How do I correct the last name on my daughter's birth certificate if she was born in a different state?


May 28, 2025 17 7

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Yes I want to change my youngest daughter's last name. It was incorrectly put down as my wife's maiden name.

I understand the importance of having the correct last name for your daughter. Have you already tried to correct this with the relevant authorities?

Yes they said basically we had to do it ourselves when clearly looking at her birth certificate that there was a mistake made.

When did you notice the mistake in your daughter’s last name?

The day we were leaving the hospital but the person that handled it wasn’t available the day we checked out.

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with correcting your daughter’s last name.

No. I have been wanting to do this but we didn’t know how to go about because we felt like we should not be responsible.

Gurney P

Welcome and thank you for using AskaLawyer. My name is Gurney, and I'm the attorney who will be assisting with your question.

Gurney P

What state will this name change take place in?

We live in Georgia. Can we do it there even though she was born in Greensboro, NC?

Gurney P

Ok, thank you for clarifying. You're absolutely right to want to fix your daughter’s last name, especially if it was a mistake made when her birth certificate was first created. Here’s how to go about correcting it from Georgia, even though she was born in North Carolina.

Gurney P

Correcting a Name Mistake from Another State

Since your daughter was born in Greensboro, North Carolina, her birth certificate is kept by the North Carolina Vital Records Office. Even though you now live in Georgia, the correction still has to go through North Carolina. But you can start the process while living in Georgia—no need to travel back.

Because this isn’t just a spelling error but a full change of the last name, North Carolina typically requires a court order for a legal name change—even when the parents agree and the mistake is obvious (N.C. Gen. Stat. § 130A-118(b)(2)).

Steps to Take:

  1. File a petition for name change in your local Georgia probate court since you live there. Georgia courts allow residents to file for a name change for a minor, even if the child was born in another state (GA Code § 19-12-1(b)).
  2. After the court approves it, you’ll receive a certified court order with the new name.
  3. Send that court order to the North Carolina Vital Records Office with a request to amend the birth certificate.

This way, the court order from Georgia can be used to update your daughter’s official birth record in North Carolina.

It’s frustrating when a hospital mistake becomes your responsibility, but you’re doing the right thing now by taking control of the correction process.

Gurney P

Does that help with your next steps?

Yes. Thank God.

Gurney P

Thank God indeed! I’m glad that helps. Was there anything else on your mind too? I'll be happy to help more.

No thank you. That’s all for now.

Gurney P

Anytime! I'm glad I could JustAnswer all your questions for now, and thank you too for letting me answer your questions today. And if more questions come up later, I’m always available for you in a new chat.