5.4 Parent of a Minor

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.

• 1Amendments to Birth Records, La. Dep’t Health.