How to Establish Paternity in Texas: The AOP, Court Orders and Deadlines
A child can be born in Texas with no legal father. Until paperwork is filed or a judge signs an order, the law recognizes one parent, and child support, possession and inheritance all follow the legal record. If you want to know how to establish paternity in Texas, start with the three kinds of father the law recognizes.
This post explains Chapter 160 of the Texas Family Code in plain language for mothers, for men who want to be named the father and for men who have been named. It takes no side.
Who is a legal father in Texas?
Presumed father: generally a man who was married to the mother when the child was born, or whose marriage to her ended within 300 days before the birth (§ 160.204).
Acknowledged father: a man who signed a valid Acknowledgment of Paternity with the mother.
Adjudicated father: a man a court has named as the father in an order.
A man who is the biological father but fits none of these has no enforceable rights or duties yet.
What is an Acknowledgment of Paternity in Texas?
The Acknowledgment of Paternity, often called the AOP, is a form the mother and the father sign under penalty of perjury, usually at the hospital or later through a certified entity. Once it is filed with the Vital Statistics Unit, a valid AOP has the same effect as a court order naming the father (§ 160.305). If the child has a presumed father, he must sign a denial of paternity for the AOP to be valid.
Can you undo an Acknowledgment of Paternity?
Only for a short time. A person who signed can rescind the AOP before the earlier of 60 days after it takes effect or the date a court case about the child begins (§ 160.307). After that, it can be challenged only for fraud, duress or a material mistake of fact, and only within four years after it was filed (§ 160.308). Sign only when you are sure.
When do you need a court case to establish paternity?
When the parents do not agree, or when a presumed father is involved and will not sign, paternity is decided in court. The mother, the man who may be the father, the child and the state child support agency can each file (§ 160.602). The court orders genetic testing when a party asks for it. A person who refuses testing risks having the court decide paternity against them (§ 160.622).
What are the deadlines in a Texas paternity case?
If the child has no presumed, acknowledged or adjudicated father, a case can be filed at any time, even after the child is an adult (§ 160.606). If the child has a presumed father, a case to challenge his paternity generally must be filed before the child's fourth birthday (§ 160.607). The exceptions are narrow.
What does a paternity order decide?
A paternity order usually does more than name the father. The same case typically sets conservatorship, the possession schedule, child support, medical support and sometimes retroactive support. Establishing paternity is also what gives a child the right to inherit from the father and to qualify for benefits through him.
Frequently asked questions
Does signing the birth certificate establish paternity in Texas?
For unmarried parents, the father's name is added to the birth certificate through an Acknowledgment of Paternity or a court order. The AOP or the order is what establishes legal fatherhood.
Does an unmarried father have rights to his child in Texas?
Not until he is the legal father. Once paternity is established by a valid AOP or a court order, a court can make orders about conservatorship, possession and support.
Can paternity be established if the alleged father will not cooperate?
Yes. A court can order genetic testing, and if a person refuses, the court can enforce the order and may decide paternity against the person who refused (§ 160.622).
Get the full guide
Get Paternity in Texas as an eBook and follow the process from the Acknowledgment of Paternity to genetic testing, the final order and what comes after. Read Paternity in Texas.
Related guides
Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Texas attorney.
