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Fathers in Texas don’t automatically get legal rights just because they share DNA with a child. Without legal paternity, they can’t make decisions, request custody, or access official benefits for their child. That’s why learning how to establish paternity matters. It protects the rights of the father, the child, and even the mother in cases involving support or medical needs. Texas offers several paths to make paternity official, but each comes with its own rules, forms, and timelines. This guide breaks it all down.
Why Legal Paternity Matters
Legal paternity creates a binding relationship between a father and child under Texas law. It supports the child’s right to know their parentage and receive financial and emotional support. Mothers can pursue financial assistance through legal recognition. Fathers gain the opportunity to seek custody and parenting time. Children receive legal identity, protection, and access to important resources beyond emotional bonds.
Texas law does not automatically recognize a man as a legal father unless:
- He was married to the mother when the child was born
- The court has issued a legal paternity order
- Both parents signed an acknowledgment of paternity
Without these, the father has no legal claim to the child.
Voluntary vs. Involuntary Paternity
Texas gives families two main paths to establish paternity:
Voluntary Acknowledgment
Both parents can voluntarily sign an Acknowledgment of Paternity (AOP). This form confirms the man as the biological father and has the same effect as a court order once filed with the Vital Statistics Unit.
This method works best when both parents agree on who the biological father is and want to establish legal paternity without going to court.
Involuntary Establishment
If there’s disagreement or refusal, a parent, guardian, or government agency can start a paternity case in court. The court may order DNA testing and issue a final ruling based on evidence.
This path takes longer and may involve legal fees, but it creates a binding decision when one party refuses to cooperate.
Who Can Start a Paternity Case?
Texas law allows the following to initiate a paternity suit:
- The child’s mother
- The alleged father
- The child (through a representative)
- The child’s legal guardian
- The Texas Office of the Attorney General
Even grandparents or adoptive parents can bring a paternity suit under certain conditions.
Steps to Establish Paternity in Texas
Here’s a breakdown of how the process works depending on the situation.
Step 1: Determine if Paternity Is Already Presumed
Texas presumes a man is the legal father if:
- He was married to the mother when the child was born
- He voluntarily signed the birth certificate
- He lived with the child and held them out as his own for the first two years
If none of these apply, then you’ll need to legally establish paternity.
Step 2: Sign an Acknowledgment of Paternity (If Applicable)
Parents can sign an AOP in the hospital after birth or at a certified location such as a local birth registrar, child support office, or Vital Statistics Unit.
Once submitted, it becomes a legal determination of paternity. Either parent can rescind it within 60 days unless a court case has already begun.
Step 3: File a Paternity Case in Court (If Needed)
If the parents disagree, one party must file a Petition to Adjudicate Parentage with a local Texas court.
The court will:
- Schedule a hearing
- Order DNA testing if requested
- Review results and issue a court order if paternity is confirmed
A court order formally establishes paternity and includes child support and custody details.
Step 4: Get the Court Order and Birth Certificate Updated
Once the judge signs the paternity order, it becomes binding. Parents can then update the child’s birth certificate to reflect the father’s name.
You can submit the court order to the Vital Statistics Unit along with a request to amend the record.
What If the Father Denies Paternity?
If a man denies being the father, the court will likely order a DNA test. This process is quick, painless, and typically done using a cheek swab. Results usually take a few days. If the test confirms biological parentage, the court can issue a legal paternity ruling even if the father doesn’t want it.
Can You Contest Paternity After It’s Established?
Yes, but it isn’t easy. A person can challenge legal paternity if:
- They were misled into signing the AOP
- New DNA evidence proves they are not the father
- They file a challenge within a limited window (usually 1 year for fraud cases)
Once a legal order is in place, undoing it takes a strong legal reason and must go through court.
Time Limits and Deadlines
Under Texas law, a paternity case can begin anytime before the child turns 18. However, the earlier it’s established, the better for both legal clarity and child support eligibility.
Challenges to presumed paternity (such as cases where someone signed the AOP but isn’t the biological father) typically must be filed within 4 years of the child’s birth unless fraud or duress applies.
How the Office of the Attorney General (OAG) Helps
The OAG can help parents establish paternity without hiring a private attorney. Services include:
- Filing legal paperwork
- Scheduling DNA testing
- Representing the child’s best interests in court
- Assisting with child support enforcement after paternity is established
Parents can contact the Child Support Division to begin the process at no cost.
Common Myths About Paternity in Texas
Myth 1: Signing the birth certificate alone makes you the legal father.
Truth: You must also sign the AOP or get a court order.
Myth 2: You don’t need legal paternity if you and the mother agree.
Truth: Without a legal record, you have no rights or protection.
Myth 3: DNA tests are invasive or painful.
Truth: DNA tests require only a simple cheek swab.
Myth 4: Mothers can’t be sued for paternity cases.
Truth: Mothers are often named in the suit and may be required to appear in court.
What Legal Rights Come After Establishing Paternity?
Once paternity is set, the father can request:
- Custody or joint managing conservatorship
- Visitation rights
- Input in the child’s education, medical care, and religious upbringing
The court may also order the father to pay child support, retroactive support, and medical insurance.
Tips to Make the Process Smoother
- Don’t avoid paperwork. The longer you wait, the more complicated things get.
- Be respectful during the process, even if emotions run high.
- Keep records of communication and appointments.
- Use the services of the OAG when cost is a concern.
When to Talk to a Lawyer
While many paternity cases are straightforward, some require legal help, especially when:
- The presumed father isn’t the biological one
- There’s a custody dispute
- One party lives out of state
- Domestic violence or coercion is involved
A family law attorney can explain rights, protect interests, and guide you through court proceedings.
Final Thoughts
Establishing paternity in Texas gives legal identity, rights, and responsibilities to both the father and the child. Whether you take the voluntary route or need court intervention, taking action early matters. It builds a stronger foundation for the child and clears the path for support, access, and involvement.
FAQs about Establishing Paternity in Texas
In Texas, a father can establish paternity at any time before the child turns 18. However, the sooner paternity is established, the better it is for legal and familial reasons.
Having the father’s name on the birth certificate does not by itself establish legal paternity in Texas, unless the father has also signed an Acknowledgment of Paternity.
To claim paternity in Texas, the father must sign a voluntary Acknowledgment of Paternity form, which is typically done at the hospital at the time of the child’s birth, or later through the state registry.
In Texas, the cost of a paternity test is generally paid by the individual who requests the test, but the court may order the costs to be divided or paid by one party in some cases.
Signing the birth certificate is not enough to establish paternity in Texas. The father must also sign an Acknowledgment of Paternity to establish legal rights and responsibilities.
If the biological father is not on the birth certificate in Texas and has not legally established paternity, he does not have parental rights such as custody or visitation.
In Texas, if a father is absent for more than six months without contact or support, this can lead to the termination of parental rights under abandonment grounds.
A mother can refuse a paternity test, but the court may order the test if it deems necessary for establishing paternity.
