Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 160. UNIFORM PARENTAGE ACT
Texas Codes

Tex. Fam. Code § 160.204 (2026)

Presumption Of Paternity

✓ current as of May 2026
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Sec. 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:

(1) he is married to the mother of the child and the child is born during the marriage;

(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:

(A) the assertion is in a record filed with the vital statistics unit;

(B) he is voluntarily named as the child's father on the child's birth certificate; or

(C) he promised in a record to support the child as his own; or

(5) during the first two years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

(b) A presumption of paternity established under this section may be rebutted only by:

(1) an adjudication under Subchapter G; or

(2) the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.

Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 10, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.055, eff. April 2, 2015.

SUBCHAPTER D. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY


Notes of Decisions
Cited in 67 cases (13 in the last 5 years), 2003–2026 · leading case: In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008).
Sort: Relevance Newest Treatment
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008). · cites it 3× “Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 2× “”); 13 _______________________ Tex. Fam. Code Ann. § 160.204 (a)(1) (West 2012) (“A man is presumed to be the father of a child if .”
In the Interest of Baby Boy R., 191 S.W.3d 916 (Tex. App. 2006). “See Tex. Fam. Code Ann. § 160.204 (a) (Vernon Supp.”
Gonzalez v. Gonzalez, 331 S.W.3d 864 (Tex. App. 2011). “See Tex. Fam.Code Ann. § 160.204(a)(1) (West 2008) (“A man is presumed to be the father of a child if he is married to the mother of the child and the child is born during the marriage.”
In the Interest of S.C.L., 175 S.W.3d 555 (Tex. App. 2005). · cites it 4× “See Tex. Fam.Code Ann. § 160.204(a)(1) (Vernon Supp.”
In the Interest of Shockley, 123 S.W.3d 642 (Tex. App. 2003). “See Tex.Fam.Code Ann. § 160.204 (limiting the presumptions of paternity to those related to marriage).”
in the Interest of O. R. M., Jr., M. M. & O. M., Child., 559 S.W.3d 738 (Tex. App. 2018). “TEX.FAM.CODE ANN. § 160.201(b)(1). Under Section 160.”
In Re Narvaiz, 193 S.W.3d 695 (Tex. App. 2006). · cites it 2× “See Tex. Fam.Code Ann. § 160.102(11), and (13) (Vernon 2002); Tex.”
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App. 2005). “Tex. Fam.Code Ann. § 160.204(a)(1) (a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage).”
In the Interest of J.H., 264 S.W.3d 919 (Tex. App. 2008). · cites it 2× “Tex. Fam.Code Ann. § 160.204(a)(2) (Vernon Supp.”
in the Interest of K.M.T., a Child, 415 S.W.3d 573 (Tex. App. 2013). “Tex Fam.Code Ann. § 160.204(a)(1) (West 2008) (A man is presumed to be the father of a child if "he is married to the mother of the child and the child is born during the marriage.”
In the Interest of C.J., 392 S.W.3d 763 (Tex. App. 2012). · cites it 2× “Tex. Fam.Code Ann. § 160.204(a). Discussion On appeal, Father contends that he and Mother had C “together while [they] were common law married.”
Show all 67 citing cases →
— Tex. Fam. Code § 160.204(1) — 1 case
Jennifer Marie Detillier v. Amber Rachel Smith (Tex. App. 2024).
— Tex. Fam. Code § 160.204(5) — 1 case
In Re Narvaiz, 193 S.W.3d 695 (Tex. App. 2006). “See Tex. Fam.Code Ann. § 160.102(11), and (13) (Vernon 2002); Tex.”
— Tex. Fam. Code § 160.204(a) — 9 cases
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008). “Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
In the Interest of C.J., 392 S.W.3d 763 (Tex. App. 2012). “Tex. Fam.Code Ann. § 160.204(a). Discussion On appeal, Father contends that he and Mother had C “together while [they] were common law married.”
Gomez v. Gomez, 327 S.W.3d 189 (Tex. App. 2010).
Noe Garza & Noe Garza Engineers, Inc. v. Joe Carmona & Celina Carmona (Tex. App. 2011).
in the Interest of J.E.P., a Child (Tex. App. 2018).
— Tex. Fam. Code § 160.204(a)(1) — 15 cases
Gonzalez v. Gonzalez, 331 S.W.3d 864 (Tex. App. 2011). “See Tex. Fam.Code Ann. § 160.204(a)(1) (West 2008) (“A man is presumed to be the father of a child if he is married to the mother of the child and the child is born during the marriage.”
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008). “Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
in the Interest of O. R. M., Jr., M. M. & O. M., Child., 559 S.W.3d 738 (Tex. App. 2018). “TEX.FAM.CODE ANN. § 160.201(b)(1). Under Section 160.”
Dickerson v. Doyle, 170 S.W.3d 713 (Tex. App. 2005). “Tex. Fam.Code Ann. § 160.204(a)(1) (a man is presumed to be the father of a child if he is married to the mother and the child is born during the marriage).”
In the Interest of S.C.L., 175 S.W.3d 555 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 160.204(a)(1) (Vernon Supp.”
— Tex. Fam. Code § 160.204(a)(2) — 4 cases
In the Interest of J.H., 264 S.W.3d 919 (Tex. App. 2008). “Tex. Fam.Code Ann. § 160.204(a)(2) (Vernon Supp.”
Lorena Quiroz v. Rummie Lee Gray, II, 441 S.W.3d 588 (Tex. App. 2014).
In Re Jh, 264 S.W.3d 919 (Tex. App. 2008).
Roberto Antonio Ortiz v. Juana Leticia Hernandez (Tex. App. 2012).
— Tex. Fam. Code § 160.204(a)(4)(A) — 1 case
DeBoer v. DeBoer, 822 N.W.2d 730 (S.D. 2012).
— Tex. Fam. Code § 160.204(a)(5) — 5 cases
Jerry L. Berwick v. Richard T. Wagner, 509 S.W.3d 411 (Tex. App. 2014).
in the Interest of K.C.L. & M.W.L., Child. (Tex. App. 2019).
in the Interest of E.H.G, a Child (Tex. App. 2016).
In Re N.A. v. the State of Texas (Tex. App. 2024).
In Re E.R.F. v. the State of Texas (2026).
— Tex. Fam. Code § 160.204(b) — 8 cases
In Re Rodriguez, 248 S.W.3d 444 (Tex. App. 2008). “Tex. Fam.Code Ann. § 160.204(a) (Vernon Supp.”
In the Interest of S.C.L., 175 S.W.3d 555 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 160.204(a)(1) (Vernon Supp.”
In Re Scl, 175 S.W.3d 555 (Tex. App. 2005).
in the Interest of J.E.P., a Child (Tex. App. 2018).
in the Interest of K.C.L. & M.W.L., Child. (Tex. App. 2019).
— Tex. Fam. Code § 160.204(b)(1)(2) — 1 case
in the Interest of D. A. A-B., a Child (Tex. App. 2022).
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