Texas Legal Glossary · Family Law

Paternity

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Paternity is the legal recognition of a man as a child’s father under Chapter 160 of the Texas Family Code, established by presumption from marriage, by a signed Acknowledgment of Paternity, or by a court order after genetic testing.

Also called: parentage, establishing fatherhood

What paternity means in Texas

Paternity is the legal status of being a child’s father. Biology alone does not create it. Until paternity is established, an unmarried father has no enforceable right to possession and no legal duty to pay support. Texas adopted the Uniform Parentage Act as Chapter 160 of the Family Code, and it supplies three routes.

The first is the presumption under § 160.204. A man is presumed to be the father if he was married to the mother when the child was born or within 300 days before, or if he lived with the child for the first two years and held the child out as his own. The second is a signed Acknowledgment of Paternity under § 160.301 through § 160.305. The third is a court adjudication under § 160.601, usually after genetic testing ordered under § 160.502.

How it works in practice

Most unmarried parents sign the Acknowledgment of Paternity at the hospital. Once filed with the Vital Statistics Unit, it has the force of a court judgment. Under § 160.307 either signer may rescind it by filing within 60 days of its effective date or before the first hearing in a case about the child, whichever comes first. After that it can be challenged only for fraud, duress, or material mistake of fact.

When the parents disagree, either one, or the Attorney General, files a suit to adjudicate parentage. The court orders DNA testing, and a result of 99 percent or higher creates a rebuttable presumption of paternity. The resulting order names the father, usually appoints both parents joint managing conservators, sets a possession schedule, and orders child support, including retroactive support in appropriate cases.

Why it matters in your case

For a father, paternity is the key to everything else: court-ordered time with the child, a say in school and medical decisions, and standing to object if someone else seeks to adopt. For a mother, it is the basis for support and health insurance for the child. Signing the acknowledgment without testing carries risk, because the rescission window closes fast. We handle paternity cases for both parents and treat the adjudication order as a full custody order, which is what it is.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.