I am the father of a 3 year old son. My name was not put on the birth certificate. His mother has since died and I gained full custody through court. I had to submit a DNA to prove I was the father to get custody. My question is this, how can I get my name on his birth certificate and have his last name changed to mine? I've read the Texas Vital Statistics website but am confused. Do I need a lawyer? I did have one at the time of the custody battle, but he has since stopped returning my calls for this issue. Any help would be greatly appreciated as I would like to have this done before he starts school.

Go to Vital Statistics get the paperwork to add father to birth certificate AND the one for the name change. The people will give the appropriate paperwork to you if you ask. You need to show proof of the mother's death certificate, DNA test and probably the paperwork showing you are now the primary custodial paperwork. Fill out, pay the fee's and mail it off! It is just that.

What was confusing about the website?

I guess the confusing part was trying to figure out what paperwork is needed. Now, I don't have a copy of the DNA, I assume I can either ask the attorney who handled it, or would that be public record? Thanks for your quick response to my original post.

You shouldn't need the DNA. All you should need is the court order awarding you full and sole custody and maybe the mother's death certificate.

He will need proof that the mother past away because the paperwork requires both parents signatures in order to do the paperwork. If the court order granting you sole guardianship state's that the was a result of the mother passing then you should still call your local Vital Statistics and make sure. If you send the paperwork and make a mistake it only leads to a bunch of headaches and a longer wait, most of the time they are willing to answer every question you have about it.

Here is a link to the form you will need to use and it's instructions: http://www.dshs.state.tx.us/vs/reqproc/forms/vs166.pdf