Full question:
I’m not married but have a 6-month-old baby. We live in Texas. I do not want the child’s father to have any claims on him. I’m yet to apply for my baby’s birth certificate. Can I omit to enter the name of my baby’s father in the certificate?
- Category: Paternity
- Subcategory: Birth Certificate
- Date:
- State: Texas
Answer:
Texas law does not require to enter father’s name in the birth certificate unless the child’s mother was married to the father, paternity is established by order of a court of competent jurisdiction, or the father has executed a valid acknowledgment of paternity which is filed with the vital statistics unit. However, if a birth certificate where the details as to the child's father are not completed is filed with the state registrar, the state registrar shall notify the attorney general.Pursuant to Sec. 192.005 of Health and Safety Code,
“(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.
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(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.
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(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.”
(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.”
Thus, Texas law provides for not entering the details of the father in child’s birth certificate.
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.
