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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.