Can two women sign a child's birth certificate in the state of Texas?

Asked about 2 years ago - Houston, TX

I am pregnant and a lesbian. My girlfriend wants to sign the birth certificate but we don't know if we can do that.

Attorney answers (3)

  1. M Elizabeth Gunn

    Contributor Level 18

    1

    Lawyer agrees

    Answered . No, your partner won't be able to do that. If a father is to be listed on the birth certificate, it must be the biological father of the child, regardless of whatever legal situation may be involved.

  2. Tristan Harris Longino

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I agree with Ms. Foley. Your partner could adopt the child to become the second person with parental rights, but you would first need to terminate the father's rights. You will likely need to consult an attorney to accomplish the termination and adoption.

    Tristan Longino is licensed to practice law in Texas only. The above response is merely an opinion not intended... more
  3. Eric B. Dick

    Pro

    Contributor Level 14

    Answered . In a situation with step-parents or same sex unions, It is important to know legal implications of standing as well as the fair faith and credit clause. Basically, if these ever is a custody dispute likely your girlfriend will not be able to seek visitation of your child (similar to the case law of a step-parent). This can change depending on the circumstances and whether you are legally married in another state and when the child is born.

    Respectfully,

    Eric Dick, LL.M.
    832-207-2007 - Office
    713-498-7969 - Cellular
    eric@dicklawfirm.com
    www.dicklawfirm.com

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