Texas vital statistics home
Birth or Dead records
Request for a birth certificate
Request for a death certificate
Request a verification
Request an amendment
Request an apostille
Heirloom birth certificates
Disinterment Permits
Delayed Birth Registration
Marriage or Divorce Records
Request a Verification
Wedding Anniversary certificates
Adoption
Central Adoption Registry
Paternity and Parentage
Request a new birth certificate based on parentage
Frequently Asked Questions
Texas.gov
Birth or Death Records
Amendments
Marriage or Divorce Records
Adoption
Paternity
Forms
Vital Registration Home
General Information
Contact Information
Customer Service
Report Fraud to Texas Health and Human Services
Home > Texas Vital Statistics > Request Certificates > Paternity: Frequently Asked Questions
Paternity: Frequently Asked Questions
For legal questions about Texas vital records, please consult an attorney. Click here for information about paternity on the Texas Attorney General's website.
Please note that because each situation is different, every application must be reviewed by a specialist to determine whether it is acceptable. If the application is determined to not be acceptable, you will be contacted with additional instructions, which will increase the processing time.
How do I add the father's name and information to a birth certificate?
How do I change the father's name and information on a birth certificate when there is already a father listed on it?
How do I remove the father's name and information from a birth certificate?
Can the mother's information be removed from a birth certificate?
Does a court order terminating the parental rights allow information to be removed from a birth certificate?
What is a "gestational agreement"?
Can the intended parents' names on the birth certificate be changed using the Application for a New Birth Certificate Based on Parentage?
Will my certified copy of a court order be returned to me by the state?
What if one of the parents is deceased?
Can the name of a stepfather be added to a birth certificate using the Application for a New Birth Certificate Based on Parentage?
What about changing the child's last name?
What is the fee for filing a new birth certificate based on parentage?
How do I file a new birth certificate based on parentage?
I need to change my last name (or my child's last name) on the birth certificate to that of the biological father. What do I need to know before I can do that?
I need to add the father's name and information to my child's birth certificate. Or, I need to change the father's information on it to someone else's information. What do I need to do?
I need to remove my name as the father from a child's birth certificate. What do I need to do?
Where can I get a copy of the court order that I need to send in with my application?
How do I get a court order allowing a change on a birth certificate to remove the father's name, add the father's name, or change the name of the father?
There is no father listed on my child's birth certificate because I wasn't married to anyone when my child was born. Can I file a paternity claim to have my current husband listed as the father? He is willing to accept responsibility for my child.
I need an Acknowledgement of Paternity form sent to me. Where can I get that form?
I was told that I need an "entity code." How do I get one?
I need a copy of the Acknowledgement of Paternity form that was filed for my child. How can I get one sent to me?
I need to find out if a man has filed a paternity claim (Intent to Claim Paternity) for a child. How would I find that information? The child is being adopted, and I have to have that search made before the adoption can proceed.
How do I add the father's name and information to a birth certificate?
This is the most common change made using the Application for a New Birth Certificate Based on Parentage. If the father's information had been left blank on the birth certificate, these items can be added to the birth certificate by submitting the Application for a New Birth Certificate Based on Parentage form, signed by both parents in the presence of a notary public, and one of the following documents:
Certified copy of a marriage license between the mother and the biological father
Properly completed State of Texas Acknowledgement of Paternity form (VS-159.1)
Certified copy of a court decree establishing parentage between the child and the biological father
Return to the Top
How do I change the father's name and information on a birth certificate when there is already a father listed on it?
The father's name and information on the existing birth certificate can by changed with:
The Application for a New Birth Certificate Based on Parentage, signed by at least one of the parents in the presence of a notary public, and a certified copy of a court order indicating the true and correct biological father; or
The Application for a New Birth Certificate Based on Parentage, signed by both parents in the presence of a notary public, and a completed Acknowledgement of Paternity form (VS-159.1) signed by the mother and biological father. In addition, the man presently listed as the father on the existing birth certificate is required to sign the denial portion of the Acknowledgement of Paternity form.
Return to the Top
How do I remove the father's name and information from a birth certificate?
This requires a certified copy of a court order indicating that:
The man currently listed as the father on the birth certificate is not the biological father, or
The father's rights have been terminated, and his name is to be removed from the birth certificate. In this case, the Application for a New Birth Certificate Based on Parentage can be signed in the presence of a notary public by either the mother or by the man whose name is being removed from the birth certificate.
Return to the Top
Can the mother's information be removed from a birth certificate?
Yes. The mother's birth information can be removed using the Application for a New Birth Certificate Based on Parentage if a court order was granted that terminates the mother's rights and specifically states that her information is to be removed from the birth certificate.
Return to the Top
Does a court order terminating the parental rights allow information to be removed from a birth certificate?
Information can be removed only if the court order has stated that the father listed on the birth certificate is not the biological father or if it specifically states that a person's name and information are to be removed from the birth record.
Return to the Top
What is a "gestational agreement"?
A gestational agreement is an agreement under which a woman agrees to bear the child of a married couple. The child being carried by its "gestational mother" does not share any of her genetic material. The baby's genetic parents are usually referred to as the "intended parents."
Return to the Top
Can the intended parents' names on the birth certificate be changed using the Application for a New Birth Certificate Based on Parentage?
Yes. This change requires a certified copy of a court order. Based on a gestational agreement, the court may order the birth certificate of a child born to a gestational mother be changed to show the genetic parents' names and information.
Return to the Top
Will my certified copy of a court order be returned to me by the state?
No. Evidence used to establish parentage is not returned; it is retained as part of the official, permanent record.
Return to the Top
What if one of the parents is deceased?
If one of the parents is deceased, a court order indicating true and correct parentage is needed to add a parent's name and information to the birth certificate.
Return to the Top
Can the name of a stepfather be added to a birth certificate using the Application for a New Birth Certificate Based on Parentage?
No. The Application for a New Birth Certificate Based on Parentage cannot be used to add a stepfather to the birth certificate. This form can only be used when adding the biological father to the birth certificate.
Return to the Top
::snipping2::
What about changing the child's last name?
The child's last name can be changed to the father's last name if both parents are in agreement and they both sign the Application for a New Birth Certificate Based on Parentage in the presence of a notary public. However, if a court order already addresses a name change for the child, the child's name must be changed to what the court has ordered it to be.
::snipping2::
http://www.dshs.state.tx.us/vs/reqproc/faq/paternity.shtm#a10My opinion is she changed the name rather than going through the process of adoption...my opinion
