5 Name Corrections

5 Name Corrections cmluwisc Mon, 01/23/2023 - 17:59

5.1 Venue, Jurisdiction, & Parties

5.1 Venue, Jurisdiction, & Parties cmluwisc Mon, 01/23/2023 - 18:00

An adult1 born in Louisiana may seek a judgment correcting the name on their birth certificate in a number of venues.2  For adults who are current residents of Louisiana, judgment may be sought in the parish of residence, the parish of birth, or the parish that serves as venue for Vital Records. For non-resident adults, judgment may be sought in the parish of birth or the parish that serves as venue for Vital Records. For currently incarcerated Louisiana residents, judgment may be sought in the parish of sentencing only. All Petitions for name correction are filed against the District Attorney in which the proceedings occur.3  Jurisdiction over name-correction Petitions lies in courts with general jurisdiction over civil matters and need not proceed through any specialized court.

  • 1More restrictions apply to minors. See La. R.S. 13:4751(C).
  • 2La. R.S. 13:4751(B).
  • 3La. R.S. 13:4752.

5.2 Requirements

5.2 Requirements cmluwisc Mon, 01/23/2023 - 18:03

A history of felony conviction is the only clear statutory restriction on who may be eligible for or even seek a name correction.1  Petitioners who have been convicted of any felony must complete their sentence prior to Petitioning for a name correction. This includes completion of both physical incarceration and any probationary or parole periods. Moreover, any person convicted of a “crime of violence” listed in La. R.S. 14:2(B) is forever barred from seeking a name correction in Louisiana.

  • 1La. R.S. 13:4751(D).

5.3 Process and Pleadings

5.3 Process and Pleadings cmluwisc Mon, 01/23/2023 - 18:04

5.3.1 Petition and Rule to Show Cause

5.3.1 Petition and Rule to Show Cause cmluwisc Mon, 01/23/2023 - 18:05

A Petition requesting name correction is a summary proceeding that must be filed against the District Attorney for the parish of filing.1  The pleading must set forth the usual facts establishing jurisdiction and venue, as well as the “reasons for the desired change.”2  Typically, this reason need not be exhaustive or explicit in nature. As long as the Petitioner is not seeking the name correction in an attempt to evade debt or criminal charges, any rational reason to request the correction should be acceptable to the court. At this point, the use of innocuous or nearly generic language can help shield the Petitioner from undue scrutiny regarding their gender identity. 

It is also advisable to file a Request for Notice as the District Attorney may fail to serve the Answer. Because judgment may be rendered in chambers, there is no obligation to submit the Petition with an Order issuing a Rule to Show Cause. This can be helpful for clients looking to save on filing fees. However, if there are concerns about obtaining final judgment in a timely manner, it is advisable to file a Rule to ensure a date to obtain judgment.

  • 1 La. R.S. 13:4752.
  • 2La. R.S. 13:4751(B).

5.3.2 Service on the DA

5.3.2 Service on the DA cmluwisc Mon, 01/23/2023 - 18:06

The Petition seeking name correction must be served on the District Attorney for the jurisdiction in which the Petition is filed. To save on the cost of service of process, you may want to consider hand delivering the Petition along with a waiver of service. This can also provide you an opportunity to gather contact information for the person or department that will be responsible for answering your pleading. Some District Attorneys do not prioritize answering name correction Petitions and a certain amount of follow-up may be needed to ensure the process moves forward promptly. If a Rule is not filed with the Petition, it may be necessary to file one subsequently to push the District Attorney and the case forward toward final judgment.

5.3.3 Background Check

5.3.3 Background Check cmluwisc Mon, 01/23/2023 - 18:07

While not statutorily mandated, District Attorneys typically conduct background checks on the Petitioner to determine whether to object to the requested name correction. In most districts this background check is done by the DA’s office, but some ask the Petitioner to obtain and provide a federal- or state-level background check. In any case, this kind of check represents an additional cost burden to your client that should be discussed prior to filing any pleadings. It is advisable to contact the District Attorney’s office in advance to find out what, if any, additional steps your client will need to take.

5.3.4 Answer

5.3.4 Answer cmluwisc Mon, 01/23/2023 - 18:08

Having been served with the Petition, the District Attorney is obligated to file an Answer and to appear at any hearing date that has been set in relation to the Petition. It is common for the DA to omit service of the Answer, so you should either file a Request for Notice at the commencement of the case or regularly check the case file to know when the matter is eligible for judgment.

5.3.5 Signing of Judgment

5.3.5 Signing of Judgment cmluwisc Mon, 01/23/2023 - 18:09

Name corrections are explicitly permitted to be signed either in open court or in chambers without hearing.1  If the matter has not previously been set for hearing, you will most likely need to hand deliver the complete case file along with the proposed judgment to the judge handling your matter for signing in chambers. Your client will not need to be present for this process. If the matter is set for hearing, you will make your appearance with your client and provide any additional information as requested by the court. If the DA has no objection to the requested name correction, the judge will not likely request any additional information.

  • 1La. R.S. 13:4753.

5.3.6 Submission to Vital Records

5.3.6 Submission to Vital Records cmluwisc Mon, 01/23/2023 - 18:10

Once a final judgment granting the requested name correction is rendered, the Revised Statutes require you to provide the Office of Vital Records with a certified copy of the Judgment.1  Vital Records administrative policy requires providing a certified copy of the Petition, the Answer, and the Judgment. Submission of the application also requires payment of a processing fee as well as fees associated with obtaining additional certified copies of the corrected birth record. All applications to amend birth records are routed through the primary Vital Records office in Baton Rouge and significant delays can occur. Each application is assigned a case number and case manager at Vital Records; feel free to follow up with that person for regular progress updates. At the time of this writing, the Vital Records processing time is 16 to 18 weeks.

  • 1La. R.S. 13:4754(B)

5.4 Parent of a Minor

5.4 Parent of a Minor cmluwisc Mon, 01/23/2023 - 18:11

There is no clear legal process by which a parent may correct their name on their child’s birth certificate. Vital Records administrative policy permits “minor corrections” such as misspelling of a parent’s name to be corrected by submitting the parent’s own birth record or other documentation demonstrating a correct spelling until the child reaches the age of 12.1  However, if the name correction involves an entirely different name, it is unclear if Vital Records will make the correction even if the parent has obtained a judgment of name correction. Arguably the public policy position of Vital Records is to maintain records that reflect information as accurately as possible. If a parent’s name is no longer accurate on the child’s birth record, it would seem that Vital Records would be obliged to correct that information in alignment with the Judgment. If Vital Records refuses to make the correction, please refer this family to an expert who may be more equipped to assist in the relatively creative advocacy and/or litigation needed to navigate this administrative and legal blind spot.