Legal Question in Constitutional Law in California

I have been going by a last name for 51 years that was my son’s father’s name who I was never married to. I initially took the name for my son’s sake to avoid him or others from knowing I wasn't married. Everything financially, etc., has been under this name. I didn't think it was illegal (the 14th Amendment?). I am 75 now & do not want to go thru a legal change, which would no doubt be complicated because I have used the name for 51 years, but the gov now wants a marriage license to verify a name that is not on birth cert. for a Real ID. I might need to board a plane for emergency visit to son & do not know what to do. I also am on a small pension & cannot afford a legal expense.


Asked on 9/13/22, 8:59 pm

1 Answer from Attorneys

Unfortunately, although not illegal, using a name that does not match your birth certificate can create complications, as you have found out. Documents that carry with them proof of citizenship cannot be issued in a name other than a person's official legal name on the document that establishes citizenship or as changed by a formal legally recognized procedure such as a name change petition or marriage. There just is no way around it.

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Answered on 9/14/22, 7:56 am


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