How to Complete and File Texas VS-158: Rescission of Acknowledgment of Paternity

To file a Texas VS-158 rescission of Acknowledgment of Paternity, you must complete the form with an AOP-certified entity, mail copies by certified mail to the other people who signed the original acknowledgment, and send the original to the Vital Statistics Section in Austin — all before the 60th day after the acknowledgment took effect, or before any court case involving the child begins, whichever comes first.¹

Who Can File and When the Clock Runs Out

Only a person who personally signed the original Acknowledgment of Paternity or Denial of Paternity can file VS-158. Witnesses and relatives who did not sign cannot use the form.

The 60 days run from the acknowledgment’s effective date, not the signing date. Under Texas law, an AOP takes effect on the child’s date of birth or the date it is filed with the Vital Statistics Unit, whichever is later.² If you signed at the hospital the day your child was born and the form was filed that same week, the clock likely started on the birth date. If the filing happened later, the clock started on the filing date. Miscounting can cost you the right to rescind.

The window closes even sooner if a court proceeding involving the child begins first. Any case where you are a party that touches parentage or support — including a child support enforcement action — ends the rescission option on the date the proceeding is initiated.¹ If you know the other parent or the state child support agency is heading to court, do not wait.

Get the Form Completed by a Certified Entity

You cannot fill out VS-158 on your own and mail it in. The form requires a Certified Entity Code, a unique identifier assigned to entities trained by the Texas Attorney General’s Office to handle paternity documents.³ Without that code, the Vital Statistics Unit will reject the form as incomplete.⁴ A notary cannot substitute.

Certified entities include hospitals, local birth registrars, and child support offices. The easiest way to find one nearby is the AOP Hotline at (866) 255-2006.³ You can also return to the hospital or office where you signed the original AOP. Out-of-state signatories can be helped over the phone through the hotline.

What to Bring to the Appointment

Have this information ready before you meet with the certified entity:

The child’s full legal name as it appears on the current birth certificate, date of birth, and city or county of birth.
Your full legal name, current mailing address, and Social Security number.
The full legal name and last known mailing address of the other person who signed the original AOP, plus anyone who signed a related Denial of Paternity.
The exact date the original AOP was signed, so the Vital Statistics Unit can match the rescission to the correct record.

Every field must match the original filing. If the child’s name was misspelled on the AOP and that spelling carried through to the birth certificate, use the name exactly as it appears on the birth certificate. Mismatches cause processing delays.

Mail Copies to the Other Signatories First

This is the step most people miss, and it will sink your filing. Before you send VS-158 to the state, you must mail a completed copy to every other person who signed the original AOP and any related Denial of Paternity. The mailing must go by certified or registered mail with return receipt requested.¹

On the form itself, you declare under penalty of perjury that you sent those copies. If either signatory receives services from the Texas Title IV-D child support agency, you must also send a copy to that agency by certified or registered mail.¹ Keep the certified mail receipts and return receipt cards. They are your proof of compliance if the rescission is later contested.

Where to Send the Completed Form

After the certified entity completes the form and adds their code, and after you have mailed copies to the other signatories, send the original VS-158 to:

Department of State Health Services
Vital Statistics Section
P.O. Box 12040
Austin, TX 78711-2040⁵

There is no filing fee for the rescission itself. Any related payment (for example, a corrected birth certificate later) should be made payable to DSHS – Vital Statistics.⁵

What Happens After the Rescission Is Accepted

When the Vital Statistics Unit receives a completed rescission, it voids the original Acknowledgment or Denial of Paternity and amends the child’s birth record if appropriate.¹ Once the AOP is voided, the man named in it no longer has the parental rights and duties the acknowledgment conferred.⁶ Any affected party, including the other parent or the child support agency, can contest the rescission by filing a court proceeding to establish parentage.

Correcting the Birth Certificate

Voiding the AOP does not automatically produce a new birth certificate. To remove the father’s name from the record, file a separate Birth Certificate Correction Application (Form VS-170) with the Vital Statistics Section. That application requires a parent’s signature in front of a notary and a copy of the signed VS-158.⁷ After removal, the former parent is no longer a qualified applicant to request a certified copy of the corrected record.

Changing the Child’s Surname

If the child’s last name was changed to match the acknowledged father’s surname, rescission alone does not reverse it. A legal name change requires a separate court petition filed in the district clerk’s office in the county where the child lives. A judge approves the change only after finding it in the child’s best interest, and if the child is 10 or older, the child’s written consent is required.⁸

If the 60 Days Have Already Passed

VS-158 cannot help after the rescission window closes. The only remaining path is a court proceeding, and the grounds are narrow: a signatory can challenge the AOP only by proving fraud, duress, or material mistake of fact. Genetic testing results showing the signatory is not the biological father qualify as a material mistake of fact, and the person bringing the challenge carries the burden of proof.⁹

One further cutoff is absolute: once a court has issued any order affecting the child, including a child support order, no collateral attack on the AOP is allowed.⁹ If you have doubts and the 60 days have passed, act before any order involving the child is entered.

1
State of Texas. Texas Family Code 160.307 – Procedures for Rescission
2
State of Texas. Texas Family Code 160.304 – Rules for Acknowledgment and Denial of Paternity
3
Texas Office of the Attorney General. Acknowledgment of Paternity (AOP)
4
Texas Office of the Attorney General. VS-158 Texas Rescission of Acknowledgment of Paternity Form
5
Centers for Disease Control and Prevention. Where to Write for Vital Records – Texas
6
State of Texas. Texas Family Code 160.305 – Effect of Acknowledgment or Denial of Paternity
7
Texas DSHS. Birth Certificate Correction Application
8
Texas State Law Library. Children – Name Changes in Texas
9
State of Texas. Texas Family Code FAM 160.308 – Challenge After Expiration of Period for Rescission