Paternity establishes who is legally recognized as a child's father under Texas law. Legal paternity is the foundation for parental rights — conservatorship, possession and access — and parental responsibilities, primarily child support. It also matters for inheritance, health insurance eligibility, and access to medical and family history.
In Texas, if parents are married when the child is born, the husband is presumed to be the child's legal father. This presumption can be rebutted, but the process for doing so requires a court proceeding. If parents are not married, paternity must be established either through a signed Acknowledgment of Paternity (AOP) or through a court order.
An Acknowledgment of Paternity is a legal document that both parents sign voluntarily, typically at the hospital after the child's birth. It has the same legal effect as a court order establishing paternity and can be filed with the Vital Statistics Unit. It can be rescinded within 60 days of signing, but after that period it is binding. If there is any doubt about paternity, do not sign an AOP without consulting an attorney first.
Contested paternity — where either parent disputes who the biological father is — requires a court proceeding and typically DNA testing ordered by the court. Texas courts have the authority to order genetic testing, and results with 99% probability of paternity are presumed conclusive. An attorney handles the petition, the testing process, and the subsequent establishment of parental rights and responsibilities.
What You Need to Know
Key Facts About This Case Type
AOP vs. court-ordered paternity
Voluntary Acknowledgment of Paternity is faster and simpler. Court-ordered paternity through a suit is required when paternity is contested or when the AOP process isn't available. Both have the same legal effect once final.
AOP can be rescinded within 60 days
Either parent can rescind an AOP within 60 days of signing. After 60 days, it is binding as a final judgment. Do not sign an AOP unless you are certain of paternity.
DNA testing in contested cases
Courts order genetic testing in contested paternity cases. Results with 99%+ probability of paternity are presumed conclusive. The testing process and how results are presented matters.
Paternity establishes both rights and duties
Legal paternity gives the father the right to seek conservatorship and possession. It also creates the obligation to pay child support. Both come together.
Common Questions
Frequently Asked Questions
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