WA Name on Birth Certificate Different from Name Used - Help?

Discussion in 'Other/General Law Forum' started by Pennycrow, 19 August 2018.

  1. Pennycrow

    Pennycrow Active Member

    Joined:
    19 August 2018
    Messages:
    7
    Likes Received:
    0
    I was born with one surname, but when I was around 7-8yrs old my mother remarried and against my real father's permission, they changed my surname to that of my step-father. So from that age I have been known as a name I was never legally given.

    My school records, bank accounts, tax file number, my children's birth certificates, superannuation etc. I did not get my drivers license until 30 yrs old, and all of a sudden I was informed that I had to use the name on my birth certificate. So my main piece of identification now had a different name. I have notified places like Centrelink that I am bizarrely known by two names.

    My step father is no longer in my life, and I wish to remove that false name and replace it with my born name, wherever I can. My real father is now in my life - we had no communication between me being 4yo- 35. I now have superannuation companies refusing me access to my funds to rollover, because they say they know I changed my name and want to see legal supporting documents?

    How do I sort out the nightmare of living under a name that my mum and step dad changed without legal right when I was a child in the 1980's. Apparently you could get away with things like that then!
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

    Joined:
    16 February 2017
    Messages:
    1,250
    Likes Received:
    245
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Pennycrow

    Pennycrow Active Member

    Joined:
    19 August 2018
    Messages:
    7
    Likes Received:
    0
    If my name is legally the one I was born with, and that is the name I wish to go with, do I really need to change it to that? My drivers license and birth certificate have this name. I guess my question is how do I go about proving to the bank, ATO, superannuation companies etc that I should be able to change my name with them? Does that make sense?
     
  4. Rob Legat - SBPL

    LawTap Verified Lawyer

    Joined:
    16 February 2017
    Messages:
    1,250
    Likes Received:
    245
    Okay, that wasn’t clear from your initial post. Your birth certificate and your drivers licence are government issued identification papers. Tell the others there is an error in their records and produce the correct identification. If they refuse to change it, take it to their respective complaints processes. Each will have one, and they must tell you about it, especially if you ask.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Pennycrow likes this.
  5. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    5,066
    Likes Received:
    716
    It is not unreasonable for the super funds to make this process difficult.

    Identity fraud is something they need to be very mindful of. So accept it will take time and just work through the processes one step at a time. After all you don't want to lose your savings to someone pretending to be you.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Pennycrow likes this.
  6. Pennycrow

    Pennycrow Active Member

    Joined:
    19 August 2018
    Messages:
    7
    Likes Received:
    0
    Thank you for your help!

    If they question why their records incorrect, "Well, why do we have surname A, if you are meant to be surname B?", do you think it will be sufficient to show my official documents and explain that I was falsely named as a child? Or am a best off, not explaining the details and to just ask for the change?

    Sorry, one more question, because I want to be clear when I start sorting this out. Thank you very much for your time.
     
  7. Rob Legat - SBPL

    LawTap Verified Lawyer

    Joined:
    16 February 2017
    Messages:
    1,250
    Likes Received:
    245
    Tell them the truth, it's a valid explanation and better than no explanation (which, in itself, will look suspicious). Rod is correct about timeframes. Don't expect it to be a quick, easy process.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Pennycrow likes this.
  8. Pennycrow

    Pennycrow Active Member

    Joined:
    19 August 2018
    Messages:
    7
    Likes Received:
    0
    Yes, I understand that. This is exactly why I don't want to be torn between two identities, as it looks suspicious to anyone who does not know the situation. I have lived most of my life under a name I was never meant to have, because my mother and step father just decided I needed to have the same surname as them. My real father apparently refused to let step father adopt me , even though he wasn't in my life at all. So now this is my situation. It is ridiculous.
     
  9. Pennycrow

    Pennycrow Active Member

    Joined:
    19 August 2018
    Messages:
    7
    Likes Received:
    0
    Thank you very much gentlemen, I think honesty is the best policy. I have a lot in the way of documents to support me, so I am hoping that will help too. I even have a primary school report card from the year my mother remarried, that shows both names!
     
  10. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    2,717
    Likes Received:
    592
    The truth is also the easiest thing to remember.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Pennycrow and Rob Legat - SBPL like this.
Loading...

Share This Page

Loading...
gt;