Paternity Establishment

[jttbnw]

What is the name of your state? Texas

I have an9-year-old daughter whose father as had no contact in 7 years or pays child support. We were never married, but he was there at the time of birth and she has assumed his last name. I am not sure if he signed the birth certificate but his name is on it claiming he is the father. I am pretty sure he did not sign an AOP form, and have read that in Texas there are two primary ways to establish paternity for a child. Both parents can sign a legal document to establish the paternity of the child. This document is called an Acknowledgment of Paternity. The second way to establish paternity is through a court proceeding. Neither one of these were done. There was a law passed in 1999 making the AOP a legal binding document, and an unmarried mans name cannot appear on the birth certificate without an AOP. So what about prior to 1999 with situations like myself? My daughter was born in 1994, and his name is on the birth certificate as the father so she could assume his name. We were not married and he did not sign an AOP form. Does this mean I can have his name removed from the birth certificate? And have her last name changed to mine? Does this make it easier for my husband to adopt her?

I may have left a few details out that you need to these question. If this is the case feel free to ask.

Thank you in advanced for your replies

 

[Whyte Noise]

The 1999 law has nothing to do with your situation.

Since your child was born in 1994, it's the laws that were in place at that time that have to be followed. Not something enacted 5 years later.

My oldest daughter was born in 1992, and her father and I didn't marry until 4 months later. However, he did sign her birth certificate as acknowledgement that he is her father. The law in 1992 was that the father's name on the birth certificate is acknowledging his paternity, as an umarried father had to give his consent to actually being the father to even have his name placed on the birth certificate. (This was in Georgia.)

The law now states that there has to be an AOP signed by both parties when they are unmarried. However, that doesn't make my daughter NOT her father's simply because of what the law NOW says. The law in 1992 was signing the BC was acknowledgement, and that's the law that applies.

 

[VeronicaGia]

What is the name of your state? Texas

I have an9-year-old daughter whose father as had no contact in 7 years or pays child support. We were never married, but he was there at the time of birth and she has assumed his last name. I am not sure if he signed the birth certificate but his name is on it claiming he is the father. I am pretty sure he did not sign an AOP form, and have read that in Texas there are two primary ways to establish paternity for a child. Both parents can sign a legal document to establish the paternity of the child. This document is called an Acknowledgment of Paternity. The second way to establish paternity is through a court proceeding. Neither one of these were done. There was a law passed in 1999 making the AOP a legal binding document, and an unmarried mans name cannot appear on the birth certificate without an AOP. So what about prior to 1999 with situations like myself? My daughter was born in 1994, and his name is on the birth certificate as the father so she could assume his name. We were not married and he did not sign an AOP form. Does this mean I can have his name removed from the birth certificate?

***Not without his consent or an order from a judge.

And have her last name changed to mine?

***See above.

Does this make it easier for my husband to adopt her?

***See above. He has every right to be informed of all of these things.

I may have left a few details out that you need to these question. If this is the case feel free to ask.

Thank you in advanced for your replies