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In the state of Texas, Can my boyfriend sign the birth certificate and give the baby his last name?

Mckinney, TX |

I have been separated from my husband for two years and am currently pregnant with my boyfriends baby . I understand that I can not get a divorce until the baby is born , but want to know if I will be able to give the baby my boyfriends last name and if he would be able to sign the birth Certificate .

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Attorney answers 1

Posted

You should check with the hospital where you will give birth. They may have specific policies in place that will mandate how the paternity will be cited on the birth certificate (BC).
Regardless of whose name is on the BC, your husband is the legal father of the child until the legal documents of your divorce state otherwise. You should engage a local attorney ASAP, to initiate your divorce. Although it cannot be finalized until the birth of your baby, you can get it started so that as soon as your child is born, you can finalize it. Then your boyfriend can file an acknowledgement of paternity. ( Your attorney may be able to combine these processes.)
Good luck!

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

Elizabeth Durso Branch

Elizabeth Durso Branch

Posted

I agree with the prior comment regarding the acknowledgement of paternity however, there must also be a denial of paternity by your husband who is the "presumed father." The following information is from the Texas Bureau of Vital Statistics: "If the parents are not married to each other and want to establish a legal father and/or add the father to the child’s birth certificate, they may voluntarily complete the Acknowledgment of Paternity (AOP) form. The AOP must be signed by both parents before a witness or witnesses. If the mother is married to someone other than the biological father of the child or has been married within 300 days before the birth of the child, the AOP must also include a Denial of Paternity from her husband or former husband. The AOP must be filed with the Bureau of Vital Statistics (BVS). The AOP forms are supplied upon request by the Bureau of Vital Statistics. "