No Legal identification for me

[LGreen1874]

What is the name of your state? Minnesota

 

[LGreen1874]

What is the name of your state? Minnesota

my Birth certificateand social security card Have Different Last Names. the Parents Listed On Both Documents Are the same but not the Names of the Parents who I knew as my Parents All there Lives. I went School, was Baptised, worked as this Name my whole life. Now I dont seem to have A Legal Name. I Have Even given 3 children this Last Name. from what I understand I am stuck without a Identity.

 

[quincy]

You can change your name legally to the name you have used all your life. Is this what you are wanting to do?

 

[LGreen1874]

my Birth certificateand social security card Have Different Last Names. the Parents Listed On Both Documents Are the same but not the Names of the Parents who I knew as my Parents All there Lives. I went School, was Baptised, worked as this Name my whole life. Now I dont seem to have A Legal Name. I Have Even given 3 children this Last Name. from what I understand I am stuck without a Identity.

The Parent's who raised me are the Biological Mother and her New husband of my Biological father. I was Raised as the youngest of 7 with me being the only child of my mom and her second Husband. there was a 20 year gap between me and the next youngest. my dads Job moved us 800 miles from the rest of my 1/2 brothers and sisters. to where I grew up and Lived for 35 years. After my Parents Both Passed Away and my closest relative 800 miles Away I moved Back to the city and state I was born at

 

[LGreen1874]

What is the name of your state? Minnesota

Thats where I Learned that my Biological mother Let My Biological father's mother take me Home from the Hospital and raise me there whole Life. there was never Any Adoption or Legal Name change. Just a few forged and Altered Documents that got me in school and a Learners Permit to Drive@ 16 and get a Job. Now I can't do Anything

 

[LdiJ]

Thats where I Learned that my Biological mother Let My Biological father's mother take me Home from the Hospital and raise me there whole Life. there was never Any Adoption or Legal Name change. Just a few forged and Altered Documents that got me in school and a Learners Permit to Drive@ 16 and get a Job. Now I can't do Anything

So, you are saying that your paternal grandmother and stepgrandfather raised you as their child? Are you sure that there was never an adoption?

 

[adjusterjack]

Now I dont seem to have A Legal Name. I Have Even given 3 children this Last Name. from what I understand I am stuck without a Identity.

Not true.

The law in MN is clear:

In In re Merolevitz, 320 Mass. 448, 450, 70 N.E.2d 249, 250 (1946) the rule was stated thus: "It is well settled that at common law a person may change his name at will, without resort to legal proceedings, by merely adopting another name, provided that this is done for an honest purpose. * * * In jurisdictions where this subject has been regulated by statute it has generally been held that such legislation is merely in aid of the common law and does not abrogate it."

MN courts have routinely adopted the same rule.

That you have a social security card with your current name indicates that, at least, the US Government has recognized the validity or your name and your identity. The same goes for MN as it's likely that you also have a driver's license under that name. Have you also used your current name for bank accounts, credit cards, car loans, mortgages, employment, insurance, etc? If you have, that is further evidence that your common law name and identify has been universally accepted as will be the name you have given to your children.

That there may have been hanky panky with documents many years ago is probably not relevant now since statutes of limitations have probably long since expired.

If it will make you feel better you can go to court and have your name blessed by a judge and get a piece of paper saying you are who you are though I hardly think it necessary at this point in your life.

http://mncourts.gov/Help-Topics/Name-Change.aspx

 

[quincy]

Both his birth certificate and his social security card apparently have names different from the name he has been using.

 

[adjusterjack]

Both his birth certificate and his social security card apparently have names different from the name he has been using.

I didn't read it that way.

I went School, was Baptised, worked as this Name my whole life.

I read "this name" as referring to the name on the social security card.

Let's see if LGreen comes back to clarify.

Bottom line, though, whatever name he's been using all his life IS his legal name under MN common law.

 

[quincy]

If LGreen wants to, he can get his name changed on his birth certificate - and on his social security card if it needs changing. I can see how you read the first sentence, AJ, but I think there is clarification in the second sentence.

LGreen, whatever you do or don't do at this point, it is not true that you "can't do anything." You seem to have done a lot in your life already despite the mismatch of names on your birth certificate and social security card with the name you have been using.

Good luck.

 

[xylene]

I can see the pickle he is in, he'd be well advised to get a lawyer to help sort this out.

 

[quincy]

I can see the pickle he is in, he'd be well advised to get a lawyer to help sort this out.

A lawyer would be helpful in that LGreen might find some relief in turning the name changes over to a professional to handle - but generally a lawyer is not necessary.

 

[PayrollHRGuy]

My bet is the LGreen has run into a problem getting "Real ID."

 

[quincy]

My bet is the LGreen has run into a problem getting "Real ID."

That's possible. He told me he has tried everything.

But, with his real birth certificate and social security card in hand, he can start the process of having everything switched to his preferred name.

 

[LGreen1874]

I didn't read it that way.



I read "this name" as referring to the name on the social security card.

Let's see if LGreen comes back to clarify.

Bottom line, though, whatever name he's been using all his life IS his legal name under MN common law.

My last name on my birth certificate is Magin. My s.s. card and ohio drivers license has and all my legal records and school records have the last name Green. (Green) has been used my entire life and I was unaware of the Magin last name untill I moved to Minnesota from ohio and needed the certified birth certificate to get a Minnesota liscens and once the D.M.V. saw conflicts with the last name and no legal amendments to make my name Green I was turned away.

I applied for a variance of Minnesota law to use the documents that I have from school, tax, medical, and baptism record with the Green last name. I was denied

This has been very difficult mentally and physically to continue with the process once I get told someone can't help me because I can't afford it and Minnesota legal aid will not help because they don't do anything with name changes. I have a felony in Ohio and am not trying to hide that since I largely want to use the same name I used in Ohio.

Sorry if I am confusing anyone but I am confused myself and the thought of being told I'm not taking the correct action to correct it again. Will not be good for me.