I am advised by the Passport Service that the application to which you refer requested that the passport issue in a name other than that noted on the applicant’s birth certificate and that in the absence of legal documents verifying this change of name, the passport issued to the applicant in the name noted on their birth certificate.
All passport applications are subject to the terms of the Passports Act, 2008, as amended (“the Act“). The Act provides a legal basis for the various policies and procedures that are applied by the Passport Service in the issue of passports.
Section 10 of the Act provides that a passport will issue in the name of a citizen as it appears on his/her birth certificate or naturalisation certificate. Under the Act, a passport can be issued in a different name from that which appears on a person’s birth certificate in situations such as marriage, civil partnership etc. where civil or legal documents are available to verify this change.
In cases where a name change arises other than by marriage, civil partnership or adoption, section 10 of the Act specifically requires evidence of the use of this new name over a two year period to be submitted before a passport can issue in a new name.
The requirement for two years proof of usage does not, however, apply to cases where a birth certificate has been re-registered. In order for a passport to issue in a new name where the birth certificate has been amended, a new passport application will have to be submitted and that application must include the original amended birth certificate as issued by the General Registrar.