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Who The Father Is On Paper

Family Code 160.307 — before the 60th day to rescind, and a challenge before any order

In Texas, 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.

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Before the 60th day. A signatory may rescind before the earlier of the 60th day after the acknowledgment takes effect, or the start of a court proceeding relating to the child to which the signatory is a party, including one establishing child support. The rescission is filed with the vital statistics unit on the prescribed form, under penalty of perjury, with a copy sent by certified or registered mail to the other signatory.

After that, before any order. A signatory may challenge the acknowledgment only for fraud, duress or material mistake of fact, and only before an order affecting the child, including a support order, is issued. Genetic testing that does not identify the signer as the father is a material mistake of fact.

The assumptionWhat the law actually does
The assumptionA challenge can be brought any timeWhat the law actually doesOnly before an order affecting the child is issued
The assumptionA negative genetic test proves nothing in courtWhat the law actually doesIt constitutes a material mistake of fact

Paternity cases in court, genetic testing orders, custody and support amounts are not all on this page. Whether a particular acknowledgment can still be undone is a question for a licensed Texas attorney.

Sources for this section (3)
  1. Fam. Code 160.307 — Procedures for rescission
  2. Fam. Code 160.305 — Effect of acknowledgment or denial of paternity
  3. Fam. Code 160.308 — Challenge after expiration of period for rescission

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • Under 60 daysRescinding an acknowledgment of paternity · from the acknowledgment taking effect

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