QUESTION

What can be done if court changed name on birth certificate?

Asked on Oct 13th, 2014 on Estate Planning - Illinois
More details to this question:
When Donna was born, (my friend I am helping as a Health Advocate) an error was made by the hospital and not caught by her parents or her. Her mother's name apparently was put as her name on her birth certificate. She went all her school age as Aldona, and when she was working went with a lawyer to court to have her first name changed to Donna. She did not have ever have an original birth certificate, but her lawyer said he would obtain one. After the court proceeding were over she had the court document signed by the judge and filed in the circuit court with the proper seal. She has used Donna as her name ever since. How she is of age to start paper work for Social Security who wanted a copy of her Birth Certificate. She is having difficulty because they will not give her, her birth certificate because she has no proof she belongs to it. They said she has to go to the court again and have them open the court case and refile it to change it from her mother's name to Aldona to Donna before she can have it. She does not feel she needs to do this because she paid for it and it should have been done correctly the first time she was in court. How can this be handled now to help her since she is now not in the best of health?
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1 ANSWER

Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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Donna needs to be able to track her legal name from her birth certificate to her new name after the name change. The name change proceeding requires the identification of the legal name and then the new name sought. The Judgment would have the original legal name and the new legal name. With the birth certificate and the judgment she can prove her identity for Social Security purposes. If the name change judgment did not identify the name on the birth certificate then it must be reopened and amended or a new name change petition filed and new judgment obtained. There is no reason for her to be denied her birth certificate even though she does not have the same name as is on the birth certificate. If born in Cook County, she can order her Birth Certificate from the County Clerk's office online if she knows her name given at birth, birthdate, mother's maiden name and father's name. Other counties in the state have similar order platforms.
Answered on Oct 14th, 2014 at 5:43 PM

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