How to Establish Paternity in Texas: Step-by-Step

For unmarried parents who need to affirmatively establish legal paternity, the two most common paths are signing an Acknowledgment of Paternity if both parents agree, or asking a court to adjudicate parentage if they do not. Texas law also recognizes paternity through an unrebutted presumption, adoption, or certain assisted reproduction arrangements, but those situations work differently and are not the focus here. Our paternity overview explains what paternity means and why it matters. This page walks through exactly what to do at each step of the two most common paths, whether you are signing paperwork at the hospital or filing a case with the court.

Which path applies to you depends on one thing: do both parents agree on who the father is? If yes, the paperwork route is usually faster and less expensive. If no, or if the child already has a presumed father who has not signed off, you are looking at a court case.

Path 1: Signing an Acknowledgment of Paternity

An Acknowledgment of Paternity, or AOP, is the paperwork route. It works when the mother and the man agree on who the father is, and it can be completed at the hospital or later.

• Step 1: Confirm the form comes from an approved source. The AOP form is not something you print at home. It has to come from a hospital birth program, a local child support office, or another entity certified by the Texas Attorney General’s office to explain your rights before you sign.
• Step 2: Sign at the hospital or schedule it later. Most parents sign at the hospital within a day or two of birth, with staff walking them through it. If that window passes, you can complete it later at the Vital Statistics Unit, a local birth registrar, or a certified entity, including by DocuSign in some cases.
• Step 3: Check whether a presumed father is in the picture. If the child already has a presumed father, a Denial of Paternity signed by that man is required. Both documents must be filed before either one becomes valid.
• Step 4: File it with the Vital Statistics Unit. The completed AOP is filed with the Texas Department of State Health Services, Vital Statistics Section. Texas law does not allow a fee to be charged for filing the AOP itself. Filing establishes legal paternity; adding or correcting the father’s name on the birth certificate is a separate step handled through a follow-up Vital Statistics application.

The form itself has to say specific things under Tex. Fam. Code § 160.302^[1], including whether the child already has a presumed or acknowledged father, whether genetic testing has been done, and a statement that both signatories understand the acknowledgment carries the same legal weight as a court judgment.

When a presumed father exists, Texas regulations require his Denial of Paternity before the Acknowledgment can take effect, and neither document becomes valid until both are filed.^[2] Skipping that step is one of the most common reasons an AOP gets rejected or challenged later.

One more thing worth knowing up front: Texas law specifically prohibits the Department of State Health Services from charging a fee to file an Acknowledgment of Paternity, a Denial of Paternity, or a rescission.^[3] If you are quoted a fee for the filing itself rather than for a separate service like a certified copy of a birth certificate, that is worth double-checking.

If You Change Your Mind After Signing

A signatory may rescind an AOP or a related Denial of Paternity before the earlier of two dates: the 60th day after it becomes effective, or the date a proceeding involving the child is initiated in which that signatory is a party, including a child support case. Under Tex. Fam. Code § 160.307^[4], the rescission has to be filed with the Vital Statistics Unit on the prescribed form, and the required notice has to be sent to the other affected signatories.

That earlier-of structure matters. If a child support case gets filed three weeks after you sign, your rescission window closes early, well before the 60 days would otherwise run out. Waiting to see how things go is not a safe assumption.

After 60 days, rescission is off the table, though a challenge based on fraud, duress, or a material mistake of fact may still be possible under separate rules. That is a different, harder process than a simple rescission, and the deadlines work differently.

Path 2: Asking a Court to Establish Paternity

When the parents do not agree, paternity is established through a Petition to Adjudicate Parentage, a type of suit affecting the parent-child relationship. Tex. Fam. Code § 160.602^[5] identifies several people and entities that may bring the proceeding, including the mother, a man whose paternity is to be determined, the child through a representative, and a support enforcement agency, among others.

• Step 1: File the petition. A parentage proceeding is generally brought in an authorized court in the Texas county where the child resides or is found; different venue rules can apply if the child does not reside in Texas. A filing fee is due at filing, though you can request a fee waiver if you cannot afford it.
• Step 2: Serve the other party. The alleged father or mother has to be formally notified through service of process, unless they sign a waiver of service.
• Step 3: Loop in the Attorney General’s office if applicable. If the child has received Medicaid, TANF, or the Office of the Attorney General Child Support Division is already involved, a copy of the petition typically needs to go to that office.
• Step 4: Complete genetic testing if paternity is disputed. The court can order testing of the mother, child, and alleged father. Texas law rebuttably identifies a man as the father when results show at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1.
• Step 5: Attend the hearing. Uncontested cases are usually set on a shorter docket, while contested cases where someone disputes the results or the process get a full hearing.
• Step 6: Get the signed order. The judge signs an Order Adjudicating Parentage, which can also address custody, possession, and child support in the same proceeding.

Venue for this kind of case is set by Tex. Fam. Code § 160.605^[6], and the genetic testing threshold described above comes from Tex. Fam. Code § 160.505.^[7]

Filing this yourself is possible, but the service, fee waiver paperwork, and coordination with the Attorney General’s office trip up a lot of parents who try to handle it without help. Missing a step here can delay the case by months.

What You’ll Need Before You Start

• Identification for both parents: a driver’s license or state ID is generally required for the AOP and for court filings.
• The child’s birth information: the birth certificate or hospital record, especially if you are correcting an existing record.
• Any existing genetic testing results: if testing has already been done, the AOP form itself asks whether results are consistent with the claim of paternity.
• Clarity on whether a presumed father exists: this single fact determines whether the paperwork route is even available to you.

Why This Matters Beyond the Paperwork

Establishing paternity is what allows a court to enter a child support order once a legal father is on record.

For an unmarried father who has not otherwise established a legal parent-child relationship, establishing paternity is generally necessary before a court can recognize and order custody and possession rights. Biology alone does not create legal rights. Getting the paperwork right the first time avoids delays in getting to those next steps, which are usually the reason a family is dealing with paternity at all.

How Cutrer Law Group Helps With Establishing Paternity

Cutrer Law Group is led by Anita K. Cutrer, who holds board certification in family law from the Texas Board of Legal Specialization. That designation requires documented experience in the specialty, peer review, and a written examination.

We help parents complete an Acknowledgment correctly the first time when both sides agree, and we handle the filing, service, and Attorney General coordination when a case has to go through court. Either way, the goal is the same: get paternity established cleanly so the custody and support questions that actually matter to your family can move forward.

Call (817) 422-5455 or schedule your free case evaluation online. No obligation. Consultations available by phone, video, or in person.