TN 26 (12-98)
GN 00306.120 Using Information From Child's BC as Written Acknowledgment or Proof of Court Order
A. Policy — nh's signature shown as informant
The child's BC with the NH's signature as informant establishes written acknowledgment if it shows the NH's name as that of the child's parent.
B. Procedure — nh not shown as informant
Certain State laws or regulations require a father's written consent or a court determination before the BC of an illegitimate child can show the father's name, or show the child's surname the same as the father's. You may follow either of the following two procedures to determine if the NH filed such a written statement or if a court determination of paternity was issued.
CAUTION:You may not infer from information on the BC that there was written consent or a court determination unless one of the two procedures is productive. If you entitle the child based on a positive result from BVS or a legal precedent opinion, document the file (on the MCS RPOC screen or on an RC in non-MCS cases) with respect to the basis of entitlement.
1. Contact BVS
Contact the vital statistics office to determine if a written statement or court determination was filed.
CAUTION: See GN 00302.510G. and GN 00302.510H. for a list of States that will not release information about an amended BC.
2. Use Precedent Opinions
Alternatively, you may presume that there has been a written acknowledgment or court determination of paternity, but only if:
The BC shows illegitimacy per GN 00306.120B.3.; and
A precedent RCC legal opinion shows that applicable State law or regulations require the written acknowledgment or court determination of paternity to be filed in order for the father's name to appear on the BC, or for the child's surname to be the same as the father's on the BC.
3. How BC Shows Illegitimacy
Generally, a BC shows illegitimacy in one or more of the following ways:
It has been amended with reference to sections of the annotated State code that apply to illegitimate children;
It shows that the child's last name is the same as the mother's but not the alleged father's; or
It has a block that can be checked to show that the child is illegitimate.