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?
1 Answer from Attorneys
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.
Related Questions & Answers
-
Domain names I own alot of domain names that don't have the first dot. ie... Asked 10/06/01, 7:50 am in United States New York Intellectual Property