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.
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.
Eric Dick, LL.M.
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Mr. Dick is licensed to practice law in Texas and his office located in Harris County. Mr. Dick primarily practices family law in Harris County and nearby counties and offers free consultations.
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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 as legal advice and is not intended to be relied upon. The above response does not create an attorney-client relationship. A local attorney should be consulted prior to taking any course of action.
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