Do I have to put my baby’s father’s name on the birth certificate if we are going through a divorce?

Asked on August 30, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't have to put him on the birth certificate... but it will happen eventually anyhow if he is the father of the child.  In Texas, a child born during the marriage is presumed to be the father of the child... so omitting the name from the birth certificate only makes for more paperwork hassles down the road. 
If you are married and your husband is not the father, then do not put his name on the birth certificate.  This document should be left blank or accurately reflect the father of the child.


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