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  1. #1
    Join Date
    Sep 2007
    Posts
    1

    Question Amending the Original Birth Certificate

    My Husband Was In A Motorcycle Accident Three Weeks After My Son Was Born. He Remained In The Hospital For Two Months Before Passing Away. When I Received My Son's Birth Certificate My Husbands Name Had Been Left Off. Now I Am Trying To Get His Name Added And It Seems Impossible. Even Though The State Of Texas Law Presumes He Is The Biological Father Because We Were Married At The Time Of His Birth And Had Been For 5 Years. The Vital Statistics Office Requires A Court Order To Amend An Original Birth Certificate If One Of The Parents Is Deceased. The Only Problem Is That I Have Been Unable To Find Out What I Need To File To Get A Court Order. There Is Not A Specific Proceeding For My Situation. When I Talk To The Court Clerks And Several Attorneys, Everyone Says The Same Thing. That I Should Just Send In The Death Certificate And The Birth Certificate With The Forms And That Should Be All I Need. But, The Vital Records Office Insist They Need A Court Order. Any Suggestions?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Amending the Original Birth Certificate

    Talk to a lawyer about bringing any sort of action (e.g., a paternity action) which would get you before a judge who might be able to enter an order or, in the alternative, bringing an action against the Vital Statistics Office to force them to comply with the law if in fact no order is required.

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