Chapter Eight NAMES, NAME CHANGES, SOCIAL SECURITY NUMBER CHANGES, & BIRTH CERTIFICATES If you wish to change your name, other than through marriage, Alaska Civil Rule 84 sets out the procedures for both adults and minors. Identity change for victims of domestic violence, sexual assault and stalking – through both a name change and social security number change – is a very complicated process and should not be done without thorough safety planning with an advocate and consultation with an attorney. CHANGING YOUR NAME UPON MARRIAGE Many women change their name upon marriage. If you choose to do so, notify all agencies with which you deal, such as the Social Security Administration and the Department of Motor Vehicles. The Social Security Administration recommends that whatever name you choose, you should use it all the time to make sure you get credit for all benefits. If you do change your name, you can fill out a Social Security form for a change of name. You have to show documents proving identity under both your old and new name. The IRS uses your name from Social Security records. Be certain your names for these two agencies match so you get prompt tax refunds. KEEPING YOUR PRIOR NAME If you choose to continue to use your parents’ name, you will not have to take any steps to notify agencies after marriage. If you have difficulty getting documents as a married person using your own name, you should deal with the agencies involved first. A lawsuit over your name can be expensive. The IRS and the Alaska Department of Revenue should issue a refund check in the name under which you file, whether you file jointly or separately. However, be sure your tax name matches your name on Social Security records. What are the name change procedures in Alaska? Alaska Civil Rule 84 sets out a formal procedure for any person to change her name. If you follow the procedures set out in Rule 84, you can choose any name. Every Alaska court has forms for you to use to apply for a name change. You do not have to go through this procedure if you are getting a divorce. The judge can change your name back to your prior name as part of the divorce decree without a separate proceeding. If you desire to change your name to something other than your prior name, the process is more complicated and further hearings and publication are necessary. [AS 25.24.165] Pursuant to Civil Rule 84, if you want to change your child’s name other than as part of an adoption proceeding, you need to have the consent of the child’s legal parents or legal guardians. If you do not have all the required consents, you must prove to the court that you properly served a copy of the name change petition and date and time of hearing on the legal parents/guardians at least 30 days prior to the hearing. If a legal guardian or biological parent objects at the hearing to the name change, the court will determine if the name change is in your child’s best interests. The court will consider the desires of older children. These procedures can be complicated; therefore, it is wise to consult an attorney if you cannot obtain the required consents. From Women’s Legal Rights Handbook © 2015 Alaska Network on Domestic Violence and Sexual Assault 1 Chapter 8: Names, Name Changes, Social Security Number Changes, & Birth Certificates NAMING A CHILD There is no requirement in Alaska that a child have any particular name. There is a requirement that a birth certificate be filed within five days after birth. The birth certificate states the mother’s name. If the mother was married at the time of the baby’s birth, the birth certificate will also list her husband’s name as the name of the baby’s father unless a court (in a paternity suit) has decided that a different person was the father. [AS 18.50.160.] Alternatively, the mother, the mother’s husband, and the biological father can all execute an affidavit attesting that the husband is not the father and replacing the husband’s name on the birth certificate with the biological father’s name. [AS 18.50.160] If the mother was not married at the time of the baby’s birth, the father’s name can be left blank on the birth certificate. If the mother and father, though unmarried, both request the father to be listed, the registrar must do this. A woman can leave the father slot blank. If a later paternity action establishes the father, the registrar can add or change the name. [AS 18.50.160.] NAME CHANGE WITHOUT PUBLICATION/DOMESTIC VIOLENCE SITUATIONS In certain highly lethal domestic violence situations, a victim might consider changing their identity for safety purposes. The first step in that process is generally a name change. A victim of domestic violence can request a Rule 84 name change from the court without publication. An attorney can prepare legal documents and provide information to the court on why you need a name change and how publication of the name change would put your safety at risk. The attorney should also request that the court keep the file sealed. While a Rule 84 name change normally does not require a lawyer, requesting a Rule 84 name change without publication and under seal is complicated and has many long-term repercussions. This is especially true if the person seeking to change their identity has children. Seeking attorney assistance is highly advised. CHANGING YOUR SOCIAL SECURITY NUMBER/DOMESTIC VIOLENCE SITUATIONS A victim of domestic violence can request a new social security number by providing information to the Social Security Administration of social security number misuse by the perpetrator and/or the severe nature of harassment/abuse or life endangerment. Your local social security office can provide forms and assistance in applying for a new social security number. [See the Resource Directory at the end of this handbook for contact information.] The social security office will request information documenting the nature of harassment/abuse or life endangerment including police reports, medical records, other court documents or letters from any agencies assisting you as a result of the domestic violence. If you are planning to change your name, you may want to do so before changing your social security number to ensure that there is no record of the old name on the new social security number. As with the process of changing your name for domestic violence victims, completely changing your identity in this manner has many long-term effects. It is not necessarily a complete assurance of safety. It is highly recommended that individuals seeking these remedies consult with their local domestic violence/sexual assault program and an attorney prior to changing their social security number and name. From Women’s Legal Rights Handbook © 2015 Alaska Network on Domestic Violence and Sexual Assault 2
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