How to Establish Paternity in Texas
Reviewed by DocDraft Legal Team · Texas · Last updated 2026-09-12
In Texas, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. There are two main paths. Unmarried parents who agree can sign an Acknowledgment of Paternity under Tex. Fam. Code 160.301 and 160.302; once filed with the Vital Statistics Unit it is the equivalent of a judicial adjudication of paternity. A signer may rescind before the 60th day or before a related court proceeding, whichever is earlier (Tex. Fam. Code 160.307), and after that it can be challenged only for fraud, duress, or a material mistake of fact (Tex. Fam. Code 160.308). When parents do not agree, a court decides paternity and can order genetic testing. Texas has two load-bearing deadlines that turn on whether the child already has a presumed father. If the child has no presumed, acknowledged, or adjudicated father, there is no time limit to bring a paternity proceeding (Tex. Fam. Code 160.606). If the child has a presumed father, the proceeding must generally be commenced not later than the fourth anniversary of the child's birth (Tex. Fam. Code 160.607). A man married to the mother when the child is born, or within 300 days after the marriage ends, is a presumed father (Tex. Fam. Code 160.204). Genetic testing creates a rebuttable presumption of paternity at a 99 percent probability with a combined paternity index of at least 100 to 1 (Tex. Fam. Code 160.505). Attorney review of your situation is available through DocDraft.
Find out where you stand in Texas
Where are you in establishing paternity?
DocDraft provides document preparation, not legal advice.
How do I establish paternity in Texas?
There are two routes. Unmarried parents who agree can sign an Acknowledgment of Paternity under Tex. Fam. Code 160.301, which once filed with the Vital Statistics Unit is the equivalent of a court adjudication. If parents disagree, a court decides paternity and can order genetic testing before entering an order.
How long do I have to establish paternity in Texas?
It depends on whether the child has a presumed father. If the child has no presumed, acknowledged, or adjudicated father, there is no time limit (Tex. Fam. Code 160.606). If the child has a presumed father, the proceeding must generally be brought by the child's fourth birthday (Tex. Fam. Code 160.607).
What is the marital presumption of paternity in Texas?
Under Tex. Fam. Code 160.204, a man married to the mother when the child is born, or within 300 days after the marriage ends, is a presumed father. A proceeding to adjudicate the parentage of a child with a presumed father must generally be commenced by the child's fourth birthday (Tex. Fam. Code 160.607).
What genetic-testing result establishes paternity in Texas?
Under Tex. Fam. Code 160.505, a man is rebuttably presumed the father if genetic testing shows at least a 99 percent probability of paternity, using a prior probability of 0.5, and a combined paternity index of at least 100 to 1. He can rebut only by other genetic testing that excludes him.
Texas paternity law at a glance
Texas lets unmarried parents establish paternity without court by signing an Acknowledgment of Paternity under Tex. Fam. Code 160.301; once filed with the Vital Statistics Unit it is the equivalent of a judicial adjudication of paternity. A signer may rescind before the 60th day or before a related court proceeding (Tex. Fam. Code 160.307). The distinctive feature is a split deadline for court actions. If the child has no presumed, acknowledged, or adjudicated father, a paternity proceeding may be brought at any time (Tex. Fam. Code 160.606). If the child has a presumed father, usually the mother's husband under Tex. Fam. Code 160.204, the proceeding must generally be commenced by the child's fourth birthday (Tex. Fam. Code 160.607), with exceptions for non-cohabitation or misrepresentation. Genetic testing creates a rebuttable presumption at a 99 percent probability with a combined paternity index of at least 100 to 1 (Tex. Fam. Code 160.505).
Establishing Texas paternity for a child born to unmarried parents
Take a child born in Texas to unmarried parents who agree on the father, and the child has no presumed father. Both sign an Acknowledgment of Paternity, which once filed with the Vital Statistics Unit is the equivalent of a court adjudication (Tex. Fam. Code 160.301). A signer may rescind before the 60th day or a related court proceeding, after which only fraud, duress, or material mistake applies (Tex. Fam. Code 160.307, 160.308). Had paternity been disputed, the court could order genetic testing, where a 99 percent probability creates a rebuttable presumption (Tex. Fam. Code 160.505); with no presumed father, the proceeding has no deadline (Tex. Fam. Code 160.606). Had the mother been married, her husband would be a presumed father, and a challenge would generally be due by the child's fourth birthday (Tex. Fam. Code 160.607). Attorney review is available through DocDraft.
