So we live in Texas and my son is now 7 weeks old.. I am married and was married when he was born, however his biological father is not my husband. But my husband is his father and well the "baby daddy" wants nothing to do with our son. He didn't sign this Putative Father Reg and I cannot get him to answer my calls so he can sign over the rights. My husband and I want to change Logan's last name and put my husband on the birth certificate or have him adopt Logan. What steps do I need to take.. and am I asking the right questions? Should I call the DA of our county?

§ 160.102. DEFINITIONS.
(5) "Determination of parentage" means the
Establishment of the parent-child relationship by the signing of a
Valid acknowledgment of paternity under Subchapter D or by an
Adjudication by a court.

13) "Presumed father" means a man who, by operation
Of law under Section 160.204, is recognized as the father of a child
Until that status is rebutted or confirmed in a judicial
Proceeding.
§ 160.204. PRESUMPTION OF PATERNITY. (a) A man is
Presumed to be the father of a child if:
(1) he is married to the mother of the child and the
child is born during the marriage;
(2) he is married to the mother of the child and the
Child is born before the 301st day after the date the marriage is
Terminated by death, annulment, declaration of invalidity, or
Divorce;
(3) he married the mother of the child before the birth
Of the child in apparent compliance with law, even if the attempted
Marriage is or could be declared invalid, and the child is born
During the invalid marriage or before the 301st day after the date
The marriage is terminated by death, annulment, declaration of
Invalidity, or divorce;
(4) he married the mother of the child after the birth
Of the child in apparent compliance with law, regardless of whether
The marriage is or could be declared invalid, he voluntarily
Asserted his paternity of the child, and:
(A) the assertion is in a record filed with the
Bureau of vital statistics;
(B) he is voluntarily named as the child's father
On the child's birth certificate; or
(C) he promised in a record to support the child
As his own; or
(5) during the first two years of the child's life, he
Continuously resided in the household in which the child resided
And he represented to others that the child was his own.
(b) A presumption of paternity established under this
Section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a
Presumed father in conjunction with the filing by another person of
A valid acknowledgment of paternity as provided by Section 160.305.



§ 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED
BIOLOGICAL FATHER. (a) The procedural and substantive standards
For termination of parental rights apply to the termination of the
Rights of an alleged father.
(b) The rights of an alleged father may be terminated if:
(1) after being served with citation, he does not
Respond by timely filing an admission of paternity or a
Counterclaim for paternity under Chapter 160;
(2) he has not registered with the paternity registry
under Chapter 160, and after the exercise of due diligence by the
petitioner:
(A) his identity and location are unknown; or
(B) his identity is known but he cannot be
Located; or
(3) he has registered with the paternity registry
Under Chapter 160, but the petitioner's attempt to personally serve
Citation at the address provided to the registry and at any other
Address for the alleged father known by the petitioner has been
Unsuccessful, despite the due diligence of the petitioner.
(c) The termination of the rights of an alleged father under
Subsection (b)(2) rendered on or after January 1, 1998, does not
Require personal service of citation or citation by publication on
The alleged father.
(d) The termination of rights of an alleged father under
Subsection (b)(3) does not require service of citation by
Publication on the alleged father.

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Originally Posted by girlygirl1819

So we live in Texas and my son is now 7 weeks old.. I am married and was married when he was born, however his biological father is not my husband. But my husband is his father and well the "baby daddy" wants nothing to do with our son. He didn't sign this Putative Father Reg and I cannot get him to answer my calls so he can sign over the rights. My husband and I want to change Logan's last name and put my husband on the birth certificate or have him adopt Logan. What steps do i need to take.. and am i asking the right questions? should i call the DA of our county?

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Hmmm I am a bit confused here... Your husband is presumed to be his father and his name has to be written on the child's BC.

If you were married when the baby was born why wasn't your husband's name placed on the birth certificate? That is the general rule that when married the husband is assumed to be the father. Which would mean that you would have made sure his name was not put on the because. In that case why? If the bio father was some how added and not your husband you will have to go to court. However, the DA has nothing to do with it. You will need to get your own lawyer though.

I was told that since my husband was not the father of Logan that I could not put him on the birth certificate. So what do I do now? Can I add him on the birth certificate? How can I change Logan's last name from my maiden name to my married name.. I never put the bio father on the birth certificate.. it is blank..

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Originally Posted by girlygirl1819

girlygirl1819 agrees : is this valid in the state of Texas? or is it the same all over the US?

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That is the law of Texas.

Quote:

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Originally Posted by girlygirl1819

I was told that since my husband was not the father of Logan that I could not put him on the birth certificate. So what do I do now? Can I add him on the birth certificate? How can I change Logan's last name from my maiden name to my married name.. I never put the bio father on the birth certificate.. it is blank..

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Who told you that? It has always been against the law.

I'm also wondering who told you that and why the hospital let you leave it blank. They should not have and whoever told you that was dead wrong.

The problem is that the because has now been filed. So it may take a court order to change it. And the court may require the bio fathers agreement to change it. Too bad you didn't ask us first. Now you have a small legal mess to untangle.

What you do now is go to court. The because has already been filed so to change it you will need a judge to sign off on it. (In all areas that I am aware of) At one point the father would just have to sign a paper (even after the filling) and it could be added however, at this point if you know your husband is not the father, that would be done fraudulently. Do you know who the father is? Will he agree to your husband adopting the child?