PR 01210.048 Texas
A. PR 01-090 Establishing Precedents for Using Information from Child's Birth Certificate as Written Acknowledgment or Proof of Court Order of Paternity
DATE: November 20, 2000
To determine if there is written acknowledgement under 216(h)(3), the opinion provides the requirements in each State in Region VI for entry of a father's name on a BC.
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.