My name prior to adoption; can I get it back

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Dennis
Posts: 828
Joined: Fri Mar 25, 2005 6:58 pm

My name prior to adoption; can I get it back

Post by Dennis » Thu Jul 25, 2013 12:37 am

Hi. I may have asked this before, symptom of early onset dementia? I have 2 birth records for me, the first has 'Illegitimate' handsomely penned on it and no father's name, the 2nd has 'Abbreviated Certificate of Birth' and dated some 5-6 years after my birth and has given me my original name with a new surname tagged on ( Bob Smith is now Bob Smith Jones). Can I go back to being Bob Smith? How?

cheers. dennis
Names of interest: Lennox McKenna Airth Skirving Veitch Laird Drysdale Bennett Colledge Baird Blades Barker Dow Mitchell Perkins Rielly Stewart Tulloch Wright Ure, Ritch Richardson, Whyte
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StewL
Posts: 1396
Joined: Sat Dec 11, 2004 12:59 am
Location: Perth Western Australia

Re: My name prior to adoption; can I get it back

Post by StewL » Thu Jul 25, 2013 2:27 am

Hello Dennis
If you live in Scotland, I believe you can call yourself whatever you want, as long as it is not for illegal purposes. Elsewhere, I suppose as you have a birth certificate giving your name, you would be quite entitled to use that name.
However, in this day and age of identification, you may need to get some advice on the situation.
Stewie

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Elwyn 1
Posts: 212
Joined: Sun Sep 05, 2010 8:34 pm
Location: Co. Antrim, Ireland

Re: My name prior to adoption; can I get it back

Post by Elwyn 1 » Thu Jul 25, 2013 10:20 am

I think the advice about being able to use any name you like is correct. There’s no legal requirement to do anything. You can just start using your new (ie old) name from tomorrow if you want. However, from a practical point of view, most public bodies want some evidence. So your bank, employer, passport office etc will ask for proof of the chnage. Otherwise they won’t change your name on their records, nor respond to correspondence in the new name.

What most people seem to do is swear out an affidavit in front of a Commissioner of Oaths or similar, stating that: “as from today, I Bob Smith Jones, of 3 High St, Anytown, have changed my name to Bob Smith etc”, and then show that document to each relevant body, with a request that they change the name in their records. (They usually copy it and return the original so you should only need a few master copies).

But the best advice is definitely to see a lawyer, to make sure that the quirks of Scottish Law are fully met, and to ensure the wording on the affidavit is right.
Elwyn

LesleyB
Posts: 8184
Joined: Fri Mar 18, 2005 12:18 am
Location: Scotland

Re: My name prior to adoption; can I get it back

Post by LesleyB » Thu Jul 25, 2013 10:25 am

Hi Dennis

If you were born or adopted in Scotland you can revert back to your previous name following advice on the GROS website.
Although as Stew says you can call yourself what you want, you can officially change your name for a small fee: the current fee is £40.00, and you will also most likely need to order a copy of your revised birth extract or abbreviated certificate which is a further £15.00 - if for instance you wanted your driving licence or passport or bank details changed to reflect your changed name. See:
http://www.gro-scotland.gov.uk/regscot/ ... -name.html
- here you can find the forms you need to fill in and send off to achieve the change of name. For info, if you go for the abbreviated certificate there will only be your chosen name on it (and a bit that says "Formerly known as...." with your old name which incidently generates an RCE), but not the names of the adoptive parents.

Not too much of an outlay for the peace of mind it gives and the ability to feel that you are able to be on paper the person you feel you are - a simple luxury taken for granted by the majority of people.

Go for it!

Best wishes
Lesley

p.s. note that any request (by banks or whatever) for a "deed poll" is not relevant in Scotland as it is an English legal document, recognised in Scotland but not legally required.
See for info: http://www.deedpoll.com/name-change-scotland.htm
- but you do NOT need to pay for a deed poll document. Your revised birth entry from GROS is sufficient.

Currie
Posts: 3924
Joined: Fri Jun 22, 2007 3:20 am
Location: Australia

Re: My name prior to adoption; can I get it back

Post by Currie » Thu Jul 25, 2013 11:15 am

If you are not a resident of Scotland this Wiki covers the basics.
http://en.wikipedia.org/wiki/Name_change

Alan

Ina
Global Moderator
Posts: 1367
Joined: Wed Dec 08, 2004 6:46 am
Location: California,originally from Greenock.

Re: My name prior to adoption; can I get it back

Post by Ina » Thu Jul 25, 2013 4:55 pm

I legally changed my name from Williamina (which I hated) to Ina when I became a US citizen........no cost or lawyer to do it at that time. Had to notify Government of change.

Ina

Logan1887
Posts: 3
Joined: Mon Aug 26, 2013 2:36 am

Re: My name prior to adoption; can I get it back

Post by Logan1887 » Mon Aug 26, 2013 3:47 am

This being my first post, bear with me.

My husband has degree in law, and according to him, whether you live in US, Scotland, etc., the law is fairly basic. Any person can change their name legally, by gong to your local county court and applying for a "Permanent Change of Name"; you have to do this in person. There may be a hearing where you will have to appear to confirm the change of name. A judge, or other official, will ask you if the change is done of "Your free will." It takes only a few minutes, but the court process makes it legal. Good Luck.

Logan1887
Posts: 3
Joined: Mon Aug 26, 2013 2:36 am

Re: My name prior to adoption; can I get it back

Post by Logan1887 » Mon Aug 26, 2013 3:51 am

Ina, I can appreciate the name change. I had a cousin whose name was "Shirley". HE went by John or "Jiggs" (I never figured out this one either).

LesleyB
Posts: 8184
Joined: Fri Mar 18, 2005 12:18 am
Location: Scotland

Re: My name prior to adoption; can I get it back

Post by LesleyB » Mon Aug 26, 2013 6:14 pm

Hi Logan1887
and welcome to Talking Scot. :D
by gong to your local county court and applying for a "Permanent Change of Name"; you have to do this in person. There may be a hearing where you will have to appear to confirm the change of name. A judge, or other official, will ask you if the change is done of "Your free will." It takes only a few minutes, but the court process makes it legal.
You don't have to do this in Scotland - all you have to do is as I posted above: fill in the form and post if off with your fee. I know this because I have been through the process myself. That is all you need to do in Scotland to legally change your name.

The resulting name change however, can keep you busy for a quite some months (or years!) afterwards, because you need to make a list of everyone you need to inform...e.g. bank, doctors, dentists, car licence, your employer etc etc. But you can take your time and just work through it! You can find lists online to help you compile your own, for instance:
http://deed-poll-office.org.uk/changing ... ame-change

Best wishes
Lesley

Falkyrn
Posts: 309
Joined: Mon Jul 18, 2005 7:04 pm
Location: Scotland

Re: My name prior to adoption; can I get it back

Post by Falkyrn » Tue Aug 27, 2013 11:56 am

Every Country has different processes but if in Scotland the procedure is laid out on this page of the GRO (Scotland) Site which specifically refers to a name change and the procedures involved. There are links provided to information leaflets and the forms necessary to make the application.
Who may Apply to Record a Change of Name?

Any person whose birth is registered in Scotland or who was legally adopted in Scotland may apply for a recorded change of name.
http://www.gro-scotland.gov.uk/regscot/ ... -name.html
~RJ Paton~