Birth Certificate and Paternity
What if his name is not on the birth certificate and the mother passes? How does he get his name on the birth certificate? I’m Tulsa Attorney James Wirth, and that’s the question that we have before us. Essentially, in the state of Oklahoma, we’ve got paternity actions to address this issue.
If you are not married, then you’ll need to get your name on that birth certificate through either signing an acknowledgement of paternity at birth that’s signed by both mom and dad, which will get it done, or if that doesn’t happen, then you’ve gotta do a paternity action in a court, either through DHS Child Supporting Court or through the county district court.
Establishing Paternity Through Legal Means
Normally, a paternity action would be filed where the putative dad would file a suit against mom or mom would file a suit against putative dad to establish paternity. However, in cases where the mother has passed, the process can still be initiated. Dad can file a civil action related to the matter of the child or work through a guardian if applicable.
Whether through DNA testing or other statutory criteria, the putative father has the right to establish paternity and have his name added to the birth certificate. This process may involve obtaining a paternity decree that is then sent to Vital Records with the Department of Human Services to update the birth certificate.
Schedule a Consultation for Legal Advice
If you have further questions or need assistance with establishing paternity in a situation where the mother has passed, it’s important to consult with an attorney for personalized legal advice. To schedule a low-cost initial strategy session with me at my office, please visit MakeLawEasy.com. Don’t let the passing of the mother prevent you from taking the necessary legal steps to ensure your rights as a father.
