If a request is made to change the name on a birth certificate, a name change
action must be commenced. If the request is to change anything else on a New Jersey
issued birth certificate, such as designation of parentage, a misspelling of the first, middle
or last name, or misstatement as to gender, the requestor should be directed to contact the
New Jersey Registrar of Vital Statistics (“the Registrar”). See N.J.S.A. 26:8- 49.
Specifically, with respect to an error in a first or middle name, the individual
seeking a correction must supply documentary proof of the correct spelling and the proof
has to be something from before the individual’s 7th birthday, such as a baptismal
certificate, school records, etc. This goes through the Registrar and the court is not
involved.
With respect to an error in the last name, the individual seeking a correction must
show documentary proof of the correct name and the documentation itself must date from
within a year of the individual’s birth or prior to the birth, such as the parent’s marriage
certificate with the last name spelled correctly, the birth certificate of an older sibling, or
a parent’s birth certificate. This also goes through the Registrar and the court is not
involved.
With respect to an error in gender on the birth certificate (that is, if someone who
is and has always been a male is mistakenly classified on the birth certificate as a
female), the individual seeking a correction must show documents with the correct
gender noted, such as school records, marriage certificate, etc. This, too, goes through
the Registrar and the court is not involved.
With respect to someone who has undergone gender reassignment and wants both
a name change and a gender change on the birth certificate, that individual can get a birth
certificate in the new name with the court-ordered name change, but the gender will not
be changed unless the person has a notarized statement from the physician certifying
the completion of the gender reassignment. Once this latter document is presented to
the Registrar, the individual can get a new birth certificate showing both the new name
and the new gender. In this scenario, then, the court is involved to order the name change
but everything else is done through the Registrar.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
