Odd Lone Star Laws: What Does “Paternity” Really Mean in Texas?

Paternity seems like such an easy word to understand. To most of us, it just means fatherhood, but in the eyes of Texas law, it's so much more than that. Let me explain.

What is Paternity and Why is it Important in Texas?

Varghese Summersett Law states that paternity is also the legal status of an individual which includes the rights and obligations from the father to a child.

What if the mother and father aren't married?

Nope, the State of Texas does not legally recognize the unwed man as the father. This is similar to the fact that just because someone's name is on the birth certificate, that does NOT constitute paternity in Texas.

If the mother and father separate, legal paternity also allows the father the following:

• Attend the child's school
• Access medical records
• Approach the court for child custody
• Potentially be granted child support

A Texas father with established paternity may also have their child eligible for his medical and social security benefits.

Lastly, the difference between a biological father and a legal father is that the biological father, although is proven to be related by blood, must establish paternity before being granted any legal claim over the child.

How to Establish Paternity in Texas

In Texas, divorcenet.com states that there are two ways in which paternity can be established: voluntary or involuntary.

Voluntary establishment occurs when the mother and father both agree that he is related by blood. They then will sign an Acknowledgment of Paternity stating that his is indeed the legal father of the child. This is typically signed after birth at the hospital.

Involuntary paternity is established when one parent disputes paternity, leading to a court issue. The court can file a Petition to Adjudicate Parentage to require the alleged father to appear in court.

If either of the parents continue to deny paternity, a DNA test will be conducted where a swab from the cheek of the mother, the child, and the alleged father will be tested. After this, the man will be declared the legal father and his name will be added to the child's birth certificate.

There are more nuggets of information regarding Texas paternity, but this is gist of it, what it means, and how it can be established.

Hopefully you learned something new!