If my biological sister doesn’t have our biological father’s name on her birth certificate, can she still receive his retirement pension benefit?

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If my biological sister doesn’t have our biological father’s name on her birth certificate, can she still receive his retirement pension benefit?

My sister needs proof that our deceased father is her biological father, yet he is not on her birth

certificate. Will she still receive the benefit?

Asked on April 3, 2018 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Being on a birth certificate is not the final determination although it certainly helps with the paperwork and running around.  Your sister may need a declaration from the court that your dad is her dad.  Each state is different as to what they require. If he openly acknowledged her as his daughter in his lifetime and people knew then that is a plus.  She should speak with a lawyer.  Good luck.


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