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  1. #1

    Default Legal Rights of a Father Listed on the Birth Certificate

    My question involves paternity law for the State of: Texas

    My ex-husband, the biological father of both my children, voluntarily relinquished his parental rights. I have the court-order for that and for a name change for both children. When I sent these things and the necessary forms to get their birth certificates amended, they said the court-order has to specifically request that the father be removed from the birth certificate. So, I was only able to change their names on the certificate, and he is still listed as their father. Then, again, when I went to get new Social Security cards for them, the clerk there told me the same thing - he is still listed as the father in their records, as well.

    The intention when he relinquished his rights was for him to not have ANY legal rights to them at all, even if I should pass away. I have a Will that leaves my children in the care of someone else. I am not married and do not intend to have anyone else listed as a parent or guardian unless I should die, so adoption is out of the question.

    Even though he has relinquished his parental rights, what is the significance of him being listed on the birth certificate? Does this give him any legal rights, whether now or if I were to pass away? I'm wondering if I should jump through all the hoops again, just to get him removed from the birth certificate and social security records.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Legal Rights of a Father Listed on the Birth Certificate - Tx

    Are you ABSOLUTELY SURE that he didn't relinquish his custodial rights instead of parental rights?

    Because if you have a court order terminating his PARENTAL rights there should be no problem in having the birth certificates changed, etc.

  3. #3
    Join Date
    Feb 2008
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    In the middle of nowhere
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    163

    Default Re: Legal Rights of a Father Listed on the Birth Certificate - Tx

    Correct. He will be listed as the children's father on their birth certificates and social security records until someone adopt them.
    Of course he has no rights.

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