Why you need a Court Order establishing parentage, in addition to a birth certificate By Angela Oaks

by News Editor
in Blog
on 09 August 2016
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Establishing rights to your child should be as simple as putting your name on the birth certificate, but it’s not, in fact it’s just the starting point.  If you have a child and your name is on the birth certificate, congratulations – now you need a court order establishing parentage, and here’s why:  

  • A birth certificate is a document issued through an administrative process and does not carry the weight of a court order.

  • A birth certificate does not outline the relationship between parent and child; only a court order will give you the rights and duties of a parent in Texas.

  • Birth certificate based parentage can be challenged in a divorce – and there are several cases out there where this has happened. 

  • Birth certificate based parentage might not be recognized by all judges/courts; court orders are recognized.

  • The birth certificate process does not ensure sperm donor rights are terminated.
  • A birth certificate will not give you possession of or access to your child; a court order will. 

  • Birth certificate based parentage often is not sufficient to adequately give a basis for passing an inheritance by intestate laws, for child qualifying for social security benefits and possibly for claiming dependent under the tax code.

Protect your relationship with your new bundle of joy by contacting a family lawyer and discussing your unique circumstances.  The cost of getting a correct court order now, while everyone is getting along, will be vastly cheaper than litigating the same issues later. 

713 227-1717

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