This memorandum is in response to your request for our review and comments concerning
a draft of the Regional Transmittal to Program Operations Manual System (POMS) GN 00306.120. It is our understanding that it is the practice of Management Operations Support
to provide a POMS Regional Transmittal to establish precedent opinions applicable
to specific states within a region. A Regional Transmittal is designed to determine
for each state within Region VI whether an illegitimate child's birth certificate
(BC) may constitute evidence of written acknowledgment, or a court order, of paternity
where the father's name is on the BC. We suggest several changes to your draft POMS
Regional Transmittal. We have researched the law to verify the current status of each
state's requirements for entry of a father's name on a BC and also have included where
applicable a summary of any changes in a state's law during approximately the past
twenty years. As explained below, we believe the transmittal should appear as shown
on the attachment.
1. Father's name
At all times relevant, a father shall be named on a BC if there has been a court determination
of paternity. Prior to September 1, 1989, the father of an illegitimate child could
be named on the BC only if there was a court determination of paternity. Tex. Civ.
Stat. Ann. Art. 4477, Rule 47a(a)(2) (West 1988). Since September 1, 1989, a father
shall be named on a BC if there is a court order of paternity, the father signed the
BC, or the father consented in writing to be named as the father on the BC. Tex. Health
& Safety Code Ann. §§ 192.005(a)(2) and (3) (West 1999).
2. Child's surname
Prior to September 1, 1989, the name and other related information about the father
could be included on the BC only if there was a court determination of paternity.
Tex. Civ. Stat. Ann. Art. 4477, Rule 47a(a)(2) (West 1988). Since September 1, 1989,
there has not been a provision dealing with the child's surname on a BC.