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For decades, claims regarding paternity largely boiled down to who could argue the most persuasive case in court. Today, that is not the case. With the introduction of blood and DNA tests, science allows paternity to be determined with virtually 100 percent accuracy. The result can mean a decisive victory for men who have been denied their parental rights, and for women who have been unable to collect financial support from biological fathers who denied parentage. Legally determining the father is not as difficult as it used to be. In courts in Texas, proof of paternity is the only thing that will allow a court order to require a parent to pay child support. For many reasons, a consultation with an Austin, Dallas, Fort Worth, Granbury, or Plano paternity lawyer is an important step for parents.
Even with scientific tests proving paternity, answering the question, “Who is the father?” is not always straightforward. In court, paternity will be acknowledged, presumed, or adjudicated. A father is presumed the parent if the parties are married at the time the child is born or if the father consented to be listed on the child’s birth certificate. A presumed father is assumed to be the father unless he or the mother proves otherwise in court. An adjudicated, presumed, or acknowledged father is legal obligated to support his children financially.
Texas Family Code provides very specific conditions that create a presumption of paternity, including the following:
None of these conditions applies to a private sperm donor who enters into a contract that ends the father/child relationship beyond the point of donation.
The law adds additional complications to the question of accepting or denying paternity. Texas Assisted Reproduction statutes differ from the statutes in other states. As an example, Texas laws (Tex Fam Code Secs. 160.751 – 160.763) have their own complexities that affect the rights of sperm donors or even married couples who use a sperm donor to add children to their families. As an example, a gestational agreement is only valid if a court enters an order validating the agreement (Tex Fam Code Sec 160.756 (c)). Thus, it’s important to consult with a Dallas paternity lawyer to fully understand the laws and rights awarded to biological fathers.
If you have questions about your rights as a mother or father, contact us online or call us for a consultation. Goranson Bain Ausley has five office locations in Texas: Austin, Dallas, Fort Worth, Granbury, and Plano. A knowledgeable Goranson Bain Ausley paternity lawyer is available to answer all of your questions and to begin developing a legal strategy during your initial consultation. We look forward to hearing from you and helping you and your family.
Partner Ryan Bauerle answers some of the most common questions men are asking about their paternity rights in Texas.
Goranson Bain Ausley is strengthening its presence in Fort Worth with the addition of Cassidy Pearson to our roster of experienced family law attorneys.
Get Started Online
Save time and costs. Before your consultation, use our confidential online questionnaire to receive a personalized information pack in minutes.
Schedule a Consultation
Schedule an in-person or remote consultation with one of our experienced family lawyers by calling us or filling out the “contact us” form.