Source
r/legaladvice•
TimeIsBunk

Are the paperwork requirements to establish citizenship and identity for a US passport the EXACT same as applying for a California drivers license?

In California. I have found myself in what seems to be a unique situation regarding applying for a federal ID. (Real ID) I could not find a previous thread relating to this specific problem.

When I was a minor I changed my last name to that of my stepfather and family. He wanted to formally adopt me but my family could not afford the legal hurdles to find and serve my biological father with the paperwork to request he absolve his parental rights. Instead, I was issued a new social security card with my step father's last name at that time and I have gone by the new last name ever since. When I applied for a driver's license I provided my birth certificate with my given name, social security card with new name and was provided a California license with my new last name.

According to the requirements I have read and the DMV, I need to provide legal name change documentation to get a Real ID, which does not exist. The requirements for a passport however seem to be the same as a California driver's license but I'm not sure if I will be asked for further documentation of the name change.

I don't fly much but for personal reasons and to avoid certain people from finding me I don't want to go back to using this name. I also don't want to be a de facto prisoner in my own country. I might need to get on a plane sometime.

So, my question is can I use my birth certificate with my given name,my social security card and driver's license with the name I have lived by for the last 36 years and get a US passport?

Thanks for reading and any replies.

Posted Nov 28, 2018, 12:38 AM UTC

04
etalasi•

You might want to consider going through the court order name change process (PDF) to generate a name change document and get a California birth certificate with the name you want.

I want to change my name on my birth certificate. Can I do this without going to court?

No. The law does not allow California Department of Public Health – Vital Records (CDPH-VR) to completely change the registrant’s name on a birth certificate unless the registrant has his or her name legally changed through the court process.

2
TimeIsBunkOP•

Thank you! This is also something I will take the time to read and look into. I've never thought that would even be a possibility since a legal adoption was never possible.

1
naranghim•

Your birth certificate will be evidence of US citizenship. But you will need two other public records with your "new name" on it in addition to your social security card. Your driver's license doesn't look like it will count either.

"You are already using a different name but cannot document the change with a court order, divorce decree, or marriage certificate:

Submit the following in person at an acceptance facility or a passport agency (restrictions apply):

  • Form DS-11
  • Your evidence of U.S. citizenship
  • Valid ID issued in the name you are currently using and photocopy of that ID
  • One color passport photo
  • Adult First-Time Applicant fees or Child Applicant fees, depending on your age

Please note: you may need to submit Form DS-60: Affadavit Regarding a Change of Name when the name you use is significantly different than the name on your evidence of U.S. citizenship, or your new name cannot be documented by a court order or through marriage. This form must be completed by two people who have known you by both names. You must also submit three certified or original public records that show you have used the new name for 5 years or more."

https://travel.state.gov/content/travel/en/passports/apply-renew-passport/change-correct.html

2
TimeIsBunkOP•

Thank you very much! The DS-60 form and a notary may just be the ticket. I will definitely look into this.

1