Under Texas law, a child born to a man and woman who are not married has no legal father. 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 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.

There is a difference between a biological father and a legal father. The purpose of filing a paternity suit is not only to establish the parent-child relationship from a legal standpoint, but also for the purpose of establishing custody, visitation, and child support. A paternity suit can be brought by the mother, the alleged father, the child (individually or through a representative), or certain government agencies.

HOW IS PATERNITY ESTABLISHED?

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 (AOP). 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. Certain issues cannot be handled in the acknowledgement proceedings or Child Support Review Process (CSRP). For example, 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.

Whether you are the mother of a child trying to prove paternity, or a man who has been identified as the possible father and you are seeking to challenge paternity or establish father's rights, a DNA test may be necessary to move forward in your paternity case.

FREQUENTLY ASKED QUESTIONS

Q. What happens after a paternity suit is filed?

A. If the parties do not agree on the parentage, the court will order blood test on the parties.

Q. Who pays for the blood test?

A. If the parties cannot agree, the court will decide. The cost are usually shared by the parties.

Q. What happens after the blood test?

A. The lab will prepare a report for the court. If the test shows that the named parent is NOT the biological parent, the court will dismiss the case. If the test shows that the named parent is at least 99% sure to be the parent (no test is 100%), the court will decide custody, visitation, and support if the parties cannot agree.

Q. How can I be listed as the father on my baby’s birth certificate?

A. 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.

Q.  If you were not married to the mother of the child, there are two ways to have your name added to the birth certificate:

A. 

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

Q. What if the mother is married when the child is conceived or born and the mother’s husband in not the father?

A. Under Texas law, the mother’s husband is presumed to be the father of the child. A suit may be brought to have the biological father named as the legal father; this is called a paternity suit.