Guidance

United States: Knowledge Base profile

Published 16 May 2024

About: United States

This document contains useful information about the United States which will assist His Majesty’s Passport Office staff process passport applications.

Contacts

If you have any questions about the document and your line manager or senior caseworker cannot help you or you think that the document has factual errors then email the Guidance team.

If you notice any formatting errors in this document (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the document then you can email the Guidance team.

Publication

Below is information on when this version of the document was published:

• version 3.0
• published for Home Office staff on 14 May 2024

Changes from last version of this document

This document has been updated with minor formatting changes.

United States: names

This section gives HM Passport Office operational staff information about names in the United States.

Children can have the suffix ‘JR’ which must be on their birth certificate for it to be included on a British passport.

The United States passport has space for up to 40 characters in both the forename and surname fields.

Change of name

Name changes are legal in the United States. People living outside the United States can apply in person at a United States embassy or consulate to change their name.

A change of name is allowed under the following:

• marriage
• civil partnership
• court order
• divorce or dissolution of civil partnership
• widowed applicants reverting to former or birth name
• change of name deed or statutory declaration
• adoption
• change of name through usage (used for five years or more)

The United States passport may include an observation to record a ‘known as name’, if the holder does not meet the name change criteria mentioned in the bullets above but has assumed a name for professional or other bona fide reasons.

Name alignment

HM Passport Office will not ask the customer to align their United States passport if the name on the British passport application is shown in an observation on the United States passport.

United States: nationality

This section gives HM Passport Office operational staff information about nationality in the United States.

Dual nationality is allowed, except for people working in certain government jobs.

Everyone born in the United States has automatic citizenship, with the exception of children of foreign diplomats.

United States: legitimacy and parental responsibility

This section gives HM Passport Office operational staff information about legitimacy and parental responsibility in the United States.

Legitimacy

Each state has its own laws on legitimacy.

HM Passport Office has information for all states, territories and federal districts:

Alabama

Alabama recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate:
  • if the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • if established by a court order
• illegitimate if the parents never marry

Alaska

Alaska recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate:
  • if the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • if born before 1 July 1997 and the father acknowledges the child in writing
  • if born after 1 July 1997 and both parents acknowledge the child in writing
  • established by a court order
• illegitimate if the parents never marry

American Samoa

American Samoa recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Arizona

Arizona does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Arkansas

Arkansas recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth and the father recognises the child
  • the parents marry after conception
  • the parents never marry, and the father acknowledges the child in writing
  • the parents never marry, and the father signs the birth certificate
  • established by court order
• illegitimate if the parents never marry and the father:
  • does not acknowledge the child
  • does not sign the birth certificate

California

California does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Colorado

Colorado does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Commonwealth of the Northern Mariana Islands

Commonwealth of the Northern Mariana Islands does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Connecticut

From 1 January 2022 Connecticut does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Before 1 January 2022 Connecticut recognises a difference between legitimate and illegitimate births.

A child will be considered legitimate if:

• the parents were married at the time of the birth
• established by a court order
• the parents were not married at the time of birth and:
  • the father acknowledges the child either in Connecticut or another state, or;
• the biological parents are listed on the birth certificate

A child will be considered illegitimate if the parents never marry and the father does not acknowledge the child.

Delaware

Delaware recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • both parents are named on the birth certificate
• illegitimate if the parents never marry and the father is not named on the birth certificate

Florida

Florida recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • the parents never marry, and the father acknowledges the child in writing
  • established by a court order
• illegitimate if the parents never marry and the father does not acknowledge the child

Georgia

Georgia recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth and the father recognises the child
  • the parents never marry, and the father acknowledges the child through a Paternity Acknowledgment Form filed with the Georgia State Office of Vital Records if the child is born between July 1 2008 and July 1 2016
  • established by a court order
• illegitimate if the parents never marry and the father does not acknowledge the child

Guam

Guam recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry between conception and the child’s 18th birthday
  • both parents are named on the birth certificate
  • established by a court order
• illegitimate if the parents never marry and the father is not named on the birth certificate

Hawaii

Hawaii recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • the parents are named on the birth certificate
  • the parents provide written evidence of paternity
  • established by a court order
• illegitimate if:
  • the parents are not married
  • the father is not named on the birth certificate
  • the parents do not provide written evidence of paternity

Idaho

Idaho recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Illinois

From 1 January 2016 Illinois does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Before 1 January 2016, Illinois recognises a difference between legitimate and illegitimate births.

