To legally change your birth date, you must petition the court and provide compelling evidence that the data listed on the current birth certificate is incorrect. Judges are reluctant to grant orders to amend birth dates, particularly if you believe the listed birthday is off by less than one year.
Obtain proof that the date of birth listed is incorrect. If the date of birth is listed incorrectly due to a typographical or clerical error, obtain written evidence of the correct birthday. In these circumstances, hospital records, along with a notarized affidavit from a doctor or hospital administrator verifying their authenticity, should be sufficient to obtain a change in birth date.
Establish the correct birth date with medical evidence. In many instances of children adopted overseas, birth records are inaccurate and based on estimations made by the orphanage staff. If you believe that your child’s birth date is incorrect, consult a pediatrician and pediatric dentist to help you determine your child’s actual age. Ask the medical professionals to prepare sworn affidavits attesting to your child’s actual date of birth.
Petition the court for a change of date of birth. Once you have written evidence, prepare a Motion for Change of Date of Birth, and file it with the clerk of the court. Your motion should contain a summary of your evidence and reasons for requesting the change of date of birth. Be sure to attach original copies of all your medical evidence and other supporting paperwork.
Go before a judge and make your case. You will be given a hearing so that the judge can determine the merits of your case.
Forward the signed change of date of birth order to the state department of vital records and request a new birth certificate. Once the judge signs the order authorizing a change of birth date, you or your attorney will be responsible for forwarding it to the vital records department. The state will then be able to issue a new birth certificate, reflecting the amended date of birth.
Use the new birth certificate to change data with the Social Security Administration. As a final step, you will need to contact your local Social Security office and request that the date of birth be changed in its system.