Legal Question in Family Law in New Mexico

I want to amend a court order. The order already states that Mr. X can be added to Child As birth certificate as the father. I need the amendment to state that Child A can be called Child X on her birth certificate. I spoke to a representative of the states vital statistic and records office, she stated that this is the way to go. Or I can go with option B, which is to do a legal name change. That is more costly and time consuming.


Asked on 9/02/10, 9:30 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

In NMSA 40-11A-636 F the court may, in an order adjudicating parentage, order the bureau of records to amend the birth certificate if it is at variance with the rest of the order. It doesn't say so, but one may assume that could include changing the child's name. Probably the court would seek concurrence of the mother. to accomplish this you would file a motion with the court asking the court to amend the order pursuant to the cited statute as follows: etc. etc..

A legal name change isn't that hard if the parents are in agreement. You have to publish it and that's sort of expensive but not that hard. See NMSA 40-8-1.

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Answered on 9/07/10, 1:48 pm


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