A child will be considered legitimate if:

• their parents were at the time of the birth (even if the relationship is declared invalid after the birth):
  • married
  • in a civil union
  • in a substantially similar legal relationship, except as provided by a valid gestational surrogacy contract, or other law
• they were born within 300 days of a marriage, civil union or substantially similar legal relationship ending
• parents’ marriage, civil union or substantially similar legal relationship is declared invalid, but the person consented to being named as a parent on the birth certificate

A child will be considered illegitimate if the parents never:

• marry
• enter into a civil union
• enter into a substantially similar legal relationship

Indiana

Indiana recognises a difference between legitimate and illegitimate births.

A child will be considered legitimate if:

• the parents were married at the time of the birth
• paternity is established by a legal cause of action:
  • if the child is at least 20 years of age while the father was alive
  • if the child is under 20 years of age while the father was alive
  • if the child is under 20 years of age within 5 months of the father’s death
• from the time of the marriage, if the parents marry after the birth and the father acknowledges the child
• the parents are not married, and the father executes an affidavit of paternity

A child will be considered illegitimate if:

• the parents never marry
• the father does not execute an affidavit of paternity

Iowa

Iowa recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
• illegitimate if the parents never marry

Kansas

Kansas does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Kentucky

Kentucky does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Louisiana

Louisiana does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Maine

From 15 October 2015 Maine does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Before 15 October 2015 Maine recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Maryland

Maryland recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage if the parents marry or enter into a domestic partnership after the birth and the father acknowledges paternity either orally or in writing
  • the parents are not married or in a domestic partnership and the father acknowledges the child
  • the father has openly acknowledged the child (for example, signed any official documentation as the father)
  • established by a court order
• illegitimate, if:
  • the parents never marry
  • the father does not acknowledge the child whether married (or in a domestic partnership) to the mother or not

Massachusetts

Massachusetts does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Michigan

Michigan recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • both parents are named on the birth certificate
  • the father acknowledges the child
  • established by a court order
• illegitimate if the parents never marry and the father:
  • is not named on the birth certificate; or,
  • has not acknowledged the child

Minnesota

Minnesota does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Mississippi

Mississippi recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth and the father acknowledges the child
  • established by a court order
• illegitimate if the parents never marry

Missouri

Missouri recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Montana

Montana recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Nebraska

Nebraska recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Nevada

Nevada recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

New Hampshire

New Hampshire recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

New Jersey

New Jersey does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

New Mexico

New Mexico does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

New York

New York recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage if the parents marry after the birth
  • established by a court order
  • established by clear and convincing evidence, for example a genetic marker test, the father has openly acknowledged the child
• illegitimate if:
  • the parents never marry
  • there is no evidence the father is the father

North Carolina

North Carolina recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

North Dakota

North Dakota does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Ohio

Ohio does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Oklahoma

Oklahoma does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Oregon

Oregon does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Pennsylvania

Pennsylvania does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Puerto Rico

Puerto Rico recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Rhode Island

Rhode Island recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

South Carolina

South Carolina recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

South Dakota

South Dakota recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Tennessee

Tennessee does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Texas

From 14 June 2001 Texas does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Before 14 June 2001 Texas recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage, if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

US Virgin Islands

US Virgin Islands recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • o  from the time of the marriage, if the parents marry after the birth
  • o  established by a court order
• illegitimate if the parents never marry

Utah

Utah does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Vermont

Vermont does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Virginia

Virginia recognises a difference between illegitimate and legitimate births.

