Paternity FAQs

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.

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."

Will my certified copy of a court order establishing paternity/parentage 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.

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.

What is the fee for filing a new birth certificate based on parentage?

A father is not listed on my child's birth certificate as I wasn't married at time of birth. Can I file a paternity claim to have my current husband listed as the father? He is willing to accept responsibility for my child.

A father is not listed on my child's birth certificate as I wasn't married at time of birth. Can I file a paternity claim to have my current husband listed as the father? He is willing to accept responsibility for my child.

No, only the biological father of the child can be added to a birth certificate by using the paternity rules and procedures. The only legal way a stepfather can have his name added to the birth certificate as the father is for him to legally adopt the child. You must consult an attorney to learn about the procedures for adoption.

Where can I get a copy of the court order that I need to send in with my application?

You can obtain a certified copy of an existing court order from the district clerk's office in the county where the court action took place.

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?

Our office cannot provide you with legal advice. You must contact an attorney for information on the steps and procedures for petitioning a court to establish or remove paternity.

I need an Acknowledgement of Paternity form sent to me. Where can I get that form?

Texas Vital Statistics cannot send out Acknowledgement of Paternity forms to applicants. Instead, the forms can only be obtained from someone certified by the Texas Attorney General's office to verbally explain to all the parties the rights and responsibilities that come with signing the form.

To learn about your options, find a certified person, or you do not live in Texas call the Paternity Opportunity Program at 1-866-255-2006. to find such a person or "entity." Please listen to all options carefully.