Basically, in the majority of states, even with the family of the father on your side, you will have to legally prove that the deceased was the father of the child before you can add his name to the birth certificate in order to receive social security benefits. Proving the paternity of a deceased person means you will have to show proof through a DNA test.
How to Establish Paternity
Getting a DNA test on a deceased person will probably have to be done through a genetic testing agency. There are several agencies located across the country, and you should be able to find one willing to help you, particularly if the father's family is on board.
Their consent will be needed for any DNA testing on the deceased himself, and they may also be able to offer some type of alternative such as hair or other personal items belonged to the father that can be tested, or a DNA test on a living relative. Since , most paternity actions through Texas courts have been reported to Texas Vital Statistics. If a court has provided sufficient information to validate an adjudicated action, a certified copy of the court decree is not required.
When an application for a new birth certificate based on parentage is submitted along with a certified copy of a marriage license or an Acknowledgment of Paternity, the parents can, in most cases, change the child's name without needing a court-ordered change of name. If the application for a new birth certificate based on parentage is supported with an adjudicated action, the court order must specify the new name of the child in order for the new name to be incorporated into the supplemental certificate.
A specialist trained in parentage issues will review your application.
How do I get my child's deceased father's name on her birth certificate?
However, we cannot file the new application until all aspects of your application have been reviewed. If filing is not possible, Texas Vital Statistics will send you a letter explaining the situation. Skip to content 3.
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Order Records Locally Contact local offices for details. The application to add or change the father's name must be signed by both parents in the presence of a notary public.
How to Add a Father's Name to a Birth Certificate: 7 Steps
When paternity is established by a court decree, only one parent must sign the application in the presence of a notary public. Acknowledgment of Paternity. Certified copy of court decree.
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