Legal Question in Family Law in Texas

Re: Birth

I am a NM attorney as that is the state where you posted your question. I would imagine that TX law on this point is similar to that of NM. However, please understand that I am addressing only generalities in the law.

The only way that you can change the information on a birth certificate is by court order. Thus, if you want to put a man's name on the birth certificate you will have to (1) obtain a court order that says the man is the father of the child; and (2) your order should further state that the Department of Vital Records (or whatever that Department is called in TX) is ordered to change that name of the father on the birth certificate to the name of the same person who is adjudicated as the father in the court order. After you have that court order you will send in the money to pay for the cost of a new birth certificate and you will send with the money the 'certified true original copy' of the order and a letter to the Department explaining to them (nicely) what it is you would like done. [It is also possible that you could check the website of that Department in TX and see if they lay out a 1, 2, 3 step process for you.]

This is a fairly routine court order that an attorney can obtain for you. Please go and visit with an attorney about the details and specific facts of your case.

Good luck.

Law Guru

Re: Birth

If you are married, the State of Texas presumes that your husband is the father. Therefore, you would need DNA testing showing who the correct father is.

Then you can be voluntary paternity and as part of the parternity action, ask the court to order the State of Texas official to issue a new birth cert. with the right name on it.

How much does it cost? The answer is -- it depends -- if everyone is agreeable it is much cheaper. The filing fees in Texas varies per county but anticipate approx. $300 filing fee to start the process.