What Does Paternity Mean?

Both legally and biologically, the word paternity means the identity of the father of a child. Except in rare circumstances, when a woman gives birth to a child, she is considered to be the legal mother of that child. Every child also has a biological father. But if you were never married to the mother of your child, Texas does not give you any rights or responsibilities as the child's father unless legal paternity is established.

A man is presumed to be the legal father of a child if he was married to the mother at the time of the birth of the child. Unless paternity is established, a child born to an unwed mother has no legal father.

How Can The Paternity Of A Child Be Established?

In Texas there are two primary ways to establish paternity for a child. Both parents can sign a legal document to establish the paternity of the child. This document is called an Acknowledgment of Paternity. The second way to establish paternity is through a court proceeding.

The decision to voluntarily acknowledge paternity should not be taken lightly because it is an important one for both you and your child. If you are absolutely sure that you are the father of the child, and the mother agrees, you should both voluntarily acknowledge paternity. If you and the mother are unable to reach an agreement about visitation with the child or other rights such as the right to see your child's school or medical records, you will have to go to court.

If a mother or the State claims that you are the father of a child, you may want to take a genetic test to make sure you are the biological father. A genetic test is the best way to be absolutely sure that you are the biological father of the child. Since the 1980s, very accurate genetic tests have been developed. If you are not sure that you are the father, you should insist on a genetic test to determine whether you are the father of the child. If the test shows you are the father, the court will likely order you to repay the cost of the test.

How Can I Be Listed As The Father On My Baby?S Birth Certificate?

Under Texas law, if you were married to the mother of the child when the child was born, your name will automatically appear on the baby's birth certificate as the father of the child. If you were not married to the mother of the child, there are two ways to have your name added to the birth certificate:

1. By voluntarily signing an Acknowledgment of Paternity form; or
2. By a court order.

What If The Mother And I Want To Establish Paternity As Soon As The Baby Is Born?

In Texas, if the mother of the child is not married, paternity can be established in the hospital at the time the baby is born by both of you signing an Acknowledgment of Paternity (AOP) form. The AOP may also be signed before the child is born. If both parents have signed an AOP, no court proceeding on the issue of paternity is needed, and you can be held responsible for child support.

You will also have the right to seek a court order for visitation or custody. The decision to voluntarily acknowledge paternity should not be taken lightly because it is an important one for both you and your child. If you are absolutely sure that you are the father of the child, and the mother agrees, you should both voluntarily acknowledge paternity.

If I Do Not Establish Paternity In The Hospital, Can The Mother And I Do It Later Without Going To Court?

Yes. You and your child?s mother can sign an acknowledgment of Paternity form at a later date. It must include the signatures of both you and the mother. If you sign the form after the hospital has already mailed the birth certificate, you will be charged a fee for changing the birth certificate to include your name as the father of the child. A completed Acknowledgment of Paternity form should be sent to the Bureau of Vital Statistics, 1100 W. 49th Street, Austin, TX, 78756-3191. The Bureau of Vital Statistics will not charge a fee to file this form. After both parents have signed an AOP, no court proceeding on the issue of paternity is needed, and you can be held responsible for child support. You will also have the right to seek a court order for visitation or custody. The decision to voluntarily acknowledge paternity should not be taken lightly because it is an important one for both you and your child. If you are absolutely sure that you are the father of the child, and the mother agrees, you should both voluntarily acknowledge paternity.

I Am Under 18. If I Sign An Acknowledgement Of Paternity Form, Will That Make Me The Legal Father Of The Child?

Yes. Under the Texas voluntary acknowledgment laws, there is no difference in how the government treats an adult or minor who signs an Acknowledgment of Paternity.

I Was Never Married To The Mother Of My Child, And I Am An Undocumented Immigrant. I Want To Be Declared The Legal Father Of My Child. What Should I Do?

Your status as an undocumented immigrant does not mean that you cannot be declared the legal father of a child born in this country. To be declared the legal father of your child, you and the mother of the child can sign an AOP form. If you sign the form after your child is born and the hospital has already mailed the birth certificate, you will be charged a fee to change the birth certificate to include your name as the father. A completed Acknowledgment of Paternity should be sent to the Bureau of Vital Statistics, 1100 W. 49th Street, Austin, TX, 78756-3191. The Bureau of Vital Statistics will not charge a fee to file this form.

What If, After Signing The Acknowledgment Of Paternity, I Have Reason To Believe I Am Not The Father?

If you sign an Acknowledgment of Paternity and you later decide you may not be the father, there are ways for you to withdraw your signing of the form. However, this is most easily done within 60 days of signing. After 60 days pass, the requirements for withdrawing your name are more difficult to meet. If, within 60 days after the form is filed with the Bureau of Vital Statistics, one of you decides that you want to withdraw this acknowledgment, you have two options. The first option is to file a legal document known as a Petition to Rescind. You may only file a Petition to Rescind if you have not been part of a court case concerning the child. If both you and the mother agree that you are not the father, after you file the Petition to Rescind, the court will declare that you are not the father. If the baby's mother receives welfare benefits, the State must also agree that you are not the father. If there is not agreement as to whether you are the father, the court will hold a hearing to determine whether you are the father. There is also a second option. If you are ummoned for a court proceeding about that child within 60 days of signing the Acknowledgment of Paternity, you may ask the court to cancel the AOP. The court will then decide whether to grant your request.

What If 60 Days Have Passed Since The Mother And I Signed The Voluntary Acknowledgment Of Paternity And I Realize That I May Not Be The Biological Father Of The Child?

If after the 60-day period expires, you no longer believe that you are the child's father, you will have to go to court and file a lawsuit to contest the voluntary Acknowledgment of Paternity. To contest a voluntary acknowledgment, you must prove that the document was signed under conditions of fraud (someone lied in signing the document), duress (you were forced to sign), or mistake of fact (you thought one thing and another thing is true). Contesting an AOP will likely require the assistance of an attorney. Additionally, you must file a lawsuit to contest the AOP within four years of the form?s filing.

From the Texas Q and A Handbook for Non-Custodial Parents, Office of John Cornyn, Texas Attorney General