Pennsylvania: Real ID is coming, do you need a legal name change?
THE PANDEMIC PUSHED THE FEDERAL DEADLINE FOR REAL ID OR A PASSPORT or a passport to October 1, 2021. Are you ready? AS OF MARCH 26, 2021
A legal name change to correct an error on your birth certificate may be a necessary step toward obtaining a Real ID Drivers’ License in Pennsylvania, where Real ID licenses will become available beginning in March 2019.
Real ID is a federal law passed by Congress in 2005 as a result of the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” Because the list of documents required to obtain a Real ID Drivers’ License in Pennsylvania is more rigorous than a typical license, which will also still be available, some state residents may find themselves in need of a court order to correct errors made long ago.
A typical example is a misspelled first or last name on your birth certificate. Until now, PennDOT has allowed some variance between birth certificates and drivers’ licenses if other identification is presented. That option is gone for those Pennsylvanians seeking Real ID Drivers’ Licenses. (March only marks the launch of the state’s Real ID Drivers’ License program – there is no deadline for obtaining a Real ID Drivers’ License if you want one).
Only a Court Order or Decree signed by a judge in the county of your current residence can be used to correct a long ago birth certificate error. I can help you obtain such a name change in Bucks or Montgomery counties. The process is long and requires petitioning the court, publishing notice of the requested change, obtaining clearances acceptable to the court and a Hearing before a judge. It typically takes between 3 and 6 months to obtain a name change in Bucks or Montgomery County, assuming there are no legal barriers to the process.
After the name change, you’ll need to go to the state that issued your original birth certificate and follow that agency’s procedures to receive a corrected birth certificate – sometimes this takes another six to nine months.
Sound overwhelming? First, consider whether you, a Pennsylvania resident, need a Real ID in the first place. By federal law, on October 1, 2020, a Real ID or acceptable alternative identification will be required to enter secured federal or military facilities and to board a commercial domestic airplane anywhere in the U.S. or its territories. (County or Federal courthouses are exempt from this requirement, unless they already require federal identification to enter).
A Real ID Drivers License is a federalized form of identification. Pennsylvania residents do not need a Real ID Drivers License (which costs a one-time fee of $30.00 to obtain) to drive, vote or for general local identification purposes. If you have a current passport, that may suffice for commercial air travel or access to federal facilities. You should research this.
As part of the 2005 legislation, each state is already required to adhere to federalized standards of drivers licenses they issue. Pennsylvania, which has updated many security aspects of its drivers’ licenses since 2005, has an extension to fully comply by August 1, 2019. This means your current license, no matter which version, will still get you on a plane until then.
If, however, you expect you will need a Real ID Drivers’ License from Pennsylvania, plan carefully and review the list of documents required. If you need to correct a birth certificate prior to obtaining a Pennsylvania Real ID Drivers License, do not delay!
Call my office today at 215-345-5259 for a free first consult on your name change.
– Elissa C. Goldberg, Esquire
Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901