A child will be considered:

• legitimate if:
  • their parents were married at the time of the birth
  • from the time of the marriage if the parents marry after the birth
  • established by a court order
• illegitimate if their parents never marry

Washington state

Washington state does not recognise a difference between legitimate and illegitimate births. All children are born legitimate whether their parents were married or not.

Washington, D.C. (District of Columbia)

Washington D.C. (District of Columbia) recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • the parents are named on the birth certificate
  • established by a court order
• illegitimate if:
  • the parents never marry
  • the father is not named on the birth certificate

West Virginia

West Virginia recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage if the parents marry after the birth
  • established by a court order
• illegitimate if the parents never marry

Wisconsin

Wisconsin recognises a difference between legitimate and illegitimate births.

A child will be considered:

• legitimate if:
  • the parents were married at the time of the birth
  • from the time of the marriage if the parents marry after the birth
  • established by a court order
• illegitimate if their parents never marry

Wyoming

Wyoming does not recognise a difference between illegitimate and legitimate births. All children are born legitimate whether their parents were married or not.

Parental responsibility 

Parental responsibility in the United States can be referred to as custody in some states, territories and federal districts.

Both parents hold parental responsibility in the United States if they are married.

Where parents are not married each state has its own laws on parental responsibility for unmarried fathers. The mother will have custody of a child in all states, territories and federal districts but there may be times when an unmarried father also has custody depending on the state, territories or federal district laws.

HM Passport Office has information for all states, territories and federal districts:

Alabama

Both parents will have custody if:

• they marry after the child is born; or,
• it is granted by a court order

Alaska

Both parents have custody if they are named on the birth certificate unless a court order removes it.

American Samoa

Both parents have custody if:

• they are named on the birth certificate; or,
• father acknowledges he is the father of the child

Arizona

Father will be given joint custody with the mother if:

• he is named on the birth certificate; and
• a court order gives him it

Arkansas

The mother will have sole custody unless the father is granted joint custody by a court order.

California

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Colorado

Both parents have parental responsibility if they are named on the birth certificate unless a court order removes it.

Commonwealth of the Northern Mariana Islands

Both parents share custody if a parental relationship is established

Connecticut

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Delaware

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Florida

The mother will have sole custody unless the father is granted joint custody by a court order.

Georgia

Both parents will have custody if:

• the birth is legitimate, and;
• it is granted by a court order

Guam

Both parents will have custody if the birth is legitimate.

Hawaii

Both parents share custody unless a court order says otherwise.

Idaho

Both parents share custody if:

• they are both named on the birth certificate; or,
• the father files a voluntary acknowledgement of paternity with vital statistics; or,
• paternity is established by a court order

Illinois

Father will be given joint custody with the mother if:

• paternity is established by a court; or,
• he acknowledges the child

Indiana

Father will be given joint custody with the mother if:

• they file an affidavit of paternity; or
• it is established by a court order

Iowa

Father will be given joint custody with the mother if:

• he is named on the birth certificate or paternity is acknowledged; and,
• granted by a court order

Kansas

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Kentucky

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Louisiana

Father will be given joint custody with the mother:

• if he is named on the birth certificate or paternity has been established; and,
• granted by a court order

Maine

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Maryland

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Massachusetts

The mother will have sole custody unless the father is granted joint custody by a court order.

Michigan

The mother will have sole custody unless the father is granted joint custody by a court order.

Minnesota

The mother will have sole custody unless the father is granted joint custody by a court order.

Mississippi

The mother will have sole custody unless the father is granted joint custody by a court order.

Missouri

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Montana

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Nebraska

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Nevada

Both parents have custody if they are named on the birth certificate unless a court order removes it.

New Hampshire

Both parents have custody if they are named on the birth certificate unless a court order removes it.

New Jersey

Both parents have custody if they are named on the birth certificate unless a court order removes it.

New Mexico

Both parents have custody if they are named on the birth certificate unless a court order removes it.

New York

Both parents have custody if they are named on the birth certificate unless a court order removes it.

North Carolina

Both parents have custody if they are named on the birth certificate unless a court order removes it.

