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 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
Texas Codes

Tex. Fam. Code § 161.002 (2026)

Termination Of The Rights Of An Alleged Biological Father

✓ current as of May 2026
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Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED BIOLOGICAL FATHER. (a) Except as otherwise provided by this section, the procedural and substantive standards for termination of parental rights apply to the termination of the rights of an alleged father.

(b) The rights of an alleged father may be terminated if:

(1) after being served with citation, he does not respond by timely filing an admission of paternity or a counterclaim for paternity under Chapter 160;

(2) the child is over one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed, he has not registered with the paternity registry under Chapter 160, and after the exercise of due diligence by the petitioner:

(A) his identity and location are unknown; or

(B) his identity is known but he cannot be located;

(3) the child is under one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed and he has not registered with the paternity registry under Chapter 160; or

(4) he has registered with the paternity registry under Chapter 160, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner.

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(2), eff. April 2, 2015.

(c-1) The termination of the rights of an alleged father under Subsection (b)(2) or (3) rendered on or after January 1, 2008, does not require personal service of citation or citation by publication on the alleged father, and there is no requirement to identify or locate an alleged father who has not registered with the paternity registry under Chapter 160.

(d) The termination of rights of an alleged father under Subsection (b)(4) does not require service of citation by publication on the alleged father.

(e) The court shall not render an order terminating parental rights under Subsection (b)(2) or (3) unless the court receives evidence of a certificate of the results of a search of the paternity registry under Chapter 160 from the vital statistics unit indicating that no man has registered the intent to claim paternity.

(f) The court shall not render an order terminating parental rights under Subsection (b)(4) unless the court, after reviewing the petitioner's sworn affidavit describing the petitioner's effort to obtain personal service of citation on the alleged father and considering any evidence submitted by the attorney ad litem for the alleged father, has found that the petitioner exercised due diligence in attempting to obtain service on the alleged father. The order shall contain specific findings regarding the exercise of due diligence of the petitioner.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 66, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.16, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1090, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 4, eff. September 1, 2007.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.079, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(2), eff. April 2, 2015.

