Court orders for changes to birth records must be presented directly to DRVS in person, by mail, or made online. Applicants must make an appointment if they are planning on coming in person. The cost is $60.00.
- Legal Name Changes
If you were born, or reside, in Maine and want to have your name changed, you may petition the judge of the county probate court in which you reside; if you are minor, your legal guardian may petition the court on your behalf. If you were born in Maine and now reside out-of-state, you may petition a court with competent jurisdiction over you (this is typically in the county where you reside).
The individual requesting the name change must be the registrant listed on the birth record or the parent of a minor's birth record. A Legal Name Change court order is required to change any part of the child's name (first, middle or last name). The judge, after due consideration and notice, may issue a decree changing your name.
Once the Legal Name Change has been obtained, it must be presented to Data, Research, and Vital Statistics (DRVS).
The following items must be submitted to DRVS request documents - An original, attested Legal Name Change court order (original will be returned upon request) or the Request to Amend a Vital Record Application (VS-14). - If a parent would like to have their legal name change applied to their children(s) birth records, the parents listed on the child's birth record must complete an Application to Correct a Vital Record in Maine (VS-7) (PDF) in addition to providing the court ordered legal name change. - A government issued photo ID from the requester.
For more information, download our Legal Name Change Brochure (Word)
- Adjudication of Parentage (Parental Rights and Responsibilities)
Parentage of a child can also be determined by a court. A parent or other authorized representative of the child may ask the court for an order establishing Parentage of a child by filing a proceeding to adjudicate parentage of the child (also called a court determination).
If the final order is in variance with the child's birth certificate, individual or entities must provide DRVS with the final order adjudicating parentage (or legal name change, if applicable) to amend the birth certificate along with the $60.00 fee that includes a certified copy of the updated birth certificate.
For more information about paternity and parental rights, visit here: Paternity and Parental Rights or download our Maine Parentage Act FAQ's (Word).
- Gestational Carrier Agreements (Surrogate)
Pursuant to a valid gestational carrier agreement, before or after the birth of the resulting child, a party to the gestational carrier agreement may commence a proceeding in District Court to obtain an order:
- Designating the contents of the birth certificate and directing DRVS to designate the intended parent or parents as the parent or parents of the child.
- Declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child.
- Sealing the record from the public to protect the privacy of the child and the parties; or
- For any relief that the court determines necessary and proper.
In the event a court order via gestational agreement is presented to a medical facility before the birth of the child, the intended parents, not the birth mother and/or husband, will be entered on the birth certificate by the medical facility.
In the event the birth has occurred, and the birth certificate is prepared before a court order is obtained, the court order must be present directly to DRVS to amend and seal the original birth via the court order. The court order must name the intended parent (or parents) as the parent (or parents) of the child and direct DRVS to amend the birth record on file and seal the existing birth certificate from the public. The $60.00 fee must be submitted at the same time.
In the event the birth was a planned home birth or unattended birth, the birth certificate must be created based on the mother who gave birth, including completion of medical and parent worksheets. The court order must then be handled as stated above.
How to Get a New Birth Certificate After a Court Adoption
According to Maine law, those wanting to get a new birth certificate after a court adoption must follow the process below.
Children Born in Maine
When a U.S. court approves an adoption for a child born in Maine, DRVS prepares a new birth record. The original birth record and the adoption documents (VS-9, medical history, and adoption reunion registry, if applicable) are placed in a sealed file.
DRVS sealed files can only be opened through a court order even when the birth parents are known to the adoptee or the adoptive parents.
Under Maine law, when adoptees reach the age of 18 they may order their preadoption birth record. For more information about ordering preadoption birth records, visit our Adoption Records and State of Maine Adoption Reunion Registry page.
Children Born Outside the United States
The requirements for filing a Certificate of Foreign Birth are the same as for other adoptions. Maine law provides for the issuance of a Certificate of Foreign Birth if a child born outside the United States to parents who are not U.S. citizens is adopted through a Maine court. When a court of competent jurisdiction in the State of Maine approves an adoption for a foreign-born child, the office of Data, Research, and Vital Statistics (DRVS) prepares a Certificate of Foreign Birth (a new birth record), and the adoption documents are placed in a sealed file. Vital record sealed files can only be opened through a court order from a Maine court even when the birth parents are known to the adoptee or the adoptive parents.
If a Certificate of Foreign Birth has already been filed in another state and the child is re-adopted by a second set of adoptive parents, the documents should be forwarded to the state where the first Certificate of Foreign Birth record was filed. A child born in Canada to parents who are not U.S. citizens will have a new birth certificate created by the province where the birth occurred.
If a child is born abroad to at least one parent who is a U.S. citizen, the birth certificate is usually registered through the U.S. Department of State at the time of birth. If a person born abroad is not registered through the U.S. Department of State before the age of 18, then proof of citizenship needs to be obtained from the U.S. Department of Homeland Security/Immigration and Naturalization office.
- Restricted Access Forms for Courts
Access to these forms is restricted to those who have applied for and received a user id and password. If you do not have a user id and password, please visit the Application form. [InforME: this "application form" seems to have its own url. Can it be an embedded form of sorts on this page going forward?]
Email sent to Tim and Megan 4/18 -- easier to password protect these items, or put on one password protected page?
For any other questions, please contact us directly:
Data, Research, and Vital Statistics (DRVS)
Vital Records Unit
220 Capitol Street
State House Station (SHS) 11
(207) 287-3771
(888) 664-9491
VitalRecords.DHHS@maine.gov