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

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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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