Relevant Laws
Tex. Fam. Code 160.606 (no time limit with no presumed father)
Provides that a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after the child becomes an adult.
Tex. Fam. Code 160.607 (four-year limit with a presumed father)
Provides that a proceeding to adjudicate the parentage of a child having a presumed father must generally be commenced not later than the fourth anniversary of the child's birth, with exceptions for non-cohabitation at conception or misrepresentation.
Tex. Fam. Code 160.204 (marital presumption of paternity)
Provides that a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage or within 300 days after the marriage is terminated.
Tex. Fam. Code 160.505 (99 percent genetic-testing presumption)
Provides that a man is rebuttably presumed the father if genetic testing shows at least a 99 percent probability of paternity, using a prior probability of 0.5, and a combined paternity index of at least 100 to 1, rebuttable only by other genetic testing that excludes him.
Tex. Fam. Code 160.301 to 160.308 (Acknowledgment of Paternity and rescission)
Sets out how the mother and alleged father execute an Acknowledgment of Paternity that, once filed, is the equivalent of an adjudication, allows rescission before the 60th day or a related court proceeding (160.307), and limits later challenges to fraud, duress, or material mistake (160.308).
Texas Office of the Attorney General, Child Support Division
The Office of the Attorney General Child Support Division helps parents complete an Acknowledgment of Paternity, establish paternity, and set support orders, and can arrange genetic testing when paternity is disputed.
Regional Variances
Texas paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by signing an Acknowledgment of Paternity under Tex. Fam. Code 160.301; once filed with the Vital Statistics Unit it is the equivalent of a judicial adjudication of paternity.
Rescission window
A signer may rescind before the 60th day after the acknowledgment takes effect, or before a related court proceeding, whichever is earlier (Tex. Fam. Code 160.307); after that only fraud, duress, or material mistake applies (160.308).
Marital presumption
A man married to the mother when the child is born, or within 300 days after the marriage ends, is a presumed father (Tex. Fam. Code 160.204).
Deadline to establish
No time limit if the child has no presumed, acknowledged, or adjudicated father (Tex. Fam. Code 160.606); generally by the child's fourth birthday if a presumed father exists (Tex. Fam. Code 160.607).
Genetic-testing threshold
Genetic testing creates a rebuttable presumption of paternity at a 99 percent probability with a combined paternity index of at least 100 to 1 (Tex. Fam. Code 160.505).
Who administers it
The Office of the Attorney General Child Support Division helps establish paternity and support; contested cases are adjudicated by a court that can order genetic testing.
Suggested Compliance Checklist
Determine whether the child has a presumed father
Before signing or filing anything days after startingDetermine whether the mother was married when the child was born or within 300 days after the marriage ended, which makes her husband a presumed father under Tex. Fam. Code 160.204 and triggers the four-year deadline of Tex. Fam. Code 160.607.
Get genetic testing if biological parentage is uncertain
Before signing an acknowledgment days after startingBecause a valid acknowledgment is treated as a judgment, obtain genetic testing first if there is any doubt. Under Tex. Fam. Code 160.505, a 99 percent probability with a combined paternity index of at least 100 to 1 creates a rebuttable presumption of paternity.
Sign and file the Acknowledgment of Paternity
At the hospital or a child support office days after startingUnmarried parents who agree sign an Acknowledgment of Paternity under Tex. Fam. Code 160.301, filed with the Vital Statistics Unit, which is the equivalent of a court adjudication. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day rescission window
Before the 60th day after signing days after startingIf you need to cancel a signed acknowledgment, rescind it before the 60th day after it takes effect or before a related court proceeding, whichever is earlier (Tex. Fam. Code 160.307). After that only fraud, duress, or material mistake applies (160.308).
