Texas Notice Of Intent To Claim Paternity Page 2
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2IMPORTANT INFORMATION CONCERNING
NOTICE OF INTENT TO CLAIM PATERNITY
BACKGROUND AND PURPOSE
th
HB1091, 75
Legislative session amended Section 160, Texas Family Code, creating a Paternity Registry in the Vital Statistics,
Texas Department of State Health Services. The purpose of the registry is to permit a man alleging to be the biological father of
a child to assert his parentage, independent of the mother, and preserve his right as a parent. This registry also may expedite
adoptions of children whose biological fathers are unwilling to assume responsibility of their child.
A man is not required to register with the paternity registry if he is presumed to be the biological father.
Presumptions under the Family Code include:
1.
Man and biological mother are married to each other and the child was born during wedlock or within 300 days after the
marriage was terminated;
2.
Before the birth of the child, man and biological mother attempted to marry in compliance with law but the marriage is or
was void and the child was born within 300 days of when the attempted marriage terminated;
3.
After the birth, the man and biological mother married or attempted to marry, he voluntarily asserted his paternity of the
child, and:
a.
The assertion is in a record filed with the Texas Vital Statistics;
b.
He is voluntarily named as the child’s father on the child’s birth certificate; or
c.
Is obligated to support the child by written promise or court order.
INFORMATION
•
st
This notice of intent to claim paternity must be filed before the birth of the child or not later than the 31
day after the
date of birth of the child.
•
The Texas Vital Statistics will send a copy of the notice of the registration to a mother named on a notice of intent to
claim paternity form.
•
The information in this form is admissible in court proceedings.
•
Service to assist in establishing paternity can be obtained through the Office of the Attorney General, Child
Support Division, or by hiring an attorney.
•
If the conception or birth of the child occurred in another state, a man should also register with the registry of
paternity in that other state.
•
Information on registries in other states is available from the Texas Vital Statistics.
•
st
A man who fails to file a notice of intent to claim paternity by the 31
day after the date of birth of the child may not
assert an interest in the child other than by filling a suit to establish paternity before the termination of a man’s paternal
rights.
•
A man who files a notice of intent to claim paternity must promptly notify the registry in writing of any change in
information including a change of address.
•
A man may rescind the notice of intent at any time by sending the registry a written statement signed and
witnessed or notarized either stating to the best of the man’s knowledge and belief that he is not the father or
that a court has adjudicated another person to be the father of the child.
•
The registry address:
Paternity Registry
Vital Statistics Unit - 1966
Texas Department of State Health Services
P.O. Box 149347
Austin, Texas 78714-9347
Toll Free #: (888) 963-7111 Ext. 7782
Fax #: (512) 458-7164
•
Information in the registry is confidential and may only be released to certain individuals or entities.
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