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If the person named on the birth certificate is still a young child (typically infant) and has not been issued a social security number in their name you can take it to the office of vital statistics that issued your misspelled birth certificate. They should issue a new birth certificate for you. But this needs to be done almost immediately before the name is used for anything else official. Otherwise any misspelling becomes the legal name.

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Now if you are talking about a reprinted birth certificate where the reprint was misspelled, report it to whoever created the new printing, they should correct their own mistake. (again this would typically be the office of vital statistics or whatever it is called in your local government)

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Finally If you are talking about an adult and your original birth certificate, then that is officially your real name, therefore there is nothing to correct. You would need to file for a name change.

Basically if you are spelling it different from your birth certificate, you are spelling your own name wrong.

Many parents misspell names on birth certificates and the mispelling is now legally that childs name even if the name is "fffffggghhh" (yes, there is someone actually named that)

Half of the people I know named "Jon" are only named that because their parents misspelled "John" on their birth certificates. It was such a common mistake that now many people are named "Jon" on purpose. Many evolutions of names come from misspelled birth certificates.

If your original birth certificate contains a name you do not wish to use (because you dont like its spelling, or for any other reason), you will actually need to file with a court for a name change.

Check with your local authorities for what paper work needs to be filed. In the US, in most states you will need to appear before a judge and explain why you want a name change. Almost any reason given will be allowed they simply want it on file for reference. But the legal process for name change exists due to the sheer volume of paperwork required that needs to go into updating all of your legal documents.

Name changes (even if you are only updating the spelling) are not a simple process. Here is an example of what is required in New York (most states will have a similar process):