North Dakota

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Ohio

The mother will have sole custody unless the father is granted joint custody by a court order.

Oklahoma

The mother will have sole custody unless the father is granted joint custody by a court order.

Oregon

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Pennsylvania

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Puerto Rico

Both parents have custody if they are named on the birth certificate.

Rhode Island

Both parents have custody if they are named on the birth certificate unless a court order removes it.

South Carolina

Father will be given joint custody with the mother if:

• he is named on the birth certificate or paternity has been established; and,
• granted by a court order

South Dakota

Father will be given joint custody with the mother when:

• he is named on the birth certificate or paternity has been established; and,
• granted by a court order

Tennessee

The mother will have sole custody unless the father is granted joint custody by a court order.

Texas

Both parents have custody if they are named on the birth certificate unless a court order removes it.

US Virgin Islands

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Utah

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Vermont

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Virginia

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Washington state

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Washington, D.C. (District of Columbia)

Both parents have custody if they are named on the birth certificate unless a court order removes it.

West Virginia

Both parents have custody if they are named on the birth certificate unless a court order removes it.

Wisconsin

The mother will have sole custody unless the father is granted joint custody by a court order.

Wyoming

Both parents have custody if they are named on the birth certificate unless a court order removes it.

United States: adoption

This section gives HM Passport Office operational staff information about adoption in the United States.

Adoption is legal in the United States.

Adoption is not usually identifiable on a birth certificate.

Adoptive parents in California and Texas complete a different form, which changes the format of the birth certificate.

United States: surrogacy

This section gives HM Passport Office operational staff information about surrogacy in the United States.

Surrogacy is legal in the United States.

When a surrogate birth is registered, the authorities can add the name of the commissioning parents to the birth certificate meaning the commissioning mother can appear instead of the birth mother.

United States: gender recognition

This section gives HM Passport Office operational staff information about gender recognition in the United States.

The laws for gender recognition vary between states. It is possible to change the gender on a United States passport.

United States: civil partnerships and marriage

This section gives HM Passport Office operational staff information about civil partnerships and marriage in the United States.

Rules surrounding civil partnerships and same sex marriage vary between states.

United States: documents

This section gives HM Passport Office operational staff information about documents from the United States.

Most states have one style of birth, death and marriage certificate. Some states have variations of the theme issued by county or towns. There is no central register for births, deaths and marriages in the United States, records are held at state level.

Birth certificates

Birth records are held in the individual state’s Bureau of Vital Statistics. Birth certificates should have a state or county seal on them and have either been filed within 1 year or issued within 3 months of the birth.

A number of states and the federal district of Washington D.C. (District of Columbia) issue birth certificates showing gender X, the states are:

• California
• Colorado
• Connecticut
• Illinois
• Kansas
• Maine
• Massachusetts
• Michigan
• Nevada
• New Mexico
• New York
• Oregon
• Rhode Island
• Utah
• Washington state
• Wisconsin (available for parent named on the form from July 2021)
• Washington, D.C. (District of Columbia)

From 1 April 2011, all birth certificates issued in the United States are full birth certificates (known as long form birth certificates).

If a mistake is identified on a birth certificate a new document is normally issued. This can vary between states and some amendments are shown at the bottom of the certificate.

Marriage certificates

The rules on recognising a marriage vary between states, religious weddings are recognised if the person conducting the marriage is licensed with the state. Marriages are recorded in the state the marriage took place.

If the customer cannot produce a marriage certificate, they can get a certified copy from the State or County Clerk confirming the marriage has been registered with them.

Death certificates

Death certificates are issued for all deaths. There is no central register.

Identity documents

The United States passport has space for up to 40 characters in both the forename and surname fields.

The United States does not have a national identity card, proof of legal residency or immigration status is required for other types of identity, for example, driving licences, or to confirm legal visitor status.

A number of states and the federal district of Washington D.C allow the gender marker ‘X’ on their state identity cards; the states are:

• California
• Colorado
• Connecticut
• Hawaii
• Illinois
• Indiana
• Maine
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• Utah
• Vermont
• Virginia
• Washington