When the NH is not shown as informant on the BC but is shown as the father for an
ILLEGITIMATE child (i.e., child born outside of wedlock), you may follow either GN DAL00306.120B.1 or GN DAL00306.120B.2 to determine if the NH filed a written consent or if a court determination of paternity
was issued (GN 00306.120B. ).
CAUTION: You may NOT infer from information on the BC or any numident record that there was
written consent or a court determination unless one of the following two procedures
is productive. Remember to also consider child relationship under other provisions
in GN 00306.000.
If you entitle the child based on a positive result from the Bureau of Vital Statistics
(BVS) or based on a legal precedent opinion when the BC shows illegitimacy, document
the file on the MCS RPOC screen or on an RC in non-MCS cases per GN 00301.292.
In an effort to avoid repeated FO contacts with the BVS, the following information
is provided on which States will release information about amended BCs and about a
written statement or court determination of paternity.
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Arkansas
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Written Authorization by parent(s) listed on the record required.
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Louisiana
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No
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New Mexico
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No
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Oklahoma
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No
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Texas
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No
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2. Use of Precedent Opinions
To establish consistent regional guidelines for applying the presumption that the
NH filed a written acknowledgment of paternity or that a court determination of paternity
was entered, precedent opinions for each State in the Dallas Region were obtained
in 2000. State law requirements and applicable effective dates relative to the entry
of the father's name on the BC of an illegitimate child are summarized in the precedent
opinions at PR 01210.000.
However, the precedent opinion should ONLY be used to infer that there has been written
acknowledgment or a court determination of paternity if the BC shows illegitimacy.
As indicated in GN 00306.120B.3. a BC may show illegitimacy in one or more of the following ways:
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•
It has been amended with reference to sections of the annotated State code that apply
to illegitimate children;
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•
It shows that the child’s last name is the same as the mother's but not the alleged
father's; or
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•
It has a block that can be checked to show that the child is illegitimate.