Sec. 160.302. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a) An acknowledgment of paternity must:
(1) be in a record;
(2) be signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity;
(3) state that the child whose paternity is being acknowledged:
(A) does not have a presumed father or has a presumed father whose full name is stated; and
(B) does not have another acknowledged or adjudicated father;
(4) state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5) state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances.
(b) An acknowledgment of paternity is void if it:
(1) states that another man is a presumed father of the child, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the vital statistics unit;
(2) states that another man is an acknowledged or adjudicated father of the child; or
(3) falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
(d) An acknowledgment of paternity constitutes an affidavit under Section 666(a)(5)(C), Social Security Act (42 U.S.C. Section 666(a)(5)(C)).
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.056, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 7, eff. September 1, 2015.
Notes of Decisions
in the Interest of O. R. M., Jr., M. M. & O. M., Child., 559 S.W.3d 738 (Tex. App. 2018).
“” See TEX.FAM.CODE ANN. §160.302 (West 2014). It requires that an acknowledgement of paternity (1) be in a record; (2) be signed or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity; (3) state that the child whose…”
Turk v. Mangum, 268 F. Supp. 3d 928 (S.D. Tex. 2017).
“Turk’s affidavit is insufficient under Texas Family Code §§ 160.302 and 160,305’s requirements.”
In Re Off. of Attorney Gen. of Tex., 272 S.W.3d 773 (Tex. App. 2008).
“3d at 270 ; see also Tex. Fam.Code Ann. § 160.302 (setting forth the requirements of an acknowledgment of paternity).”
in Re the Dallas Grp. of Am., Inc. & Action Pers., Inc., 434 S.W.3d 647 (Tex. App. 2014).
“Tex. Fam.Code Ann. § 160.302(a). With exceptions not relevant here, “a valid acknowledgment of paternity filed with the bureau of vital statistics is the equivalent of an adjudication of the paternity of a child.”
in the Interest of A.M.S., a Child (Tex. App. 2021).
“308(d); (2) the AOP was forged by Leedy, reflects inaccurate information, and was not signed before a notary; and (3) there is a material mistake of fact based on genetic testing, proving he has a 0.”
— Tex. Fam. Code § 160.302(a) — 5 cases
in Re the Dallas Grp. of Am., Inc. & Action Pers., Inc., 434 S.W.3d 647 (Tex. App. 2014).
“Tex. Fam.Code Ann. § 160.302(a). With exceptions not relevant here, “a valid acknowledgment of paternity filed with the bureau of vital statistics is the equivalent of an adjudication of the paternity of a child.”
in the Interest of A.M.S., a Child (Tex. App. 2021).
“308(d); (2) the AOP was forged by Leedy, reflects inaccurate information, and was not signed before a notary; and (3) there is a material mistake of fact based on genetic testing, proving he has a 0.”
— Tex. Fam. Code § 160.302(a)(1) — 1 case
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