Paternity in Texas
Paternity in Texas is the legal answer to who a child's father is, and biology alone does not settle it. Chapter 160 of the Texas Family Code creates legal fathers three ways: through marriage, a signed acknowledgment, or a court order. This page explains each route, DNA testing and the filing deadlines.
What does legal paternity mean for a father and child?
Legal paternity is the parent and child relationship between a father and a child that Texas law recognizes and enforces. The Texas Uniform Parentage Act, Chapter 160 of the Family Code, decides who holds it. A legal father holds every parental right and duty, from custody and visits to support.
Chapter 160 uses three labels for a legal father, each with its own rules.
- Presumed father
- A man the statute treats as the father because of a marriage to the mother or because he lived with and claimed the child, under § 160.204.
- Acknowledged father
- A man who signed a valid acknowledgment of paternity with the mother and filed it with the state vital statistics unit, under § 160.305.
- Adjudicated father
- A man a court has declared to be the father in an order adjudicating parentage, under § 160.636.
When does Texas law presume a man is the father?
Texas Family Code § 160.204 presumes a man is the father in five situations: four tied to marriage to the mother, and one based on living with the child and claiming the child as his own during the first two years of life. A presumption can be undone only by a court order or by a formal denial paired with another man's acknowledgment.
| Situation | When the presumption applies |
|---|---|
| Born during the marriage | He is married to the mother and the child is born during the marriage. |
| Born soon after the marriage ends | The child is born before the 301st day after the marriage ends by death, annulment, declaration of invalidity or divorce. |
| Invalid marriage before birth | He married the mother before the birth in apparent compliance with law, even if the marriage is or could be declared invalid, and the child is born during that marriage or before the 301st day after it ends. |
| Marriage after birth | He married the mother after the birth, voluntarily asserted paternity, and either filed that assertion with the vital statistics unit, was voluntarily named on the birth certificate, or promised in a record to support the child. |
| Two years in the home | During the child's first two years, he lived continuously in the child's household and represented to others that the child was his. |
How does an acknowledgment of paternity work, and can it be undone?
An acknowledgment of paternity is a sworn form the mother and father sign and file with the state vital statistics unit. Once valid and filed, Texas Family Code § 160.305 treats it as the equivalent of a court order of paternity. It can be rescinded only within a short window, and challenged later only on narrow grounds.
- Signing. Under § 160.302, both signers state under penalty of perjury whether the child has a presumed father and whether genetic testing was done. Under § 160.304, it may be signed before the birth and takes effect on the later of the birth or the filing date.
- Rescission. Under § 160.307, a signer may rescind by filing the state rescission form before the earlier of the 60th day after the acknowledgment takes effect or the date a court case involving the signer about the child, including a child support case, is filed.
- Later challenge. Under § 160.308, after the rescission window closes a signer can attack the acknowledgment only by showing fraud, duress (coercion) or a serious mistake about a key fact, and only before a court rules on the child. A genetic test that does not point to the signer as the father counts as that kind of mistake.
What role does DNA testing play in a Texas parentage case?
In a Texas parentage case, the court must order genetic testing when any party asks for it, under Texas Family Code § 160.502. A test that shows at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1 identifies the man as the father unless other qualifying testing rebuts it.
- The threshold. Under § 160.505(a), both numbers must be met: the 99 percent probability, calculated with a prior probability of 0.5, and the 100 to 1 index.
- Rebuttal. A man identified this way can rebut the finding only with other qualifying genetic testing that excludes him or identifies another man as the possible father.
Is there a deadline to bring a case about paternity in Texas?
The deadline depends on whether the child already has a legal father. A child with no presumed, acknowledged or adjudicated father can have parentage decided at any time, even in adulthood. When a presumed father exists, Texas Family Code § 160.607 generally requires filing by the child's fourth birthday. The exceptions cover a presumed father and mother who did not live together or have sex around conception, and a presumed father misled into believing he was the biological father.
| The child has | Deadline |
|---|---|
| No legal father | None. Under § 160.606, the case may be filed at any time, including after the child becomes an adult. |
| A presumed father | By the fourth anniversary of the child's birth, under § 160.607(a), unless one of the two exceptions in § 160.607(b) applies. |
| An acknowledged father | A signer must act within the rescission and challenge periods in §§ 160.307 and 160.308. Under § 160.609(b), a person who did not sign must file by the fourth anniversary of the acknowledgment's effective date. |
What orders can follow a paternity finding?
A paternity case rarely stops at the question of who the father is. Under Texas Family Code § 160.610, a parentage claim may be joined with requests for possession and access, child support, divorce or adoption, and § 160.636 lets the court order retroactive child support and a share of prenatal and postnatal health care costs.
Custody and visits
Conservatorship and possession schedules: child custody.
Support for the child
Guideline support and retroactive support: child support.
Every family law topic
How these claims travel together in one suit: the Family Law guide.
Parents with a case in Montgomery or Harris County can read about local practice on the Conroe page or the Cypress page, and see where Montgomery County cases are heard on the courts page.
Paternity in Texas: common questions
Is a name on the birth certificate enough to establish fatherhood?
On its own it is not. Legal fatherhood comes from a presumption under section 160.204, a valid acknowledgment of paternity on file with the state vital statistics unit, or an order from a court. The birth certificate matters under one presumption, for a man who married the mother after the birth.
Is there a window to back out of an acknowledgment of paternity?
The window is short: a signer can rescind before the earlier of two dates: the 60th day after the acknowledgment takes effect, or the date a court case about the child that includes the signer is filed. Once that window closes, section 160.308 permits a challenge only on proof of fraud, duress or a serious factual mistake, and only before a court rules on the child.
Can paternity in Texas be challenged after the child turns four?
That turns on the child's situation. When a presumed father exists, section 160.607 sets a four-year deadline from birth, with exceptions for no cohabitation or intercourse at conception and for a father misled into believing he was the biological father. A child with no legal father has no deadline at all.
What DNA test number identifies a man as the father?
Under section 160.505, genetic testing identifies a man as the father when it shows at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1. He can rebut that finding only with other qualifying genetic testing.
Can the same case also decide child support and visitation?
It can. Section 160.610 allows a parentage claim to be joined with claims for possession and access and child support, so one suit can settle fatherhood, the schedule and support. Section 160.636 also allows retroactive child support under the Chapter 154 guidelines.
Statutes cited on this page were checked against the Texas Family Code as amended through the 2025 legislative session. Last reviewed: November 8, 2026.
Need a clear answer about a father's legal status?
Jessica Fritz can review the papers you have and explain how paternity in Texas applies to your child. Call Fritz Law Firm, PLLC or send a message to set up a time.
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Every case at Fritz Law Firm, PLLC is handled by one lawyer, Jessica Fritz, working with the firm's staff. There are no associates, so your case is not handed off to someone you have never met.
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