Tex. Fam. Code § 160.301-160.308

TEXAS FAMILY CODE Chapter 160, Subchapter D — VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CHAPTER 160 • UNIFORM PARENTAGE ACT Subchapter D: VOLUNTARY ACKNOWLEDGMENT OF PATERNITY Sec. 160.301. ACKNOWLEDGMENT OF PATERNITY. The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man's paternity. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 2, eff. Sept. 1, 2003. Sec. 160.302. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a) An acknowledgment of paternity must: (1) be in a record; (2) be signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity; (3) state that the child whose paternity is being acknowledged: (A) does not have a presumed father or has a presumed father whose full name is stated; and (B) does not have another acknowledged or adjudicated father; (4) state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and (5) state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances. (b) An acknowledgment of paternity is void if it: (1) states that another man is a presumed father of the child, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the vital statistics unit; (2) states that another man is an acknowledged or adjudicated father of the child; or (3) falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child. (c) A presumed father may sign or otherwi cknowledged or adjudicated father of the child; or (3) falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child. (c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity. (d) An acknowledgment of paternity constitutes an affidavit under Section 666(a)(5)(C), Social Security Act (42 U.S.C. Section 666(a)(5)(C)). Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.056, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 7, eff. September 1, 2015. Sec. 160.303. DENIAL OF PATERNITY. A presumed father of a child may sign a denial of his paternity. The denial is valid only if: (1) an acknowledgment of paternity signed or otherwise authenticated by another man is filed under Section 160.305; (2) the denial is in a record and is signed or otherwise authenticated under penalty of perjury; and (3) the presumed father has not previously: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 160, Subchapter D — VOLUNTARY ACKNOWLEDGMENT OF PATERNITY (A) acknowledged paternity of the child, unless the previous acknowledgment has been rescinded under Section 160.307 or successfully challenged under Section 160.308; or (B) been adjudicated to be the father of the child. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 160.304. RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. (a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or in different documents and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither document is valid until both documents are filed. ngle document or in different documents and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither document is valid until both documents are filed. (b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child. (c) Subject to Subsection (a), an acknowledgment of paternity or denial of paternity takes effect on the date of the birth of the child or the filing of the document with the vital statistics unit, whichever occurs later. (d) An acknowledgment of paternity or denial of paternity signed by a minor is valid if it otherwise complies with this chapter. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.057, eff. April 2, 2015. Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY. (a) Except as provided by Sections 160.307 and 160.308, a valid acknowledgment of paternity filed with the vital statistics unit is the equivalent of an adjudication of the paternity of a child and confers on the acknowledged father all rights and duties of a parent. (b) Except as provided by Sections 160.307 and 160.308, a valid denial of paternity filed with the vital statistics unit in conjunction with a valid acknowledgment of paternity is the equivalent of an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.058, eff. April 2, 2015. Sec. 160.306. FILING FEE NOT REQUIRED. The Department of State Health Services may not charge a fee for filing: (1) an acknowledgment of paternity; (2) a denial of paternity; or (3) a rescission of an acknowledgment of paternity or denial of paternity. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended f paternity; (2) a denial of paternity; or (3) a rescission of an acknowledgment of paternity or denial of paternity. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 2, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.059, eff. April 2, 2015. Sec. 160.307. PROCEDURES FOR RESCISSION. (a) A signatory may rescind an acknowledgment of paternity or denial of paternity as provided by this section before the earlier of: (1) the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or (2) the date a proceeding to which the signatory is a party is initiated before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support. (b) A signatory seeking to rescind an acknowledgment of paternity or denial of paternity must file with the vital statistics unit a completed rescission, on the form prescribed under Section 160.312, in which the signatory declares under penalty of perjury that: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 160, Subchapter D — VOLUNTARY ACKNOWLEDGMENT OF PATERNITY (1) as of the date the rescission is filed, a proceeding has not been held affecting the child identified in the acknowledgment of paternity or denial of paternity, including a proceeding to establish child support; (2) a copy of the completed rescission was sent by certified or registered mail, return receipt requested, to: (A) if the rescission is