THEATTORNEY GENERAL
OF TEXAS
AUSTIN 1,.TEXAS
PRICE DANIEL
ATTORNEYGENERAL
April 80, 1949
Hon. Gee. W, Cor M, D: Opihlon No; VA811 ~,
state Health orrloar
Department of Realth Be: Authority o? a etep-
Austin, Texas father to file tiend-
ed birth oertlfloate.
Dear Sir:
,/-.
You eubmlt th9 following queatlone:
*A ohlld was born In nedlbok on
January’ 88, 1941. Two years later the
natasal parent8 were dlvoroed and’ the
other eubsrqu6ntly rbnmrrla4.
nUnder bhe prooislone of tWla8t
three para raphm of Subseotlon 86, Rule
474, Artlo 0 e 4477,,Q.C.S., doea the
UI deoond hu8bahd of the mother have the
right to file an,amended birth reoord
ahowing hl8kmlf ‘to be the father of the
ohild, and furthsi showing the 8urn8ma
of the meoond hueband a8 the 8urname
of the child? ”
“Further, do, these lrtatutor pro-
olalone oontsmplatr the flllng o r an
am8nded birth reoord in only thaw aa898
where 4 ohlld 18 born to an unmarried
mother who 8ubrequent to the birth m&r-
rir8 the natural father of the ohlld?”
The la8t thr8e paragraphm of the rrtatute re-
ierr. to in y0U.r itlqtliry read 48 fO11OW8:
((npon the marrlage of n,mother of
a ohlld or ohlldrrn, her hubband may
rlle wiih the Ieoal ilegi8trar ths oertl-
fioate of marriage to whlo~h may be at-
irosd a birth ?rr~lfloate for eaoh ah114
the father (8 nam8 qnd othsr data
rehrr % to him 48 WA6 fet;h&r O? the
ohlld or ohildrer.
Hon. Gee. W. Cox - Page 2 (Q-811)
“And prorlded that lr the husband
ia deoeased, diyoroed, or permanently or
temporarily oatside the limits or ths
United States, or when the husband’s
whereabouts are not kaown, the mother
shall have all the rights granted the
husband in filing aal lr
eesr tifiea to
oertlfloates.
“When the Looal Registrar is sat-
isfied that the msrrlags has oceurre4 and
that the-statemnts made on the birth em-
tfflcate are true and correct, he shall
pl?ar his file date and slgaature on the
oertlfloate and forward it to the State
Bureau of Vital Statlstlar.~~ The State Reg-
istrar shall attach th6 certifioate aa a
correatlon to the oertlfiaats of the datur-
al birth of the ohlld; and prorfded rur-
ther, that neither the State Registrar nor
a Local Registrar shall, sxaept where or-
dercr4 by a o8urt of oompetemt ~urls4lotlon,
mati a certificate of, or furnish any ln-
formtion to any person as to the birth
oertlrlcate or au illegitimate child, but
shall issue a certlfisd copy of’~the birth
oertiflaate riled lrter the marriage of
the mothrr of’the chl14.W
The quote4 paragraphs pertain to the right
0r a husband who marries the Bother or an llle~lrts
ohlld or ohlldren to rile a certlflrate or hi8 mm-
rlage to the laothor and attach a delayed birth carti-
rlaate of eaah ah114 rhawlng the aatural rathor’r
name and other data rsterrlag to the natural father
as the father of the ohlld or ohildren. The ragi+
trar mat be satisfied that the mrrlage has ooourrrd
aad that-the statsmanta ma40 on the birth oertlfioatr
are true, and may not change a birth OertlflOate of a
child born in wedlock and filed by it8 natural lathor.
We .are of the opinion that a birth oertifl-
oate of a oh114 born in l~fulwe4look to natural plr-
enta, duly rllra in the offlor of thm state R+8tru,
may not be amen404 by a rtep-father to show, oontrary
to a birth aertifloatr filed by the natural father, ,
that ho in ?a&, i8 tha fathrr of tlu ohlld. The
rtapfa&r may adopt the oh114 an4 am0114it8 birth @or-
tliloate to show 4 new aurname the 8uo a8 the abpt- -
lng paramts. Artlolr 5929 V.C.S. proride tqx tbr
Hon. Geo. W. cox - Page 3 (V-811)
changing of the name of a minor. Under the case of
Pintor v, Martinez, 202 S.W.2d 333 (Tcx. Clv. App.
1947, error ref. n.r.c.1 the changing of the name
probably could be coupled with the adoption prooccd-
ings. See also opinion o-5950, a copy of which is
enclosed.
It would appear as if the last three para-
graphs of Subsection 26, Rule 47a of Art. 4477 were
inserted as an afterthoughtprior to the adoption of
this amended section. The only meaning they can pos-
sibly have, in addition to what is set out above, is
that upon marriage of the mother of a child (obvious-
ly illegitimateat the time) the husband (and in cer-
tain spcoificd cases, the mother) may file, with the
certlfleateof merrlagc, a certificateshowing the
husband to be the father of the child. This ccrtlff-
cats is attached to the certificateof the natural
birth of the child as a corrcotlon of that original
certificate. I
Where a child was born in wsdlochand
its birth certificatewas filed by its na-
tural-parentswho were divorced after its
birth, the second husband of the mother may
not file an amended birth certificateshow-
ing himself to be the father of the child9
He may adopt such child and change its name
to that of the adopting parents as provided
in Rule 47a, subscotion26, Art. 4477, V.C.S.
The above statute contemplatesthe fil-
ing of an amended birth CcrtiflCatc in those
oases in which a child is born to an unmar-
ried mother who subsequentlymarries the
natural father of the child.
Very truly yours,
APPROVED: ATTORNEYGBXRRALOFTEXA8
z.u
o=
FIRST ASSISTANT By p.y*;~,, I,.;:
w* T. Willi4;ns‘
t..
T.‘l'~
,Y~,
ATTORNEY GENERAL
Assistant
WTWsfrbrwb
Encl.
Untitled Texas Attorney General Opinion
Combined Opinion