An Oklahoma father has spoken of his plight after a state law required his wife’s estranged husband to be named the father of his baby daughter on her birth certificate.
Donnell Teal and his girlfriend Meaghan McCraw welcomed their baby Lillian in 2017.
But they were horrified to find out that McCraw’s estranged husband, from whom she had been separated for several years, was referred to as Lillian’s father because the divorce was still ongoing.
McGraw’s ex, who was not named, used the birth certificate as leverage to get what he wanted in his divorce, with McGraw and Teal being forced to spend thousands to rectify the mistake.
“I cried the day I held my daughter in my arms,” Teal told local news channel KFOR.
‘I said, ‘Hey, this is my daughter.’
“The hospital put it on the provisional birth certificate and the state later said, ‘No, it’s not that, it belongs to this man.’
Donnell Teal is pictured with his daughter Lillian, who was born in 2017. He had to fight to be named as her father on the birth certificate
Meaghan McCraw and Teal – who are now married – have spent thousands going through the court process to have their ex-husband removed from Lillian’s birth certificate
The problem arose thanks to the Uniform Parentage Act, which was created to validate family ties.
Birth certificate rules vary slightly, but in most states both parents voluntarily sign an acknowledgment of paternity — usually shortly after the birth in the hospital. In the event of a dispute, DNA testing may be ordered.
But in Oklahoma, the Vital Records Department automatically records the husband as the father, even if the couple is estranged.
A spokesman for the state civil registry department defended the existing procedures.
“Oklahoma has a legal presumption that the spouse is the second parent,” the spokesman told KFOR.
“This is consistent with other states and is a fundamental part of the Uniform Parentage Act, which establishes the uniform legal framework for establishing parent-child relationships.”
To change the records, the spouse can sign a denial of paternity and the biological father can sign an acknowledgment of paternity.
If the spouse refuses, a DNA test can be performed and a court can order the spouse to be removed from the birth certificate.
McCraw said the law was outdated and gave her estranged husband additional leverage amid their divorce battle.
“This allowed my ex-husband to get what he wanted in the divorce because he had legal rights over my daughter,” she said.
McCraw said the existing law gave her estranged husband a hold on her during her divorce battle, as he was legally named her daughter’s father
Teal said the existing law is outdated and not fit for purpose
Teal said Lillian’s birth was one of the happiest days of his life, but he then became embroiled in a complex legal battle
Teal said he tried to enlist local representatives to help, even alerting Republican Gov. Kevin Stitt’s office.
The Attorney General responded to her letter and suggested hiring a lawyer.
Teal said they eventually went to court, and the court forced McCraw’s ex to confirm he wasn’t Lillian’s father.
“In today’s world, there are many different types of relationships — some self-explanatory, some complicated — that could produce a child,” he said.
“I think it’s wrong that the state denies fathers like me the rights to our child.”
The couple, who got engaged in 2019 and are now married, eventually won the right to list Teal on the birth certificate but are continuing their campaign to change the law.
“As soon as the court determined that I was her father, we began petitioning the governors,” Teal said.
“We’ve petitioned senators and the attorney general, and none of them really want anything to do with it. They seem more inclined to uphold the status quo and state authority over the individual rights of parents.’
He said he passionately believes the law as it stands is wrong – and would encourage other parents in similar situations to fight for their rights.
“It’s more than just paperwork and more than just money,” he said.
“Keep your guns on and fight for your children. There is nothing more important.«