of an acknowledgment of paternity, the other signatory of the acknowledgment of paternity and the signatory of any related denial of paternity; or (B) if the rescission is of a denial of paternity, the signatories of the related acknowledgment of paternity; and (3) if a signatory to the acknowledgment of paternity or denial of paternity is receiv ) if the rescission is of a denial of paternity, the signatories of the related acknowledgment of paternity; and (3) if a signatory to the acknowledgment of paternity or denial of paternity is receiving services from the Title IV-D agency, a copy of the completed rescission was sent by certified or registered mail to the Title IV-D agency. (c) On receipt of a completed rescission, the vital statistics unit shall void the acknowledgment of paternity or denial of paternity affected by the rescission and amend the birth record of the child, if appropriate. (d) Any party affected by the rescission, including the Title IV-D agency, may contest the rescission by bringing a proceeding under Subchapter G to adjudicate the parentage of the child. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 3, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.060, eff. April 2, 2015. Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION. (a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child. (b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof. (c) Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the issuance of an order affecting the child identified in the acknowledgment, including an order relating to support of the child. (d) For purposes of Subsection (a), evidence that, base ined after the issuance of an order affecting the child identified in the acknowledgment, including an order relating to support of the child. (d) For purposes of Subsection (a), evidence that, based on genetic testing, the man who is the signatory of an acknowledgement of paternity is not rebuttably identified as the father of a child in accordance with Section 160.505 constitutes a material mistake of fact. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2005, 79th Leg., Ch. 478 (H.B. 209), Sec. 1, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 4, eff. September 1, 2011. Sec. 160.309. PROCEDURE FOR CHALLENGE. (a) Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to challenge the acknowledgment or denial of paternity. (b) For purposes of a challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of this state by signing the acknowledgment or denial. The jurisdiction is effective on the filing of the document with the vital statistics unit. (c) Except for good cause shown, while a proceeding is pending to challenge an acknowledgment of paternity or a denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 160, Subchapter D — VOLUNTARY ACKNOWLEDGMENT OF PATERNITY (d) A proceeding to challenge an acknowledgment of paternity or a denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Subchapter G. (e) At the conclusion of a proceeding to challenge an acknowledgment of paternity or a denial of paternity, the court shall order the vital statistics unit to amend the birth reco nder Subchapter G. (e) At the conclusion of a proceeding to challenge an acknowledgment of paternity or a denial of paternity, the court shall order the vital statistics unit to amend the birth record of the child, if appropriate. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 5, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.061, eff. April 2, 2015. Sec. 160.310. RATIFICATION BARRED. A court or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged acknowledgment of paternity. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 160.311. FULL FAITH AND CREDIT. A court of this state shall give full faith and credit to an acknowledgment of paternity or a denial of paternity that is effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 160.312. FORMS. (a) To facilitate compliance with this subchapter, the vital statistics unit shall prescribe forms for the: (1) acknowledgment of paternity; (2) denial of paternity; and (3) rescission of an acknowledgment or denial of paternity. (b) A valid acknowledgment of paternity, denial of paternity, or rescission of an acknowledgment or denial of paternity is not affected by a later modification of the prescribed form. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 6, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.062, eff. April 2, 2015. Sec. 160.313. RELEASE OF INFORMATION. The vital statistics unit may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or d n Sec. 160.313. RELEASE OF INFORMATION. The vital statistics unit may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to the courts and Title IV-D agency of this or another state. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.063, eff. April 2, 2015. Sec. 160.314. ADOPTION OF RULES. The Title IV-D agency and the executive commissioner of the Health and Human Services Commission may adopt rules to implement this subchapter. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.064, eff. April 2, 2015. Sec. 160.315. MEMORANDUM OF UNDERSTANDING. (a) The Title IV-D agency and the vital statistics unit shall adopt a memorandum of understanding governing the collection and transfer of information for the voluntary acknowledgment of paternity. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 160, Subchapter D — VOLUNTARY ACKNOWLEDGMENT OF PATERNITY (b) The Title IV-D agency and the vital statistics unit shall review the memorandum semiannually and renew or modify the memorandum as necessary. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.065, eff. April 2, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5