Texas Acknowledgment of Paternity (AOP): Signing, Filing, and Rescission

In Texas, unmarried parents make the father a legal parent by completing a Texas Acknowledgment of Paternity with a state-certified entity, who then files the signed form with the Texas Vital Statistics Unit. Once filed, the AOP has the same legal effect as a court order of paternity, and the state charges no fee to file it.¹ Both parents sign in person with a trained staff member, though remote signing through DocuSign is now available for parents who cannot meet in the same place.

What Signing the AOP Actually Does

A filed AOP makes the biological father the child’s legal father with all the rights and duties of a parent.¹ His name goes on the birth certificate, and the child gains inheritance rights from his side of the family.

What the AOP does not do is set up custody, visitation, or child support. Those require a separate court order, and until one is entered the mother remains the child’s sole managing conservator by default. The AOP is the prerequisite step that lets either parent ask a court for those orders later.²

When the Mother Was Married to Someone Else

If the mother was married when the child was born, or within 300 days of a divorce, Texas law presumes her husband or ex-husband is the father. An AOP by itself cannot displace that presumption. The presumed father must also sign the Denial of Paternity (DOP) section of the same form, swearing he is not the biological father, and the AOP and DOP must be filed together.³ The form becomes a three-party document: mother, biological father, and presumed father.

If the presumed father won’t sign the DOP, the AOP route closes and the biological father has to establish paternity through a court case, which usually involves genetic testing.

What to Bring to the Signing

Both parents should arrive with:

A valid government-issued photo ID (driver’s license, passport, or similar).
Full legal names and dates of birth for both parents.
Social Security numbers. The form has an SSN field for each signer, but a parent may request that the number be withheld from the printed document.⁴
The child’s full name, date of birth, and place of birth. The Vital Statistics Unit only accepts AOPs for children born in Texas.

Both parents sign under penalty of perjury. The form asks whether the child has a presumed father, whether anyone else has previously signed an AOP for this child, whether a court has already adjudicated paternity, and whether genetic testing has been done. If testing was done, the form must confirm the results identify the man signing as the father. Staff will walk you through each question, but having your documents ready shortens the appointment.

Where to Sign

The AOP is not a form you download and notarize on your own. It has to be completed through an AOP-certified entity trained and authorized by the Texas Office of the Attorney General.³ The three most common places to find one:

Birthing hospitals. Staff routinely offer the AOP before discharge, and this is the fastest option because the child’s birth information is already at hand.
Local birth registrars in county offices, for parents who missed the hospital window.
Attorney General Child Support Division regional offices.

The Attorney General’s website has an address-based search tool that lists certified entities near you.⁵ At the appointment, staff verify identities, explain the legal consequences of signing, and witness the signatures. Their own certification signature is what turns the form into a binding legal document; without it, the state will not accept it.

If You Can’t Be in the Same Place

Parents don’t always live in the same city, and the Attorney General’s office accommodates that. If one parent is incarcerated, on military deployment, or simply far away, a certified entity can arrange for each parent to sign at different times, dates, or locations.³ AOPs can also be completed through DocuSign in coordination with a certified entity.

To start a remote or DocuSign process, submit a request through the Attorney General’s online portal or call the AOP Hotline at (866) 255-2006. The hotline can also connect an incarcerated parent with a certified entity that serves their facility.

Filing, Fees, and Timing

The certified entity handles filing in most cases, submitting the form electronically or mailing it to the Vital Statistics Unit in Austin. Parents typically do not file anything themselves. The state cannot charge a filing fee for an AOP, a DOP, or a rescission.⁶

The AOP takes legal effect on the child’s date of birth or the date it is filed with the Vital Statistics Unit, whichever is later.⁷ Full processing varies; some local registrars estimate up to three months. If you need proof of paternity before the birth certificate is updated, ask the certified entity for documentation that the AOP was signed and submitted.

Updating the birth certificate is a separate cost. The state charges $25 to correct a birth record by adding or replacing a parent, and each certified copy of the corrected record is $22.⁸ Budget at least $47 for the amendment plus one certified copy, and order extras if you’ll need them for school enrollment, insurance, or a passport.

Changing Your Mind — the 60-Day Rescission

Either signer can undo an AOP by filing a rescission with the Vital Statistics Unit, but the window is narrow. The rescission has to be filed before the earlier of two dates: 60 days after the AOP’s effective date, or the day any court proceeding involving the child begins, including a child support case.⁹ If a court case starts on day 30, the rescission right ends on day 30.

Send the rescission form to the Vital Statistics Unit at P.O. Box 12040, Austin, TX 78711-2040. There is no fee.⁶ A valid rescission voids the legal relationship the AOP created, though any affected party, including the state child support agency, can contest it by filing a parentage case in court.

Undoing the AOP After 60 Days

Once the 60-day window closes, the AOP is much harder to unwind. A later challenge requires a lawsuit, and Section 160.308 of the Texas Family Code limits the grounds to fraud, duress, or a material mistake of fact.¹ A material mistake of fact usually means something fundamental was wrong at signing, such as the mother misrepresenting her marital status and concealing a presumed father who should have signed a DOP. Changing your mind later, or developing doubts about paternity after the fact, does not qualify.

A successful challenge typically requires clear evidence and often court-ordered genetic testing. Because the procedural rules and deadlines are strict, and a misstep can permanently close the option, talk to a family law attorney before filing.

1
State of Texas. Texas Family Code Section 160-305 – Effect of Acknowledgment or Denial of Paternity
2
Office of the Attorney General. Paternity, Child Support and You
3
Office of the Attorney General. Acknowledgment of Paternity (AOP)
4
Texas Department of State Health Services. AOP Registration User Guide
5
Office of the Attorney General. Find an AOP Certified Entity
6
State of Texas. Texas Family Code FAM 160-306 – Filing Fee Not Required
7
State of Texas. Texas Family Code FAM 160-304 – Rules for Acknowledgment and Denial of Paternity
8
Texas Department of State Health Services. Costs and Fees
9
State of Texas. Texas Family Code FAM 160-307 – Procedures for Rescission