Common issues with your birth certificate and what to do about them

By George Townsend
Special to the AFRO

Your birth certificate is one of the most important identification documents you have – containing vital information about you, your birth and your family. It is important that your birth certificate has accurate information. Often, many Marylanders need to change some of the details on their birth certificate, either because of an error at the time the certificate was created or because of a subsequent change in their name or gender identity.

This article discusses common issues related to birth certificates and how to make changes to your important identification documents.

Name Change

The most common change to a person’s birth certificate is when an individual legally changes their name or the name of their child. As a general rule, the quickest and easiest birth certificate changes are those that occur within one year of a child’s birth. Parents of a newborn child may change the name of their child one time within the first year after birth without having to obtain a court order. All parents listed on the child’s birth certificate must submit a written request to the Maryland Department of Health along with a sworn and notarized affidavit attesting that they are the child’s true parents and are making the name change of their own free will.

For adults and children over 1 year of age, the process to change a name on a birth certificate requires a court order. A petition must be filed in the Circuit Court of the county in which the person resides, accompanied by a copy of the birth certificate to be amended. There will be a time period for anyone to object to the name change, which will require a court hearing on whether the name change is proper. After the hearing, or after the objection period ends, if there is no objection the court will typically enter an order granting the name change. A name change will be denied if it was attempted for fraudulent purposes or to infringe on the rights of some other person.

For a parent attempting to change the name of a child over 1 year of age, additional documentation is required. The petition would require the consent of the other parent, if there is one on the birth certificate. If the child is over 10 years old, the child must also consent to the change.

Misspelled Name

When a name is misspelled on a birth certificate, the mistake can be corrected without having to hold a hearing. For a child under 7 years of age, the Vital Statistics Administration merely needs a notarized letter correcting the mistake, either from the parent, hospital or attendant at birth (or a notarized physician’s office record indicating the correct name). For a person 7 years of age or older, the correct spelling must be shown on at least two documents from a list of approved sources, including hospital, school or employment records.

Parent Information

Parental information may also be corrected in a manner similar to name changes. The Vital Statistics Administration merely needs to receive from the parent their birth certificate, church or school records, or some other pertinent record approved by the Secretary of the Department of Health.

Gender Change

A person may change the sex listed on their Maryland birth certificate by providing the Vital Statistics Administration with either 1) a signed statement from a licensed health care provider attesting that the person is receiving gender-affirming treatment or is intersex, or 2) a court order indicating that the person’s sex has been changed. In any case, the Vital Statistics Administration can only amend certificates for individuals born in Maryland. Maryland residents born elsewhere would need to review the requirements of the state that issued their original birth certificate.

Amending or correcting a birth certificate can be an important step in acquiring vital identification documents, accessing government or educational programs and affirming name and gender identities. If you have questions about the process, contact the Vital Statistics Administration or consult with an attorney about the options available to you.

George Townsend is a workforce development attorney at Maryland Volunteer Lawyers Service. To learn more or get assistance, visit mvlslaw.org.