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1940 Book 4 Texas Attorney General Reports and Opinions 1 (1940)

handle is hein.sag/sagtx0170 and id is 1 raw text is: 'ruu A ,Trc/w t1vC J, V- r. , NtT ' GERALD C. MANN ,'-rr I', 1, Honorable W. A. Davis State Registrar Texas State Board of Health Dear Dr. Davis: Opinion No. 0-2347 Re: Whether or not the local Regis- trar should aeQept evidence of the marriage of a Negro and Mexican as a basis for accept- ing the corrected birth certi- ficate of a child born to them prior to the marriage. Your request for a legal opinion has been received and is as follows: There was registered in 1925 a birth certicicate for an illegitimate child born to a Mexican woman. Since that birth the putative father, a negro, married the mother, a Mexican, in Las Cruces, New Mexico. There is now presented, as provided for in Rule 46a Art. 4477, R. C. S., 1936, as amended by the 46th Leg., R. S., 1939, a certificate to correct the legal status of the child showing that the child is legitimate, the father a negro, and the mother a Mexican. Please advise me if the Local Registrar should accept evidence of such a marriage in New Mexico as a basis for accepting the correcting certificate; and, should the State Registrar ac- cept such a certificate and attach it to the original as a correction. Your letter is somewhat confusing, fro a purely legal standpoint, in this respect: You refer to the father of the child as the putative father, and further state that the birth certificate showed the status of the child as illegitimate. This is a contradiction of legal terms. A putative marriage is one entered into by a man and woman in good faith upon the part of one or both, but

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