Your children are precious, and preserving your rights as a parent is imperative. But when it comes to fathers, establishing parental rights can be challenging.

A common question that many people have is, Does the biological father have rights if he is not on the birth certificate? In short, the answer to this question is no.

Under Texas law, the biological father of a child does not automatically have any parental rights if he is not listed as the father on the child’s birth certificate. That said, the absence of the father’s name on the birth certificate does not automatically negate his ability to have any rights whatsoever.

In this article, we will discuss the intricacies of parental rights for biological fathers in Texas and explore the steps they can take to establish paternity and secure their rights. Read on to learn more and see how the family law attorneys at The Larson Law Office can help you fight for your rights today.

Biological Father Rights in Texas: An Overview

For many, our children are the most important part of our lives. Thus, for fathers and mothers alike, understanding your rights as a parent can help you protect and preserve your relationship with your child moving forward.

For biological mothers, the law establishes a parent-child relationship at the time of giving birth. At this time, the law affords the mother various rights over the child, including:

Custody,
Decision-making authority, and
Access to medical history and other information and records about the child.

For biological fathers, however, obtaining parental rights is not always so simple and can vary depending on several factors. Below are some key points to consider.

Biological Fathers’ Rights By Default in Texas

By default, the biological father of a child will not have any parental rights over the child solely because he is the child’s biological father. For example, suppose a father is not married to the mother, and no one included his name on the child’s birth certificate. In that case, he will not have any custody rights or decision-making authority without taking some form of action.

Presumption of Paternity

Even though a biological father does not have any default rights, there are situations where he may gain certain parental rights. Specifically, under Texas Family Code Section 160.204, a man is presumed to be the father of a child in the following circumstances:

He and the child’s mother are married at the time of the child’s birth;
He and the child’s mother were married, and the child was born within 301 days after the marriage was terminated (whether by annulment, declaration of invalidity, divorce, or the death of one spouse);
He married the child’s mother after the birth of the child but also voluntarily asserted his paternity of the child by filing a record with the vital statistics unit or was named as the child’s father on the birth certificate; or
During the first two years of the child’s life, he resided in the same household as the child and held the child out to others as his own.

If any of these are true, a father will also have custody, decision-making, and other crucial rights over his biological child.

How to Establish Paternity in Texas

If the requisite facts do not exist to establish a presumption of paternity, a biological father will still have two primary ways to obtain parental rights under Texas law. Let’s discuss these two methods.

Acknowledgment of Paternity

The first method is referred to as voluntary Acknowledgment of Paternity (AOP). This refers to a formal record signed by both the child’s mother and father with the intent to establish the father’s paternity. An AOP is often the simplest and least contentious way for a biological father to establish paternity.

Suit to Adjudicate Parentage

However, it’s important to note that both parties may not always agree to sign an Acknowledgment of Paternity. Thus, the previous option will not be possible in all cases.

If the child’s mother does not agree to acknowledge paternity, the father may instead need to file a lawsuit to adjudicate parentage. This enables him to obtain a court order to establish custody, visitation, decision-making, and other legal parental rights. Doing so frequently requires DNA testing and other evidence to support the paternity claim.

Questions About Father Rights in Texas?

If you have questions about establishing your rights as a father in Texas, The Larson Law Office is here to help you get the answers you need.

Husband and wife team Erik and Diana Larson have made it their mission to provide custom, quality representation to those facing some of the most difficult times in their lives. From start to finish, when you hire The Larson Law Office, that is precisely what you will get—Erik or Diana Larson. Contact us today to discuss your case and see how we can help you fight for your family and pursue your parental rights.

FAQs

Can a Father Sign Over His Rights in Texas?

Yes. A father can sign over or voluntarily relinquish his parental rights in Texas. To do so, 48 hours or more after the child’s birth, the father can sign an affidavit for voluntary relinquishment of parental rights. Note, however, that if the father has not first established his parental rights, he may not have any rights to relinquish.

How Can a Biological Father Establish Paternity If He Is Not Named on the Birth Certificate?

As stated, there are a couple of ways a biological father may establish paternity if he is not named on the child’s birth certificate. One option is to file an Acknowledgment of Paternity, which both parents must sign to affirm the biological father’s paternity. Another option is by order of the court, which may require obtaining DNA testing results to confirm that the father is, in fact, the child’s biological father.

How Long Does a Father Have to Establish Paternity in Texas?

Typically, there is no specific timeframe in which a father must establish paternity. Thus, a father may seek to establish paternity over their biological child at any point after their birth. However, an exception exists where another individual is already a presumed father of the child. In this case, the biological father would have up to four years after the birth of the child to contest paternity and establish himself as the child’s legal father.

Does the Biological Father Have Rights If He Is Not on the Birth Certificate?