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.
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 assumption | What the law actually does |
|---|---|
| The assumptionA challenge can be brought any time | What the law actually doesOnly before an order affecting the child is issued |
| The assumptionA negative genetic test proves nothing in court | What 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)
- Fam. Code 160.307 — Procedures for rescission
- Fam. Code 160.305 — Effect of acknowledgment or denial of paternity
- 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.