Can I establish paternity by just writing the Father's name on the child's birth certificate?
Full Question:
Can a woman just write my name down on the birth certificate and get child support and benefits off of me even though I may not be the father?
10/31/2016 |
Category: Vital Records ยป Birth Certif... |
State: Texas |
#25966
Answer:
- She should have married to you at the time of the child's conception, or at the time of the child's birth, or after the child's birth, or
- your paternity of the child was established by order of a court of competent jurisdiction, or
- You must have executed and filed a valid acknowledgment of paternity with the vital statistics unit.
The following are Texas statutes in this regard:
Sec. 192.005. Record of Paternity.
(a) The items on a birth certificate relating to the child's father shall be completed only if:
(1) the child's mother was married to the father:
(A) at the time of the child's conception;
(B) at the time of the child's birth; or
(C) after the child's birth;
(2) paternity is established by order of a court of competent jurisdiction; or
(3) a valid acknowledgment of paternity executed by the father has been filed with the vital statistics unit as provided by Subchapter D, Chapter 160, Family Code.
(b) [Repealed by Acts 2003, 78th Leg., ch. 610 (H.B. 1878), § 23, effective September 1, 2003.]
(c) A person may apply to the state registrar for the removal of any indication of the absence of paternity of a child who has no presumed father from the person's birth record.
(d) If the items relating to the child's father are not completed on a birth certificate filed with the state registrar, the state registrar shall notify the attorney general.
