Can a husband, who is not the actual father, register his name as father on the birth certificate of his wife's child?
Full Question:
My boyfriend has a 2 yr old son but he does not have his name on the birth certificate but we all know he's the father. His baby momma threatens to have her husband to sign the BC. Does her husband have any right to do so?
11/04/2016 |
Category: Vital Records ยป Birth Certif... |
State: Texas |
#26156
Answer:
- he was married to the child's mother at the time of the child's conception, or at the time of the child's birth, or after the child's birth,
- his paternity is established by a court order, or
- he executed and filed a valid acknowledgment of paternity with the vital statistics unit.
The following are the 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(b) [Repealed by Acts 2003, 78th Leg., ch. 610 (H.B. 1878), § 23, effective September 1, 2003.]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.
