Establishing Paternity in Texas

The short answer

Paternity means legal fatherhood. In Texas, a man becomes a child's legal father in one of five ways: a presumption (such as being married to the mother), a signed Acknowledgment of Paternity (AOP), a court ruling, adoption, or consenting to assisted reproduction by his wife Tex. Fam. Code §160.201(b). If unmarried parents agree, they can sign an AOP Tex. Fam. Code §160.301. If they disagree, a court can decide Tex. Fam. Code §160.601(a), and it will often order a paternity test Office of the Attorney General of Texas, "Court-Ordered Paternity".

How is paternity legally established in Texas?

For a mother, it is usually simple. The mother-child relationship is established by giving birth, by a court ruling, or by adoption Tex. Fam. Code §160.201(a).

For a father, the law lists five ways Tex. Fam. Code §160.201(b):

1. a presumption of paternity that no one has rebutted (disproved in the way the law allows);
2. an Acknowledgment of Paternity that has not been rescinded or successfully challenged;
3. an adjudication, which means a court decides it;
4. adoption; or
5. consenting to assisted reproduction by his wife that resulted in the child's birth.

A court can order child support as part of a paternity case TexasLawHelp.org, "Child Support in Texas". Establishing paternity is also one of the services of the Office of the Attorney General's (OAG) child support program Office of the Attorney General of Texas, "Title IV-D and Child Support in Texas". See Child Support in Texas: How It Is Calculated and Who Collects It and Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child.

Who is a "presumed father" in Texas?

A presumed father is a man the law treats as the father unless the presumption is rebutted. A man is presumed to be the father if:

• he is married to the mother and the child is born during the marriage Tex. Fam. Code §160.204(a);
• he was married to the mother and the child is born before the 301st day after the marriage ends by death, annulment, declaration of invalidity, or divorce Tex. Fam. Code §160.204(a);
• he married the mother before the birth in apparent compliance with law, even if the marriage could be declared invalid, under the same timing rules Tex. Fam. Code §160.204(a);
• he married the mother after the birth, voluntarily claimed paternity, and either filed that claim with the vital statistics unit, is voluntarily named on the birth certificate, or promised in a record to support the child Tex. Fam. Code §160.204(a); or
• during the first two years of the child's life, he continuously lived in the child's household and told others the child was his own Tex. Fam. Code §160.204(a).

A presumption can be rebutted only by a court ruling, or by the presumed father filing a valid denial of paternity together with a valid acknowledgment of paternity filed by another person Tex. Fam. Code §160.204(b).

What is an Acknowledgment of Paternity, and how is it signed?

An AOP is a legal document that lets parents who are not married establish legal paternity Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)". The mother and a man claiming to be the biological father sign it Tex. Fam. Code §160.301.

The law sets what it must include. It must be in a record and signed under penalty of perjury by both of them Tex. Fam. Code §160.302(a). It must say whether the child has a presumed father and that no other man is an acknowledged or adjudicated father Tex. Fam. Code §160.302(a). It must say whether there has been genetic testing and, if so, that the results are consistent with his claim Tex. Fam. Code §160.302(a). And both signers must state that they understand the AOP is the equivalent of a court ruling on paternity, and that a challenge is allowed only under limited circumstances Tex. Fam. Code §160.302(a).

How to sign one:

• Both parents must work with an AOP-certified entity trained by the OAG Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)".
• The OAG's AOP Hotline is (866) 255-2006 Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)".
• Minors can sign the AOP without parental consent Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)".
• Parents can complete it at separate times, dates or places through special steps Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)".

If the mother is married to someone else when the child is born, her husband is a presumed father Tex. Fam. Code §160.204(a). An AOP that states another man is a presumed father is void unless that man's signed denial of paternity is filed with the vital statistics unit Tex. Fam. Code §160.302(b). The OAG says the mother and her spouse must complete the "Denial of Paternity" section first Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)".

Can you take back an Acknowledgment of Paternity?

Yes, but only for a short time. A signer may rescind (cancel) an AOP before the earlier of the 60th day after its effective date, or the date a court case about the child that the signer is a party to begins, including a child support case Tex. Fam. Code §160.307(a).

