Your Guide to Acknowledgment of Paternity (AOP) in Texas

Are you an unmarried parent (or soon-to-be parent) in Texas? If so, the man in the relationship must proactively establish paternity in order to have any rights or responsibilities in regards to the child. The most straightforward way to do so is by completing a form called an Acknowledgment of Paternity (AOP). It is an important document and it should not be signed until you have a full understanding of the implications. In this article, our Houston paternity attorney provides a comprehensive overview of the key things to know about Acknowledgment of Paternity in Texas.

Acknowledgment of Paternity: Legal Definition

In Texas, when a child is born to unmarried parents, the biological father is not automatically recognized as the legal father. To establish legal paternity, both parents can sign a form called the Acknowledgment of Paternity (AOP). It is a legal document that states who the child’s father is. Once completed and filed with the Texas Vital Statistics Unit, the father’s name is added to the child’s birth certificate. He gains both parental rights and parental responsibilities—from the right to seek child custody to the obligation to pay child support.

Note: This is not true for married couples. A married man is automatically assumed to have paternity rights/responsibilities for his wife’s child.

When and Where Do Parents in Houston Actually Sign the AOP?

Parents can sign an AOP at the hospital when the baby is born. Indeed, this is the most common time for parents to complete the AOP. Many hospitals have AOP-certified staff who can assist with the process. However, if it is not completed at the hospital, you can still sign it later at an AOP-certified entity, such as a local child support office, the Texas Office of the Attorney General, or a county registrar’s office.

Key Point: Both parents must sign the form voluntarily. An AOP is only valid in Texas if it is properly signed by both the mother and the father.

Why Signing an AOP is So Important

Signing an AOP is the simplest way to establish legal paternity without going to court. It helps clarify the rights and duties of both parents and gives the child important benefits, including things like financial support, medical insurance eligibility, and access to the father’s inheritance or benefits (such as Social Security). Without an AOP or court order, the father may not have any legal say in decisions about the child, even if he is involved in the child’s life. For mothers, it can help ensure child support is legally enforceable if needed.

AOP is Revocable (But Only for 60 Days)

In Texas, either parent can rescind (cancel) the AOP within 60 days of signing it. After that, changing it requires going to court and proving that the AOP was signed under fraud, duress, or mistake. In other words, an AOP is a serious legal document. After 60 days, it will be legally binding. If there are any questions about parentage of the child, that should be dealt with before the AOP is signed.

Speak to Our Houston, TX Paternity Lawyer Today

At Lindamood & Robinson, P.C., our Houston paternity lawyer is committed to providing solutions-focused advocacy to clients. If you have any questions or concerns about paternity, we are here to help. Contact us today for a fully confidential, no obligation initial consultation. We handle the full range of paternity cases in Houston and throughout all of Southeast Texas.

Source:

texasattorneygeneral.gov/child-support/paternity/acknowledgment-paternity-aop