Paternity Laws In Texas

Paternity laws in Texas define legal fatherhood and governs how and when paternal rights and responsibilities are established. It’s a vital area of family law that ensures children receive support and protection, and that fathers understand their legal standing. Let us explore the legal framework for establishing, presuming, acknowledging, challenging, and rescinding paternity in the Lone Star State.

What Is Paternity?

Paternity means legal fatherhood, not just biological connection. In Texas, a man–whether married to the mother or not–must satisfy legal criteria to be recognized as a child’s father. This recognition opens up custody, visitation, medical decision-making, and child support obligations (1) to the father.

Why Establish Paternity?

Establishing paternity benefits everyone:

Child – Gains legal security, inheritance rights, access to medical history, and eligibility for child support (2).
Father – Earns legal rights to custody, visitation, and involvement in major decisions (e.g., medical care, education, welfare) (3).
Mother and family unit – Helps provide financial support and clarity around parental rights.

Without established paternity, an unmarried father lacks any legal standing. His name won’t appear on the birth certificate, and he cannot pursue custody or visitation unless paternity is legally recognized (2).

3 Ways to Establish Paternity in Texas

Paternity can be established via three legal routes (4):

Presumption by Law

Under Texas Family Code §160.204, a man is presumed the legal father if:

He’s married to the mother when the child is born.
Marriage ended within 300 days before birth.
Married before birth—even if marriage later proved invalid.
Married after birth and voluntarily named on the birth certificate, filed support promise, or publicly asserted paternity.
Lived with the child during the first two years and represented the child as his own (5).

This presumption can be rebutted only through court proceedings or a valid denial filed with birth records (5).

Acknowledgment of Paternity (AOP)

Unmarried parents can voluntarily sign an AOP—viewed as equivalent to a court judgment under Texas law (6). Requirements include:

Signed under oath by both parents.
Affirms no presumed or acknowledged father exists already.
References any genetic test results.
States signers understand its legal weight.

It’s filed with the Texas Vital Statistics Unit, and there is no filing fee (5).

Court‑Order (Adjudicated Paternity)

When paternity is disputed or unclear, any party (mother, alleged father, child, or Texas Office of the Attorney General) can petition the court. The court may order DNA testing and hold hearings to determine legal paternity. Once confirmed, it issues a judgment of paternity (4,13).

Note: Texas also offers a Notice of Intent To Claim Paternity form. It does not legally establish paternity, but it preserves a man’s right to file an AOP or court petition later (7). This registry acts as a preliminary step to protect the father’s rights.

What Are The Rights & Responsibilities of a Legal Father?

Once acknowledged or adjudicated, a father obtains full parental rights including:

Legal custody and visitation.
Decision-making in medical, educational, and religious matters.
Access to child’s school and medical records.
Management of the child’s estate, if applicable (3).

He also accepts child support obligations—the legal duty to financially contribute, enforceable by law.

These rights are equal to married fathers once paternity is legally recognized (3).

Challenging or Rescinding Paternity In Texas

After signing an AOP or court order, Texas permits a narrow window to challenge:

Rescission window – Within 60 days of filing or before child support or custody actions are taken, either parent may file to rescind an AOP/denial (5).
Post‑rescission challenge – After 60 days, challenges are limited only to fraud, duress, or material mistake of fact, such as contradictory DNA evidence (5,8).
Court adjudication – If parties cannot agree, the dispute goes to court (Subchapter G) for formal hearing and DNA testing (5).

Mistaken or Non-Biological Father

If a presumed father later discovers he’s not the actual biological parent—even after legal establishment—Texas law provides a remedy under Family Code §161.005. He may petition to terminate legal parentage, usually supported with DNA results (8).

DNA Testing in Texas

DNA is considered the gold standard in paternity cases. Accuracy is extremely high:

Combined paternity probability is typically over 99.99%.
Legal testing requires chain-of-custody and accredited labs (e.g., AABB) for results to be valid in court (23).

Courts may override refusals and order testing, especially when determining support, custody, or inheritance (13).

Complex Paternity Scenarios

a) Married Mother, Different Biological Father

A child born during marriage is presumed to be the husband’s, even if biologically different. Overcoming this presumption is difficult and legally sensitive.

b) Assisted Reproduction

The Uniform Parentage Act, adopted in Texas, includes provisions for donor-conceived children. In some cases, intended parents should sign AOPs or court orders to ensure legal parentage (1,24).

c) Paternity Fraud

If a man is named father without his knowledge or misrepresentation, Texas law allows limited challenges but rejects frivolous claims to protect children’s stability (26).

d) Death or Adoption

If the presumed or acknowledged father dies, legal paternity remains unless overturned. Establishing paternity posthumously (e.g., for inheritance) may require court intervention and DNA from relatives (19).

Adoption & Termination of Parental Rights

Once paternity is legally established, parental rights may only be terminated through adoption or a court-judgmental termination. In adoption, existing parental rights (including those of fathers) must be legally ended first.

Custody & Child Support In Texas

After paternity is declared (by AOP or court), Texas courts can issue orders of conservatorship and possession. The Texas Office of the Attorney General (OAG) oversees enforcement, including child support calculations based on statutory guidelines (2,12).

Paternity Legal Resources & Support In Texas

Texas OAG’s Child Support Division provides AOP forms, child support calculators, and procedures (2).
Texas Law Help offers free legal guides on AOP, denial, rescission, adjudication, and court forms (4,5).
Many family law attorneys in Texas assist with filing AOPs, navigating court orders, and addressing disputes (11,13).

Recap: Paternity Laws In Texas

Texas paternity laws are designed to:

Recognize legal parentage – either through marital presumption, voluntary acknowledgment, or court adjudication.
Protect children’s rights – legal identity, support, inheritance, and wellbeing.
Ensure fairness – permitting challenges and corrections under specified circumstances.

For fathers, mothers, or caregivers, understanding these laws and timelines—like the 60‑day rescission window—is critical. Acting proactively, filing an AOP, or seeking court guidance ensures legal clarity that benefits families, children, and parents involved.