To rescind, you file a completed rescission form with the vital statistics unit and swear to certain facts under penalty of perjury Tex. Fam. Code §160.307(b). You must also send a copy by certified or registered mail, return receipt requested, to the other signer Tex. Fam. Code §160.307(b). The OAG says the form is the "Rescission of the Acknowledgment of Paternity" (VS-158) Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)". The vital statistics unit then voids the AOP Tex. Fam. Code §160.307(c). Anyone affected, including the Title IV-D agency, may contest the rescission in court Tex. Fam. Code §160.307(d). In Texas, that agency is the OAG's Child Support Division Office of the Attorney General of Texas, "Title IV-D and Child Support in Texas".

After that window, a person may challenge the AOP in court only in certain situations Office of the Attorney General of Texas, "Acknowledgment of Paternity (AOP)". Those rules are strict. Talk to a lawyer quickly if you have doubts.

What if the parents disagree about who the father is?

Then a court decides. A civil case may be brought to adjudicate parentage Tex. Fam. Code §160.601(a). It follows the Texas Rules of Civil Procedure, with some exceptions Tex. Fam. Code §160.601(b). A man who says he is the father may file this kind of suit, subject to the limits in the parentage chapter Tex. Fam. Code §102.003(a). The OAG may also file one Office of the Attorney General of Texas, "Court-Ordered Paternity".

The court will often order a paternity test Office of the Attorney General of Texas, "Court-Ordered Paternity". The parents and children have their cheeks swabbed in court, at a local clinic, or at a local child support office Office of the Attorney General of Texas, "Court-Ordered Paternity". Most results come back within 4-6 weeks Office of the Attorney General of Texas, "Court-Ordered Paternity".

A man is rebuttably identified as the father, which means it can be disproved only in limited ways, if the testing shows at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1 Tex. Fam. Code §160.505(a). He can rebut that only with other qualifying genetic testing that excludes him or points to another man Tex. Fam. Code §160.505(b). If more than one man is identified, the court generally orders more testing Tex. Fam. Code §160.505(c).

In Parker County

District court family cases in Parker County, including paternity cases, are filed with the District Clerk in Weatherford. The clerk serves the 43rd and 415th Judicial District Courts, and all district court family cases are filed there Parker County, "District Clerk". Parker County's county courts at law have the same jurisdiction as a district court Tex. Gov't Code §25.1862, and the County Clerk keeps their court records Parker County, "County Clerk".

• Cost. The District Clerk's court costs sheet dated 1/1/2026 lists $350.00 for a new civil or family suit Parker County District Clerk, "Civil/Family Court Costs" (1/1/2026). If you cannot pay, its forms page has an Affidavit of Inability to Pay Court Costs Parker County District Clerk, "Forms".
• Forms. The District Clerk's office cannot give legal advice or provide forms, and it points to Texas Law Help Parker County, District Clerk FAQs. TexasLawHelp.org has a guide called "I need a paternity order" for unmarried parents who have not signed an AOP TexasLawHelp.org, "Child Support in Texas".
• OAG office. The OAG lists a Weatherford child support office at 516 Santa Fe Dr., Weatherford, TX 76086-6503 Office of the Attorney General of Texas, "Find Child Support Locations".
• Lawyers. The clerk's Notice of Self Help Resources lists the State Bar's lawyer referral service and Legal Aid of Northwest Texas in Weatherford Parker County District Clerk, "Notice of Self Help Resources".

Court addresses are on the Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help page. To find a lawyer, see Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders.

What the law says

The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man's paternity.

In plain words: if both of you agree on who the father is, you can make it legal by signing an acknowledgment together.

A signatory may rescind an acknowledgment of paternity or denial of paternity as provided by this section before the earlier of: (1) the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304 ; or (2) the date a proceeding to which the signatory is a party is initiated before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.

In plain words: you have a short window to cancel an acknowledgment, and it closes even sooner if a court case about the child starts.

Questions to ask a lawyer

• Is anyone a presumed father of my child, and does that affect an AOP?
• Is it too late to rescind the AOP I signed?
• Should I ask for genetic testing before signing anything?
• Will a paternity case also set custody, visits and child support?
• Should I work with the OAG, hire a lawyer, or both?

Related

• Child Support in Texas: How It Is Calculated and Who Collects It
• Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child
• Changing a Custody or Child Support Order in Texas (Modification)
• Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help