Notes of Decisions
Cited in 133 cases (34 in the last 5 years), 1997–2026 · leading case: In the Interest of S.J.R.-Z., 537 S.W.3d 677 (Tex. App. 2017).
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In the Interest of S.J.R.-Z., 537 S.W.3d 677 (Tex. App. 2017). · cites it 3× “See Tex. Fam. Code Ann. § 161.002 (b)(1); Phillips v.”
Toliver v. Texas Dep't of Fam. & Prot. Servs., 217 S.W.3d 85 (Tex. App. 2006). · cites it 2× “See Tex. Fam.Code Ann. § 161.002(b)(1). He asserts that DFPS should have been required to seek termination on other grounds in section 161.”
in the Interest of P. RJ E., 499 S.W.3d 571 (Tex. App. 2016). · cites it 3× “The Family Code allows a trial court to terminate the parental rights of an unspecified “alleged father” if “the child is under *576 one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed and he has not registered with…”
in the Interest of Baby Girl S., a Child, 407 S.W.3d 904 (Tex. App. 2013). · cites it 6× “Tex. Fam. Code Ann. § 161.002 (b)(3). In this instance, the alleged father does not have to be served personally or by publication nor is there any requirement to identify or locate him if he has not registered.”
In Re M.J.M.G., 543 S.W.3d 862 (Tex. App. 2017). · cites it 5× “failed to file an admission of paternity or counterclaim for paternity under Chapter 160 of the Texas Family Code, see TEX. FAM. CODE ANN. § 161.002(b)(1) ; and (2) V.”
in the Interest of G.M.G., a Child, 444 S.W.3d 46 (Tex. App. 2014). · cites it 2× “” Tex. Fam. Code § 161.002(a). This court has previously rejected a contention that the trial court is required to determine paternity before an alleged father is required to comply with Section 161.”
in the Interest of K.W., 138 S.W.3d 420 (Tex. App. 2004). · cites it 4× “See Tex. Fam. Code Ann. § 161.002 (e). However, we note that the trial court’s judgment recites that Charles' last known address is: P.”
Robinson v. Texas Dep't of Prot. & Regulatory Servs., 89 S.W.3d 679 (Tex. App. 2002). “See Tex. Fam.Code Ann. § 161.002 (Vernon Supp.”
in the Interest of M. L. L., a Child, 573 S.W.3d 353 (Tex. App. 2019). “See TEX.FAM.CODE ANN. § 161.002(b)(1). S.L. did not appeal.”
Edwards v. Texas Dep't of Prot. & Regulatory Servs., 946 S.W.2d 130 (Tex. App. 1997). “Tex.Fam.Code Ann. § 161.002(b)(Vemon 1996).”
In re Interest of D.C., 573 S.W.3d 860 (Tex. App. 2019). “See TEX.FAM.CODE ANN. § 161.002(b)(1) (authorizing summary termination of alleged biological father's parental rights if alleged father does not file an admission of paternity or by filing a counterclaim for paternity or for voluntary paternity before the final hearing in the…”
in the Interest of M.R. & W.M., Child., 243 S.W.3d 807 (Tex. App. 2007). “*816 Tex. Fam.Code Ann. § 161.002(b)(l)-(2) (Vernon Supp.”
Show all 133 citing cases →
— Tex. Fam. Code § 161.002(2) — 2 cases
in the Interest of K.A.D.K. & J.B.L.E., Child. (Tex. App. 2016).
in the Interest of J.T., J.T., J.T., & J.T., Child. (Tex. App. 2015).
— Tex. Fam. Code § 161.002(a) — 5 cases
in the Interest of G.M.G., a Child, 444 S.W.3d 46 (Tex. App. 2014). “” Tex. Fam. Code § 161.002(a). This court has previously rejected a contention that the trial court is required to determine paternity before an alleged father is required to comply with Section 161.”
in the Interest of M.M., a Child (Tex. App. 2020).
in the Interest of Z.F.S, a Child (Tex. App. 2021).
G. R. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2022).
In the Interest of Z.E., Child(ren) v. the State of Texas (Tex. App. 2023).
— Tex. Fam. Code § 161.002(b) — 21 cases
Edwards v. Texas Dep't of Prot. & Regulatory Servs., 946 S.W.2d 130 (Tex. App. 1997). “Tex.Fam.Code Ann. § 161.002(b)(Vemon 1996).”
in the Interest of C.M.C., C.E.C., G.L.C., 273 S.W.3d 862 (Tex. App. 2008).
in the Interest of K.W., 138 S.W.3d 420 (Tex. App. 2004). “See Tex. Fam. Code Ann. § 161.002 (e). However, we note that the trial court’s judgment recites that Charles' last known address is: P.”
in the Interest of D.M.F., a Child, 283 S.W.3d 124 (Tex. App. 2009).
In the Interest of K.C., 23 S.W.3d 604 (Tex. App. 2000).
— Tex. Fam. Code § 161.002(b)(1) — 40 cases
Toliver v. Texas Dep't of Fam. & Prot. Servs., 217 S.W.3d 85 (Tex. App. 2006). “See Tex. Fam.Code Ann. § 161.002(b)(1). He asserts that DFPS should have been required to seek termination on other grounds in section 161.”
In Re M.J.M.G., 543 S.W.3d 862 (Tex. App. 2017). “failed to file an admission of paternity or counterclaim for paternity under Chapter 160 of the Texas Family Code, see TEX. FAM. CODE ANN. § 161.002(b)(1) ; and (2) V.”
In the Interest of S.J.R.-Z., 537 S.W.3d 677 (Tex. App. 2017). “See Tex. Fam. Code Ann. § 161.002 (b)(1); Phillips v.”
in the Interest of M. L. L., a Child, 573 S.W.3d 353 (Tex. App. 2019). “See TEX.FAM.CODE ANN. § 161.002(b)(1). S.L. did not appeal.”
In re Interest of D.C., 573 S.W.3d 860 (Tex. App. 2019). “See TEX.FAM.CODE ANN. § 161.002(b)(1) (authorizing summary termination of alleged biological father's parental rights if alleged father does not file an admission of paternity or by filing a counterclaim for paternity or for voluntary paternity before the final hearing in the…”
— Tex. Fam. Code § 161.002(b)(1)(D) — 1 case
in the Interest of M.K., a Child (Tex. App. 2020).
— Tex. Fam. Code § 161.002(b)(1)(O) — 1 case
M. C. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2024).
— Tex. Fam. Code § 161.002(b)(2) — 7 cases
in the Interest of O. R. M., Jr., M. M. & O. M., Child., 559 S.W.3d 738 (Tex. App. 2018).
In the Interest of C.M.D., 287 S.W.3d 510 (Tex. App. 2009).
in the Interest of D.C., A.C. & H.M., 128 S.W.3d 707 (Tex. App. 2004).
In Re Cmd, 287 S.W.3d 510 (Tex. App. 2009).
In Re Dc, 128 S.W.3d 707 (Tex. App. 2004).
— Tex. Fam. Code § 161.002(b)(2)(A) — 3 cases
in the Interest of Baby Girl S., a Child, 407 S.W.3d 904 (Tex. App. 2013). “Tex. Fam. Code Ann. § 161.002 (b)(3). In this instance, the alleged father does not have to be served personally or by publication nor is there any requirement to identify or locate him if he has not registered.”
in the Interest of A.M.R., a Child (Tex. App. 2022).
J. G. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2023).
— Tex. Fam. Code § 161.002(b)(3) — 6 cases
in the Interest of Baby Girl S., a Child, 407 S.W.3d 904 (Tex. App. 2013). “Tex. Fam. Code Ann. § 161.002 (b)(3). In this instance, the alleged father does not have to be served personally or by publication nor is there any requirement to identify or locate him if he has not registered.”
in the Interest of P. RJ E. (Tex. App. 2016).
in the Interest of C.R.G., a Child (Tex. App. 2017).
in the Interest of C.R.G., a Child (Tex. App. 2017).
in Re: T.D.B. (Tex. App. 2018).
— Tex. Fam. Code § 161.002(b)(l) — 1 case
in the Interest of M.R. & W.M., Child., 243 S.W.3d 807 (Tex. App. 2007). “*816 Tex. Fam.Code Ann. § 161.002(b)(l)-(2) (Vernon Supp.”
— Tex. Fam. Code § 161.002(e) — 3 cases
in the Interest of Baby Girl S., a Child, 407 S.W.3d 904 (Tex. App. 2013). “Tex. Fam. Code Ann. § 161.002 (b)(3). In this instance, the alleged father does not have to be served personally or by publication nor is there any requirement to identify or locate him if he has not registered.”
In Re Kw, 138 S.W.3d 420 (Tex. App. 2004).
in the Interest of L.J., a Child (Tex. App. 2015).
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