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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My granddaugher was born in Texas on May 31 of this year.

Customer Question

My granddaugher was born in Texas on May 31 of this year. The mother is my daughter. The biological father is the one who donated the sperm. On the birth certificate, my daughter's infertile husband is listed as the biological father, clearly a falsehood. The government of Texas tells me that there is no other way to deal with the issue. Is that correct?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.

Good afternoon Michael,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today.

Under Texas law, the husband of a wife who bears a child is deemed the legal parent under the law, and has the right to sign the birth certificate.

Under the law, unless the donor and your daughter used the "do it yourself' method of fertilization---engaging in sex---then the donor would not have nay legal rights to custody or visitation. These laws are intended to protect the married couple, and their parental rights, who chose to have a family through a sperm donation process.

If you daughter and the natural father had sexual intercourse in order to impregnate her, then he could sue for paternity and seek a court order deeming him the legal father. Aside from that possibility, sperm donor's do not obtain parental rights to recipient's children conceived through the use of the donated sperm. I'm sorry.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,


Expert:  LawTalk replied 4 years ago.
Good morning Michael,

I’m truly disheartened to see that you rated my assistance to you as negative (the first or second star/face). How may I better answer your question for you? I invite you to ask any additional question that you may need to, for clarification of your issue.

If the information I provided was not what you were seeking, perhaps if you clarify what your question is I can help you.

Customer: replied 4 years ago.

Please note, I asked about the BIOLOGICAL father being identified on the Texas birth certificate. After reading your noon-response, I finally got hold of a higher-ranking official with the state of Texas who informed me that the birth certificate does not identify the BIOLOGICAL parents. The birth certificate identifies the LEGAL parents. Those two items are different. You failed to address the main concern that I had. Be sure to read the question first! I have no further need of communication with you on this matter.

Expert:  LawTalk replied 4 years ago.

Good morning,

I apologize if you think that I should have discerned your concerns from the question you submitted, and it was certainly not my intent to give you a non-response.

What you stated was that "On the birth certificate, my daughter's infertile husband is listed as the biological father". Since I am well aware that a birth certificate does not specifically differentiate between biological and non-biological parent, I also recognized your use of the term "biological" father in referring your daughter's infertile husband being listed on the birth certificate, while legally incorrect was a non-issue to the question----because the tenor of your question led me to believe that you felt that the sperm donor ought to have been listed on the birth certificate----not your son in law----as the donor was the biological father, and not your son-in-law.

The husband's name is on the birth certificate, and as I stated, based on his marriage to your daughter, the husband is the legal father.

I can see now how you might have been trying to ask whether a birth certificate listed the legal parent or the biological parent---and if that was the gist of your question, it certainly did not come across that way to me as I read your question. Had you clearly stated your "main concern" in the question, I would have been happy to answer it for you.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.


Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
I have read the above correspondence and I'm not certain what "issue" you have? Are you asking if your son in law can be removed from the birth certificate or is this a case where the biological father wants to assert his rights to the child?
I'm also not certain from the facts whether this was a pregnancy by artificial insemination due to the husband being infertile or whether the child was a result of sexual intercourse?