I have the wrong surname

[Clare A Ross]

Dont get me wrong, I am not complaining of negligence on the part of the registrar or anything of the kind. It is merely an interest into what people may do in a situation like this, when they discover in their recent history a provable error in the records. I would think there may be some precedent set for such a situation, where records are amended, simply to keep the records straight. I wouldnt change my name by deed poll or anything, but wondered more about correcting such an error in records .

As currently as things stand, Thomas McDill was born and recorded and then at his death was recorded as Thomas Ross, by mistake because noone knew the truth. So that leaves a gap in the continuity of the records, which I wondered if that gets amended with some note, for future generations to be able to see what happened (as I only stumbled upon it by chance and curioisity).

I wouldnt change my name by deed poll, it is enough for me to know my genetic history, and be able to find relatives I never knew I had this way, but like I say, I do wonder what the precedent is when a mistake in a record shows up that is provable beyond doubt, whether it gets amended in retrospect by the registrar.

[behindthefrogs]

The poinnt that I was trying to make is that there was no legal error.  It doesn't matter what your birth certificate says if you were known as Ross when you died then that is the correct thing to have on your death certificate.  The only reason for deed poll and other semi-official methods of changing a name is to sort out any legal complications which might arise.

David

[Clare A Ross]

It just seems odd to me that a man then can use any name on his childrens birth certificate. I suppose like you say, it only effects legal obligations, and as a baby doesnt have any so early on, it doesnt matter in that respect, but never the less, it does not seem right somehow that a man (or woman) can use any name they choose to give on such an important document.

So I could have child and on his birth certificate put my name as his mother as Clare Peanuthead, without changing my name to Clare Peanuthead by deed poll and he would go through life with the surname peanuthead, just because thats what I felt like calling myself that day.

I understand we can name a child any first name, but the surname surely is different, there must be a reason that we carry the paternal lines name and if we were not legally required to do so, then people would be inventing new surnames for their children all the time and there would be no continuity of family name at all.

[Clare A Ross]

Here is one situation where it could have an impact.

Say for example Thomas McDill senior had a huge estate that he had left in his will to all his biological greatgrandchildren when they came of age. 

That would mean that I legally had a claim to part of this huge estate and should be living in a castle in the Highlands, but due to the mistake I discovered in the records  I would never be recognised as his great grandchild and totally miss out.

[PaulineJ]

Yet the child does not have to carry the stated parents' surname.

Your offspring could be named Strawberry Jellybean, even in the parental surnames were Peanuthead and Stoopid.

Pauline

[aghadowey]

Scotland's People website explains why there might be different surname on a certificate, etc.:
www.scotlandspeople.gov.uk/content/faqs/questions/index.aspx?179

[Gadget]

Current position regarding changing names in Scotland:

http://www.gro-scotland.gov.uk/regscot/change-of-name.html

Also :

http://www.gro-scotland.gov.uk/regscot/about-registration-in-scotland.html#corr



Gadget

[RJ_Paton]

If your ancestor as a child was named Thomas McDill but was brought up by his mother as a member of the Ross family and adopted that name then his use and reputation under that name made it his name. As has been pointed out prior to 1930 there was no formal adoption law in Scotland and these informal renamings must have happened on quite a number of occasions.

As has also been pointed out Scots Law in a similar fashion to English Law allows a person to change the name that they are known by on an informal basis without going to court although for official purposes that process is more advisable.

However if in the example quoted regarding Clare Peanut - if that was the name given the registrar would record it and would also record your original name so that the entry would read Clare Ross also known as Clare Peanut.

A better example of this is in the use of the maiden surname - under Scots Law a woman does not change her name to her husbands upon marriage but simply adopts the name for her use (if she wants to) on all legal documents she would still be known primarily by her maiden surname with her married name "tagged" on afterwards e.g. Clare Ross or Peanut

As regards inheritance - Scots law always differed from English law in that illegitimacy would not necessarily have been considered a barrier to inheritance although proving that vital link would always have been  difficult until the use of DNA.

[dollylee]

I went to Register House in Scotland and found a birth certificate that makes me unclear about my actual surname.

You see my Great Grandfather, was commonly known as Thomas McDill Ross (1884-1960), his son my grandfather was also a Thomas McDill Ross(1911-1949) and his son, my father Barry McDill Ross. I am named Clare Ross.

But when I found the birth certificate of my Great Grandfather (1884-1960), he is registered at birth as being the illegitimate son of Thomas McDill (1849-1922)  and Annie Ross (widow of John Ross who is not the father and who died four years previously). It actually states those things on the birth certificate and his name on his birth certificate is Thomas McDill, the same as his father.

I must be missing the point you are trying to make.

You state that your great grandfather was "commonly" know as Thomas McDill Ross which makes us believe that was the name he always used.  If that was the case then there was no mistake made when he registed that name as the father of his son.

If you are looking at genealogy, then Thomas McDill Ross was registered as Thomas McDill on his birth certificate which also states that Thomas McDill from Scotland was his father.  So McDill would be the blood line that Thomas McDill Ross was part of for purposes of genealogy.

I don't quite understand why you would feel you have the wrong last name except for the purposes of tracing your ancestors.

dollylee

*modified when I realized I had further confused things by making him a McGill