Legal Question in Intellectual Property in New York

''Personal Identity''

I changed my name in 1994 in California simply

by using my new name. I have lived under this

new name completely for the last 8 years and

now I need to get my passport changed over with

the new name but they are telling me I can't

because I do not have a legal document stating I

changed my name. The federal governement

knows me under the new name as I file taxes

every year but they won't issue a new passport

with the new name. What do I do?


Asked on 1/05/02, 12:36 pm

1 Answer from Attorneys

Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: ''Personal Identity''

Although it is perfectly legal to use any name you want under common law, so long as you are not doing it for fraudulent reasons, individual federal or state agencies or private enterprises, such as banks can require you to produce a legal document to allow you to use a certain name in dealings with a particular agency or enterprise. Such is the case with the Department of State. Although you said you file tax returns using your new name and the IRS has no problems with it, I find that a bit odd because the name on your tax return must match your social security number or a computer will eventually bounce it & you will receive a letter asking for an explanation.

In any event, for reasons that should be readily apparent in light of recent events, Department of State is very strict with regard to what name you can have on your passport. The only way you can have your new name on your passport is if you go to state court and legally change you name. Then, with the court order, you can get a passport with your new name.

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Answered on 1/05/02, 8:26 pm


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