[WSBAPT] name change in Washington

Thu Aug 2 13:40:00 PDT 2018

Hello:

This issue is, many times, a potential feature of adoptions.  If the Decree of Adoption includes a name change, the Washington Dept of Health is ORDERED by the Washington court to prepare a new Birth Certificate,  in cases where the birth was in Washington.  And, if the person was born in another state, the Washington Decree of Adoption includes a provision in which the out-of-state Dept of Vital Statistics is RESPECTFULLY REQUESTED to prepare a new Birth Certificate, reflecting the new parent(s) and, if applicable, the new name.

Sometimes, when an adult, or an older teen-ager, is adopted, the adoptee wishes to retain his/her original name.  A new Birth Certificate is still important in such an instance (even if there is no name change), in my opinion, because the adoption has usually taken place to honor a step-parent who has carried out the actual parenting role for the individual, and the adopted individual wants to have a new Birth Certificate, reflecting the adoptive parent as the parent to be identified as the Legal Parent on the new Birth Certificate, even if there is not going to be a name change.

And, the cost is relatively low.  Cost for a new Birth Certificate in Washington is $35.00, and, in my experience, other states charge in a range of $6.00 as a low (believe it or not) to about $70.00 as a high (Oregon just went up to $60.00 a couple of years ago). But, I agree with Lisa.  It is useful having an accurate Birth Certificate, reflecting whatever was set out in the Decree of Adoption, but also, in the non-adoption name-change arena, reflecting the realities of the Order Changing Name.

Addressing Krista’s comment regarding a B/C reflecting the reality at the time of birth, in the context of an adoption, a Decree of Adoption essentially negates the presence of the actual Birth Parent in the picture (on the Birth Certificate), replacing him/her with the new Adoptive Parent as the Legal (Birth) Parent.

In the case of a legal name change, not involving an Adoption, the person’s new name would replace the original Birth Name, but with the original parent(s) shown as the legal parent(s), and, it seems to me, that is the reality which the name changer wishes the world to know about him/her.  It certainly takes away the necessity of a bunch of explanation, if the name changer can simply present the new Birth Certificate, reflecting the new legal name now used by him/her.

Best Regards,

Doug Bratt

Douglas J. Bratt
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Thursday, August 02, 2018 12:57 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] name change in Washington

Wendy, I would always change the birth certificate. Eventually people will need it for something. It’s easy enough to change a WA birth certificate (https://www.kingcounty.gov/courts/district-court/name-changes.aspx).  You can search online for the same info in other states.  I used to have a list but I can’t find it.

Lisa E. Schuchman
206-960-4212
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Krista MacLaren
Sent: Thursday, August 2, 2018 11:03 AM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] name change in Washington

Hi Wendy,

This is an interesting question.  My first thought is that wouldn’t a person want the paper trail of their original birth certificate combined with the order that shows their birth name and their changed name?  I would just advise them to keep a copy of the order with their birth certificate and view them as a set.  If you change a name for someone in WA, do you have them change their birth certificate also?  I have done a handful of name changes, but never advised them to change their birth certificate - though I confess it never crossed my mind, because I thought of a birth certificate as a document that represents the reality at the time of birth.  To apply for a passport, for example, I would expect the original birth certificate plus the court order would be sufficient.  I am curious if others think differently.

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com<mailto:kjm.inc at icloud.com>

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On Aug 2, 2018, at 10:41 AM, Goffe, Wendy S. <wendy.goffe at stoel.com<mailto:wendy.goffe at stoel.com>> wrote:

Has anyone done a name change in Washington for someone with an out of state birth certificate?  I am interested in any advice you might have as to changing the out of state birth certificate or whether it needs to be changed.

Thank you

Wendy S. Goffe | Partner
STOEL RIVES LLP | 600 University Street, Suite 3600 | Seattle, WA 98101-4109
Direct: (206) 386-7565 | Fax: (206) 386-7500
wendy.goffe at stoel.com<mailto:wendy.goffe at stoel.com> | Bio<http://www.stoel.com/showbio.aspx?show=9346> | vCard<http://www.stoel.com/getvcard.asp?id=9346> | www.stoel.com<http://www.stoel.com/>

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