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Expertise
Expertise 2021

Changing Your Date of Birth

Creating and Maintaining Your Family Documents

At The Law Offices of Derek Lim, we help those in California and across the world navigate the complex world of family law. We offer our services in English, Mandarin, Cantonese, Thai and Laotian, and are dedicated to providing affordable legal services in an effective and timely manner.

Can You Legally Change Your Birthdate?

Only when you are trying to make a correction to your birthdate. Unlike other forms of identity, such as your first name, you cannot have your birthdate changed or edited out of personal preferences. The day you were born is the only birthdate that you can legally claim. Your birthdate is an important form of identity, and claiming alternative birth dates on legal documents or forms can be considered an act of fraud.

If you believe that your reported birthdate is incorrect and is in need of correction, you can petition your court. Laws regarding changing your birth date vary depending on state, but we will be mainly focusing on California in this article.

Court Procedure and Petitioning

If you seek to make corrections to your date of birth, you would generally begin by applying for what is called a Delayed Registration of Birth. The Health and Safety Code Section 102585 requires you to substantiate your application with at least one piece of documentary evidence as listed in the code. If you are unable to provide any of said documentary evidence, you will have to petition your county’s Superior Court to Establish Facts of Birth.

You can make a petition to the county in which you either reside in or where the birth is alleged to have taken place. For example, if you are a resident of Fremont, CA, you would file a petition with Alameda County Superior Court. If you are a resident of Sunnyvale, CA, you would file a petition with Santa Clara County Superior Court.

In addition to providing evidence in the form of documents, you will also be required to provide supporting affidavits to the court. Supporting affidavits are made by those who can support your claims in regards to your alleged date of birth.

Immigration and Changing Your Birth Date

At our office, most of our clients who request to have their birthdate changed often have an immigrant background. We’ve seen it in multiple cases as we’ve discussed with clients and due to certain circumstances during the process of immigrating, that personal information is sometimes compromised. Understandably, the thought of fixing this information may seem intimidating due to potential consequences of appearing deceptive,

Experienced U.S. Family Law Attorney — Call Today

Need assistance with your family documents? Don’t hesitate to get started with The Law Offices of Derek Lim. We provide toll free phone consultations for those looking to speak with an experienced attorney. Call our Fremont office at 800-769-3977 to get started. You can also reach out to us by filling out our Contact Us page on our website. Our experienced family law lawyers at our Fremont and San Francisco locations can help steer you into the right direction.

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