How do I establish paternity in Texas?

Texas adopted the Uniform Parentage Act in 2001; it sits at Tex. Fam. Code Ch. 160.

1. Acknowledgment of Paternity (AOP)

Form 1A0J-2461 (the state AOP) is signed before a certified entity — typically the hospital, a local birth-registrar office, the OAG Child Support Division, or a domestic-relations office (§ 160.301-.305). Once filed with the Vital Statistics Unit it has the effect of an adjudication of parentage (§ 160.305). Either signatory may rescind by filing form 1AOR within 60 days of the effective date (§ 160.307). After 60 days, challenges are limited to fraud, duress, or material mistake of fact and must be brought within 4 years (§ 160.308).

2. Court-Ordered Paternity

A Suit Affecting the Parent-Child Relationship (SAPCR) to adjudicate parentage may be filed by the child, mother, alleged father, support-enforcement agency, or authorized representative (§ 160.602) in district court or statutory county court. The court orders genetic testing on motion supported by a sworn allegation (§ 160.502), in line with 42 U.S.C. § 666(a)(5)(B); a 99% probability creates a rebuttable presumption (§ 160.505).

3. Presumption of Paternity

Under § 160.204 a man is presumed the father if married to the mother at birth, married within 300 days before birth, or if he continuously resided with the child for the first 2 years and represented the child as his own. The presumption may only be rebutted by adjudication under Subchapter G; for a presumed father, the suit generally must be filed within 4 years of birth (§ 160.607).

4. Effects of Establishing Paternity

Creates a duty of support under Ch. 154, opens conservatorship and possession rights under Ch. 153, vests intestate inheritance under Tex. Estates Code § 201.052, allows birth-certificate amendment through DSHS Vital Statistics (VS-166), and qualifies the child for SSA and military dependent benefits.

5. Special Situations

Gestational-agreement parentage is validated under Subchapter I (§ 160.751). Assisted-reproduction donors are not parents (§ 160.702). Deceased putative fathers may be adjudicated under § 160.509. Texas does not recognize paternity by estoppel.

This is legal information, not legal advice.