Rescinding or Challenging your Acknowledgment or Denial of Paternity

You may rescind or take back an Acknowledgment of Paternity (AOP) or Denial of Paternity (DOP) by filing a Rescission of Acknowledgment of Paternity form with the Texas Vital Statistics Unit (VSU). However, this form must be filed:

• before the 60^th day after the effective date* of the AOP or DOP,
  AND
• before a court case about the child is initiated.

*An Acknowledgment of Paternity or Denial of Paternity takes effect on the day the child is born or the day the document is filed with the Texas Vital Statistics Unit, whichever is later.

Find out where to go to fill out the Rescission of Acknowledgment of Paternity form by contacting:

• the hospital or office where you signed the Acknowledgment or Denial of Paternity,
  or
• the Attorney General’s Office at 1-866-255-2006.

For more information about rescinding an Acknowledgment or Denial of Paternity:

• click here to read Texas Paternity Law: Frequently Asked Questions,
  or
• contact the Office of the Attorney General at 1-866-255-2006 or online at www.oag.state.tx.us/cs/index.shtml.

You may be able to challenge your Acknowledgment of Paternity or Denial of Paternity after the time period for rescission (described above) has expired, but only if:

• you signed the Acknowledgment or Denial based on fraud, duress or material mistake of fact,
  AND
• you file a Petition to Challenge Acknowledgement of Paternity before a court order about the child is made.

FORMS for Challenging an AOP or DOP

The following forms may be used to file or respond to a case challenging an Acknowledgment or Denial of Paternity. You may need one or more of the forms depending on the circumstances and your role in the case. You may need additional forms depending on your case. Read Texas Paternity Law: Frequently Asked Questions first. Talk to a lawyer before you file anything.

Forms filed by the Petitioner

• Petition to Challenge Acknowledgment of Paternity
• Petition Exhibit – Out-of-State Parent Affidavit (only if you or another person named as a party in your case live outside of Texas)
• Motion for Genetic Testing (only if you’re asking the court to order genetic testing)

Forms filed by other person or persons involved in the case

• Waiver of Service or Answer
• Motion for Genetic Testing (only if a Respondent is asking the court to order genetic testing)

Order form to be filled out for the Judge to sign

• Order Adjudicating Parentage
• Order on Motion for Genetic Testing (only if the court orders genetic testing)

9/5/2012