Untitled Texas Attorney General Opinion

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.