Correcting Parent's Name on Birth Certificate

[SallyX]

What is the name of your state (only U.S. law)? Florida
I am a naturalized US citizen who is in the process of applying for Italian citizenship through bloodlines, (my maternal grandfather).
Many documents are required, of course, and any discrepancy stops the process. As I am winding my way through all of this I noticed on my birth certificate that my mother's name is incorrect. Her last name is spelled incorrectly and her first name was the "Americanized" version. This conflicts with her correct name on her birth and marriage certificates.
I called the NYC records office and was told that changing her name requires a court order from the Florida Supreme Court. Is this correct? If so, how do I begin? Thank you.

 

[justalayman]

I don't think the info you received is correct. Florida has no control over what NY does with their birth certificates


is your mother already deceased?

 

[LdiJ]

I don't think the info you received is correct. Florida has no control over what NY does with their birth certificates


is your mother already deceased?

I suspect that the OP was born in FL and therefore his/her birth certificate is an FL one. Therefore FL would have control over FL birth certificates.

 

[justalayman]

I suspect that the OP was born in FL and therefore his/her birth certificate is an FL one. Therefore FL would have control over FL birth certificates.

so, why would the OP contact anybody in NY regarding the name on their birth certificate?

 

[LdiJ]

so, why would the OP contact anybody in NY regarding the name on their birth certificate?

Because the OP didn't know any better...which is why NY told her that it needed to be handled by FL.

 

[SallyX]

My apologies for the confusion and lack of details. I was born in NY, (Brooklyn), and currently reside in Florida. My mother was born in Manhattan, and is now deceased.
I cannot imagine why I would need to go to the Florida Supreme Court to have my mother's name corrected on my birth certificate, but that's what the phone rep advised.

 

[LdiJ]

My apologies for the confusion and lack of details. I was born in NY, (Brooklyn), and currently reside in Florida. My mother was born in Manhattan, and is now deceased.
I cannot imagine why I would need to go to the Florida Supreme Court to have my mother's name corrected on my birth certificate, but that's what the phone rep advised.

Hmm...interesting. I think that you are going to need to get a consult with a local attorney. What you want to do is fairly unusual, and I think its likely to require some research.

 

[Ohiogal]

Hmm...interesting. I think that you are going to need to get a consult with a local attorney. What you want to do is fairly unusual, and I think its likely to require some research.

Jurisdiction. NY no longer has personal jurisdiction over OP is all I can ascertain. And to correct a birth certificate requires a court order.

 

[justalayman]

Jurisdiction. NY no longer has personal jurisdiction over OP is all I can ascertain. And to correct a birth certificate requires a court order.

But NY is the only state with subject matter jurisdiction. Personal jurisdiction is irrelevant as nobody is prosecuting an action against the op. Op is seeking to have a state record (a NY state record) corrected. The state issuing the document is the only state that can do that.

But even more so, op can subject themselves to NY jurisdiction by filing any action in a NY court.

The only time personal jurisdiction is an issue is if the party doesn't want the action in that particular court and would argue that a court doesn't have personal jurisdiction. Otherwise, when suing, being sued, prosecuted for civil or criminal suits, seeking writs or injunctions, or anything else, any person can accept jurisdiction of any court. The important issue is who has subject matter jurisdiction.

Not only can I not see what Florida would have to do with it, even more confusing is why it would require the Florida state Supreme Court to issue some order, statement, or what ever to effect the change on a NY state record.

Florida's got no dog in this fight.

 

[stealth2]

Color me confused. If OP was born in the US, she's a natural born citizen, not naturalized, right? Mom was also a natural born citizen, apparently.

 

[SallyX]

Color me confused. If OP was born in the US, she's a natural born citizen, not naturalized, right? Mom was also a natural born citizen, apparently.

Yes, you are correct. I misspoke in my original post. My parents and I were all born in NYC.