Unmarried parents in Texas must take extra steps to establish legal paternity. Without legal recognition, a father does not have automatic rights or responsibilities toward a child. Establishing paternity ensures the child has access to financial support, medical benefits, and inheritance rights. There are several ways to legally establish paternity in Texas.
Signing an acknowledgment of paternity
If both unmarried parents agree on the father’s identity, they can sign an Acknowledgment of Paternity (AOP). This legal form confirms the man as the child’s legal father. The AOP can be completed at the hospital when the child is born or later at an authorized location, such as the Texas Vital Statistics Unit. Both parents must sign voluntarily for the form to be valid.
Filing a paternity lawsuit
When parents disagree about paternity, either party can file a paternity lawsuit. The Office of the Attorney General, the mother, the alleged father, or even the child can initiate this legal action. The court may order DNA testing to determine the biological relationship. If the test confirms paternity, the judge will issue an order establishing the father’s legal rights and responsibilities.
Court-ordered DNA testing
A court may require DNA testing if paternity is disputed. The test compares genetic samples from the child and the alleged father to determine a match. Texas courts recognize DNA results with at least a 99% probability of paternity as valid evidence. If the test confirms paternity, the court will establish legal rights, including child support and visitation arrangements.
Legal paternity benefits both the child and the father. The child gains financial security, access to medical history, and potential benefits such as Social Security and veteran’s assistance. The father gains legal rights to custody, visitation, and decision-making regarding the child’s upbringing. Establishing paternity strengthens the legal and emotional bond between a father and child, ensuring both have the rights and support they deserve.