Ask Me Help Desk - Deceased father

Deceased father

My fiancé passed away May 28 2009 I gave birth to our son June 17 2009 I had to get a paternity test done using his daughter from a previous marriage now I don't know what to do from here to have him put on the birth certificate can someone please explain the next steps to take

Quote:

Originally Posted by ancarter

My fiance passed away May 28 2009 I gave birth to our son June 17 2009 I had to get a paternity test done using his daughter from a previous marriage now I don't know what to do from here to have him put on the birth certificate can someone please explain the next steps to take

Where? Have you attempted to make this change/correction since the birth in 2009 and now?

Quote:

Originally Posted by JudyKayTee

Where? Have you attempted to make this change/correction since the birth in 2009 and now?

Texas. No I haven't attempted to have him put on yet because I don't know what the next step is since I got the DNA test results back

First. Check with the Bureau of Vital Statistics. They may require you get a court order.

Quote:

Originally Posted by ScottGem

First. Check with the Bureau of Vital Statistics. They may require you get a court order.

OK thanks

Quote:

Originally Posted by ScottGem

First. Check with the Bureau of Vital Statistics. They may require you get a court order.

It appears you are going to need a court order.

"...
If the change involves adding a father's information to a birth certificate on which the father's information was left blank, the supporting documentation needed is either the certified copy of a marriage license or an Acknowledgement of Paternity. However, if paternity was established by a court order, you must submit a certified copy of that court order. A court order will also be required if changes have previously been made to the birth certificate.

If the change you are wanting to make involves removing the father's information or removing one man's information and adding the information of another man, the supporting documentation must be a certified copy of a court order saying that the man listed on the birth certificate is not the biological father or that the man to be added to the birth certificate is the biological father. In some cases, a properly filled out and signed, first-time-ever Acknowledgement of Paternity can be submitted if ths "denial" portion has been filled out.
..." Texas Vital Statistics ? Amending Paternity and Parentage on a Birth Certificate

Quote:

Originally Posted by AK lawyer

It appears you are going to need a court order.

"...
If the change involves adding a father's information to a birth certificate on which the father's information was left blank, the supporting documentation needed is either the certified copy of a marriage license or an Acknowledgement of Paternity. However, if paternity was established by a court order, you must submit a certified copy of that court order. A court order will also be required if changes have previously been made to the birth certificate.

If the change you are wanting to make involves removing the father's information or removing one man's information and adding the information of another man, the supporting documentation must be a certified copy of a court order saying that the man listed on the birth certificate is not the biological father or that the man to be added to the birth certificate is the biological father. In some cases, a properly filled out and signed, first-time-ever Acknowledgement of Paternity can be submitted if ths "denial" portion has been filled out.
..." Texas Vital Statistics ? Amending Paternity and Parentage on a Birth Certificate

I just need him added to the birth certificate BC the hospital wouldn't allow me to put him on BC he passed away before our son was born and we were not married yet. The only reason Its taken so long to get around to doing this is BC I'm a single mother and funds are tight it cost me $700 for the DNA test that I had done in 2011 and I didn't know what to do from there.

Quote:

Originally Posted by ancarter

I just need him added to the birth certificate BC the hospital wouldn't allow me to put him on BC he passed away before our son was born and we was not married yet. The only reason Its taken so long to get around to doing this is BC I'm a single mother and funds are tight it cost me $700 for the DNA test that I had done in 2011 and I didn't know what to do from there.

$700 for a DNA test? I had no idea they were so expensive. Wonder what people are supposed to do?

Anyway - does your child collect Social Security benefits from his father?

Quote:

Originally Posted by ancarter

... it cost me $700 for the DNA test that I had done in 2011 and I didn't know what to do from there.

Even sadder is the fact that the court probably won't accept that DNA test.

Quote:

Originally Posted by AK lawyer

Even sadder is the fact that the court probably won't accept that DNA test.

Because of the time that has passed? Or it wasn't Court ordered?

Quote:

Originally Posted by AK lawyer

Even sadder is the fact that the court probably won't accept that DNA test.

I had the same immediate thought. If the test was not court ordered, a court might not accept it. The OP might be required to pay for another test from a court approved lab.

Quote:

Originally Posted by ScottGem

I had the same immediate thought. If the test was not court ordered, a court might not accept it. The OP might be required to pay for another test from a court approved lab.

The "had to get" language caused me to think this MIGHT have been for SS benefits. In my area the Federal/State/County recognized lab is one in the same.

Maybe - ?

Quote:

Originally Posted by JudyKayTee

Because of the time that has passed? Or it wasn't Court ordered?

The latter. There are two types, and the "non-court ordered" variety is normally inadmissable. Chain-of-custody issues and so forth.