General Guidelines
  1. You must be 18 to file your own paperwork. If you are under 18, your parent or guardian will need to petition on your behalf and you will need to explain to a judge the name change is in your best interests.(such as changing your last name during an adoption)
  2. Only New York residents may change their name in New York.
  3. The clerk of your local court will be able to direct you to any paperwork or information you cannot find on your own.
Getting All the Papers
  1. To change your name in NYC, you need a Petition and your Birth Certificate. There is a Petition available on the New York County Civil Court web page or from the county clerks office.
  2. Complete the Petition by adding your personal information. If anything from #5-9 in the Petition applies to you, simply explain. For example, if you have ever been convicted of a crime, say when, where, and for what you were convicted and what happened with your case.
  3. For the grounds of your application, say whatever you want the judge to know about why you want a name change. You do not need to use any of the language in the blank Petition-it is just an example. It is completely up to you what you want to share with the judge about your reasons for changing your name, just so long as what you say is true.
  4. Name changes need to be published in a newspaper, unless the judge says you don't have to because of a risk to your safety. If you have any specific reasons why you would be at risk if you published, add them to #11. For example, many survivors of domestic violence or hate crimes believe they would be at risk if they published their personal information.
  5. Sign the Petition with your current legal name and have it notarized. If you do not understand English, whoever translated the Petition for you should sign and have notarized an "affidavit of translation."
  6. Get a certified copy of your birth certificate, if you don't already have one. If you were born in NYC, go to www.nyc.gov/html/doh/home.html or call the office of vital statistics.
  7. If you have criminal convictions, you will also need to submit a certificate of disposition for each conviction or a rap sheet. You can get a copy of your certificate(s) of disposition from the court where you were convicted. If your rap sheet shows that there is a warrant open for your arrest, it is important that you take care of that before you file your rap sheet in court. Once of the few reasons for denying a name change is if the judge feels you are trying to evade prosecution of pending warrants.
  8. Attaching other documentation about things you say in your Petition can make the process smoother. For example, if you are asking to be excused from publication because of domestic violence and have an Order of Protection, attaching a copy of that order to your application can help. Also, if you cannot afford to pay the fee for filing a name change, bringing a copy of an award letter or other proof of income or inability to pay can help. A name change may be granted for free if the new name will be used to provide escape from abuse.
Filing the Papers
  1. Once you have your papers ready, you can file your name change application in the civil court of any of the five boroughs, no matter which borough you live in. (Manhattan: 111 Centre Street Bronx: 851 Grand Concourse; Brooklyn: 141 Livingston St.; Queens: 89-17 Sutphin Blvd.; Staten Island: 927 Castleton Ave.). This overview is Manhattan-specific. Please note that the process differs in different boroughs of NY. However, you can change your name in Manhattan no matter what borough you live in. If you go to court in another borough, please call the court clerk to make sure you are doing everything correctly.
  2. After you go through security to enter the court, go to the clerk's office that handles name changes. In Manhattan, it is room 118 on the ground floor level near the exit.
  3. Get on the line marked "name change." Tell the clerk you are filing for a name change and give the clerk your papers. If you were born in New York, the clerk will keep your original birth certificate. If you were not born in New York, the clerk will make a photocopy of your birth certificate and give you back the original. The clerk will also tell you that you need to pay a $65 fee.
  4. If you cannot afford this fee, tell the clerk that you need to "proceed as a poor person" and fill out the form that the clerk will give you (it will ask you questions about your income, property and expenses, such as rent). You should hear in a couple of days whether your petition to proceed as a poor person was approved. If it was approved, you will be given an index number and a court date. If it wasn't, the clerk will either ask you to come in with more information or proof of your income or tell you that you will have to pay the fee. You may call the clerk or go to their office in person to check on it if you don't hear from them.
  5. If you can afford this fee, go to the cashier to pay. The cashier only accepts cash (in exact change), money orders, and certified checks, NOT personal checks or credit cards. The cashier will give you a receipt with your index number on it. Keep this receipt. Then go back to the clerk, who will take your papers.
  6. The clerk will assign you a date for a name change hearing. If you know you can not make it on that date, just tell the clerk and ask for a later date. Your name change hearing will probably be scheduled for around one to four weeks after the date you file your papers. (This procedure can be different in other boroughs. For example, in Brooklyn, you will usually see a judge on the same day you file the papers.)
  7. If you are currently incarcerated or on parole for a violent felony offense, you will need to give notice of the hearing date to the DA and the court where you were convicted.
The Hearing
  1. Name change hearings vary according to the judge you get. Generally, the hearing is fairly straight forward. When you get to court for your hearing, make sure to let the court officer know that you have arrived. There is a calendar outside the courtroom that will list your name and a number. It is easier for the court officer if you give them the number beside your name. Then, sit in the courtroom until you hear your name called.
