Presumed father means a man who, as described below, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding or by an agreed Acknowledgment of Paternity signed by the child’s mother, father, and presumed father, that included the denial that the presumed father was the child’s father and was filed with the Vital Statistics Unit.
Generally, a man is presumed to be the father if the child was born or conceived during the marriage. More specifically, a man is a presumed father if:
- he is married to the mother of the child and the child is born during the marriage;
- 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;
- 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;
- 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:
- the assertion is in a record filed with the vital statistics unit;
- he is voluntarily named as the child’s father on the child’s birth certificate; or
- he promised in a record to support the child as his own; or
- 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.
A presumption of paternity established under this section may be rebutted only by:
- an adjudication under a court proceeding to adjudicate parentage (see Subchapter G of the Texas Family Code); or
- 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 Texas Family Code Section 160.305.