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?
- Category: Vital Records
- Subcategory: Birth Certificates
- Date:
- State: Texas
Answer:
No, she cannot establish your paternity and get child support and benefits from you for the child by simply writing down your name on the child’s birth certificate. In order to establish your paternity in Texas, certain items on the child’s birth certificate relating to the child's father has to be completed. Here are those items:- 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(b) [Repealed by Acts 2003, 78th Leg., ch. 610 (H.B. 1878), § 23, effective September 1, 2003.]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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
