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Is it legal for a married man to list his name on birth certificate without his wife acknowledgement of child born to affair?

Houston, TX |

Husband had 3 month affair, claims woman decided to have baby, and he claims he signed birth certificate. It is not factual that paternity was established, because no documents are available. The mother of the child was very well aware of marital status, and did not contact wife until the affair got shaky.

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Attorney answers 3


This means nothing if you seek a judicial determination of paternity.


It sounds as though you are the wife in this scenario. It is legal for him to be on the birth certificate. And if he chooses to claim the child without genetic testing, there is not much you can do about it.

You should all be aware that he has a very limited window in which to dispute paternity and genetic testing would have to be a part of that.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


The man's wife has no paternity interests in this matter.
There is no reason for the man's wife to be involved in this matter.

If he decides to exercise his visitation rights then she will the step-parent of this child. As a step-parent she will have no legal rights regarding this child.

It is irrelevant that the woman knew that the man was married when they had the affair.

Sounds very harsh -- but that is Texas law.

Fran Brochstein has been a licensed Texas attorney over 22 years. She is a Advanced Credentialed Mediator by the Texas Mediator Credentialing Association. Fran enjoys educating people about Texas laws and mediation -- her motto is "knowledge is power". She has a full-time family law mediation practice in the Houston area. She is also trained n elder law mediation. If you need a consultation and mention that you saw this on - Fran will give you a discounted rate of $175/hour -- her usual hourly rate is $300/hour. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week on her personal cell phone.