File a paternity proceeding in the right window if parents disagree
By the child's fourth birthday if a presumed father exists days after startingIf parents do not agree, file to adjudicate parentage; the court can order genetic testing. There is no deadline if the child has no presumed father (Tex. Fam. Code 160.606); file by the fourth birthday if a presumed father exists (Tex. Fam. Code 160.607).
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the 60-day rescission window and, if a presumed father exists, the four-year deadline (Tex. Fam. Code 160.607) so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine whether the child has a presumed father | Determine whether the mother was married when the child was born or within 300 days after the marriage ended, which makes her husband a presumed father under Tex. Fam. Code 160.204 and triggers the four-year deadline of Tex. Fam. Code 160.607. | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a valid acknowledgment is treated as a judgment, obtain genetic testing first if there is any doubt. Under Tex. Fam. Code 160.505, a 99 percent probability with a combined paternity index of at least 100 to 1 creates a rebuttable presumption of paternity. | - | Before signing an acknowledgment |
| Sign and file the Acknowledgment of Paternity | Unmarried parents who agree sign an Acknowledgment of Paternity under Tex. Fam. Code 160.301, filed with the Vital Statistics Unit, which is the equivalent of a court adjudication. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a child support office |
| Track the 60-day rescission window | If you need to cancel a signed acknowledgment, rescind it before the 60th day after it takes effect or before a related court proceeding, whichever is earlier (Tex. Fam. Code 160.307). After that only fraud, duress, or material mistake applies (160.308). | - | Before the 60th day after signing |
| File a paternity proceeding in the right window if parents disagree | If parents do not agree, file to adjudicate parentage; the court can order genetic testing. There is no deadline if the child has no presumed father (Tex. Fam. Code 160.606); file by the fourth birthday if a presumed father exists (Tex. Fam. Code 160.607). | - | By the child's fourth birthday if a presumed father exists |
| Keep records of the acknowledgment, testing, and orders | Save copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the 60-day rescission window and, if a presumed father exists, the four-year deadline (Tex. Fam. Code 160.607) so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Texas means legally identifying a child's father so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. It can be done by signing an Acknowledgment of Paternity (Tex. Fam. Code 160.301) or through a court proceeding that adjudicates the parent-child relationship.
Unmarried parents who agree can sign an Acknowledgment of Paternity under Tex. Fam. Code 160.301, which once filed with the Vital Statistics Unit is the equivalent of a court adjudication. If they disagree, either parent can file to adjudicate parentage, and the court can order genetic testing before deciding.
It is a form the mother and the man claiming to be the father sign under penalty of perjury to establish paternity without going to court (Tex. Fam. Code 160.301, 160.302). Once properly filed with the Vital Statistics Unit, a valid acknowledgment is the equivalent of a judicial adjudication of paternity.
Under Tex. Fam. Code 160.607, a proceeding to adjudicate the parentage of a child who has a presumed father must generally be commenced by the child's fourth birthday. It can be brought later only if the court finds the presumed father and mother did not cohabit at conception, or that he was misled about being the biological father.
It depends on the child's status. If the child has no presumed, acknowledged, or adjudicated father, there is no time limit (Tex. Fam. Code 160.606). If the child has a presumed father, the proceeding must generally be brought by the child's fourth birthday (Tex. Fam. Code 160.607).
Yes, within a limited window. A signer may rescind an Acknowledgment of Paternity before the 60th day after it takes effect, or before a related court proceeding begins, whichever is earlier (Tex. Fam. Code 160.307). After that it can be challenged only for fraud, duress, or a material mistake of fact (Tex. Fam. Code 160.308).
Under Tex. Fam. Code 160.505, a man is rebuttably presumed the father if genetic testing shows at least a 99 percent probability of paternity, using a prior probability of 0.5, and a combined paternity index of at least 100 to 1. He can rebut only with other genetic testing that excludes him.
The Office of the Attorney General Child Support Division helps parents complete an Acknowledgment of Paternity and can open a case to establish paternity and support, including arranging genetic testing. When paternity is contested, a court adjudicates it and can order genetic testing before deciding.
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