Can her husband sign the birth certificate if he is not the biological father?

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?

  • Category: Vital Records
  • Subcategory: Birth Certificates
  • Date:
  • State: Texas

Answer:

Yes, her husband can sign the child's birth certificate since he is married to the child's mother. Generally, a person can be listed as the father on a birth certificate if:

  • he was married to the mother at the time of conception or birth, or after the birth,
  • paternity is established by a court order, or
  • a valid acknowledgment of paternity is filed with the vital statistics unit.

If you want to be recognized as the child's father on the birth certificate, you may need to establish paternity through a court order. Relevant statutes include Sec. 192.005, which outlines the requirements for completing a birth certificate regarding the father.

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.

FAQs

If parents are not married, the baby can take either parent's last name. Typically, the mother’s last name is used if the father is not listed on the birth certificate. However, parents can agree on a last name before the birth certificate is filed. It's advisable to check state laws regarding naming conventions to ensure compliance.