I am Married, What Name Do I Use In My California Adult Adoption Case, my married name or the name on my birth certificate?
I am Married, What Name Do I Use In My California Adult Adoption Case, my married name or the name on my birth certificate?
For both the Adopting Parent(s) and the Adult Adoptee, when preparing the legal paperwork for your Adult Adoption case in California Superior Court always use your name as it shows on your birth certificate. California Adult Adoptions establish a permanent and legal family relationship that traces back to the Adopting Parent(s) birth record and the Adult Adoptee's birth record.
Although there are some variations to the rule of using your name as it reads on your birth certificate, all the variations follow the same general rule for Adult Adoptions: always use your name as it shows on your birth certificate.
MARRIED WOMEN: But I am married and have always used my husband's last name (my married name) instead of my birth/maiden name. Also, my driver's license and passport are in my married last name, not my maiden name. Many married women are surprised to find out that their married last name is not a legal name change, it is an alias legally referred to as an ALSO KNOWN AS (a/k/a) name. Again, use the default rule: always use your name as it shows on your birth certificate. However, the variation with married women using their husband's last name is that they may write the legal paperwork using their birth name and an a/k/a name as illustrated below:
Here is a common hypothetical example for a married woman: Jane Marie Doe was born in Arizona in 1956 and the name on her Arizona birth certificate is Jane Marie Doe. Jane Marie Doe married John James Smith in 1976 and has always used the name Jane Marie Smith for the last 50 years with that name being listed on her driver's license and passport. Jane never filed for a lawful name change case in Superior Court asking a Judge to legally change her name from Jane Marie Doe to Jane Marie Smith. Jane wants the adult adoption paperwork to be written with her married name Jane Marie Smith, but that is incorrect because the adult adoption case will establish a family relationship with the Adoptee that traces back to the birth of Jane Marie Doe born in Arizona in 1956. The correct way to write this legal paperwork for the California Adult Adoption petition, Adult Adoption agreement and the Adult Adoption order would be: Jane Marie Doe also known as Jane Marie Smith.