  2. Sometimes there is almost no wait at all. Other times you may need to wait for one or two hours before you are called. When you are called, walk up to the front of the courtroom, directly in front of the judge. The judge will ask you a few questions. Just respond briefly and honestly. The questions are usually easy and never last very long. Sometimes, your name will not be called at all, because the judge decided not to ask you any questions.
  3. Once the judge finishes deciding about all of the name changes, the name change files will be sent back down to the clerk. You and everyone else there will then be asked to wait off to the side in the clerk's office, usually for around 10 to 30 minutes, until the clerk is ready. Then, the clerk will give everyone instructions on what to do next.
  4. Most of the time name changes are approved the first time. If yours is denied, be sure to get a copy of whatever the judge wrote explaining the reasons for the denial. Don't panic-many problems are very easy to fix and your name change will probably be granted on a second try.
Publication and Service
  1. If you haven't been excused from the publication requirement, the clerk will give you a photocopy of your name change order, which has already been signed by the judge, and explain the publication requirement. You will need to publish within 60 days of the date the order was signed. Then, you will need to file proof that you published within 90 days of the date the order was signed.
  2. The order may say you have to publish in a certain paper. If you have a choice, the Irish Echo is the least expensive place to publish. It has a flat fee of $35. If you submit the notice by Friday at 2 p.m., you can have it published in the edition that comes out the next Wednesday. Then, you can pick up the proof of publication that Friday. The New York Beacon is the second cheapest paper. The clerk will give you the addresses of the papers.
  3. The judge might also have decided you need to "serve notice" of your name change on certain places, like the Division of Criminal Justice Services. If so, make a copy of the order and mail it to the address the clerk gives you. Be sure to take the envelope to the post office and have them give you a Certificate of Mailing (which costs less than $1.00). This is your proof of service.
  4. Once you have the proof of publication and/or service, go back to the court and give that proof to the clerk. If you missed the 60 or 90 day deadline, ask for a "nunc pro tunc" form so you can explain why you were late and ask the judge to accept your proof anyway. These requests are almost always approved if the proof is valid.
  5. Once your proof has been accepted,your name change is complete! You can then buy certified copies of your name change order for $6 a piece. If you decide you need more later, you can always go back to court and get more. You can use the certified copy of the name change order to change your name on documents including your Social Security card, driver's license, state ID, Medicaid card, passport, Immigration documents, etc.
  6. You will need to bring this certified copy of your name change to the office of vital statistics and have them issue a new birth certificate under your new name.
Name Change with Social Security
  1. To apply for a new Social Security card with your correct name and your same number, you need a certified copy of your name change order.
  2. If you were born outside the U.S., you also will need proof of U.S. citizenship (e.g. consular report of birth, U.S. passport, Certificate of Citizenship, or Certificate of Naturalization) or lawful alien status (e.g. INS Form I-551, I-688B, or I-766).
  3. Fill out form SS-5. You can print out this form from www.ssa.gov/online/ss-5.pdf or get a copy in a Social Security office.
  4. In the "Name" field on the top line, you should use your real current name (not your former legal name). On the second line list your previous legal name as it appears on your old Social Security card. Leave the third line ("Other names used") blank unless you have registered to work or received public benefits under other names.
  5. Bring this information to a Social Security office. (For example, Bronx: 2770 3rd Ave, 2nd Fl.; Brooklyn: 625 Fulton St., 6th Fl; Manhattan: 26 Federal Plaza, 31st Fl; Queens: 136-65 37th Ave.; Staten Island 2389 Richmond Ave.) Your new card will arrive by mail in 1-2 weeks. There is no fee.
Name Change at the DMV
  1. You may have to change your name with Social Security before you can change your name with the DMV.
  2. Go to a local DMV office. There are several DMV locations in New York City (for example, Bronx: 1350 Commerce Ave.; Brooklyn: 625 Atlantic Ave.; Manhattan: 1293-1311 Broadway, 8th Fl.; Queens: 168-35 Rockaway Blvd.; Staten Island: 141 E. Service Rd.).
  3. Bring your driver's license, learner's permit or state ID card that displays your previous name. Bring a certified copy of your name change order. If you do not already have a license or state ID you will need to show multiple other forms of identification and proof of birth. You can determine acceptable combinations of ID by reading www.nydmv.state.ny.us/idlicense.htm.
  4. Fill out the form MV-44. This form is available at the DMV, or you can print it out from www.nysdmv.com/forms/mv44.pdf and bring it to the DMV.
  5. At the top of the application where it says "I am applying for a," check the box that says "Change." Fill in your personal information. In the "Name" field, you should use your real current name (not your former legal name). There is a question that asks "Has your name changed?"; check the "Yes" box and in the field below write your previous legal name as it appears on your old license, learner's permit or ID card.
  6. There is a fee of $5 to get a new ID that displays your new name. Your new ID arrives by mail in two to four weeks. You will be given a temporary ID in the mean time. If this will be your first NY license or ID card, the fee will be somewhere around $45.00 (the fee may vary depending on your age and the type of license or ID you need).
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11y ago
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12y ago

I think you have to go to your local court house and do it there because I think they would have to type your in then make it official by printing it out again. That would be my best guess!

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Q: How can you add a name to your birth certificate?
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