When I was 9 I found out she wasnt my real mum (had no idea before this point) and years later i found out my name was totally different. I havent a clue how to go about getting a passport because of this as I wish to stay the name i've always been known by. Would I have to change my name officially? My N.I card is my birth name but I have managed to get bank account, provisional licence and tax credits in the name I now use as I explained situation and got round it that way