How to Legally Rescind an Acknowledgment of Paternity (AOP) in Texas Before the 60-Day Deadline
Under Tex. Fam. Code § 160.307, you have exactly 60 days from the date an Acknowledgment of Paternity is filed to legally rescind it without needing a court hearing. To do this, you must submit a certified rescission form completed with an authorized entity directly to the Texas Vital Statistics Unit.
Signing an Acknowledgment of Paternity (AOP) at the hospital is a joyful and deeply emotional moment for many new fathers. However, life is unpredictable, and situations may arise where a man realizes he made a mistake, felt pressured, or was outright misled about the child's true parentage. In Texas, signing this form legally establishes you as the child's father. It instantly makes you responsible for child support and grants you potential custody and visitation rights. But what happens if you discover you are not the biological father shortly after signing the document?
Fortunately, Texas law provides a strict but clear window of opportunity to reverse this life-altering decision. Under state law, you can rescind (take back) your signature without engaging in a long, expensive court battle, provided you act immediately. Whether you live in Houston, Dallas, San Antonio, or Austin, understanding the strict 60-day rule is essential to protecting your legal and financial future. You can find experienced family lawyers in our directory who can assist you in filing the correct paperwork before time runs out.
Step-by-Step Process to Rescind an AOP in Texas
Time is your absolute biggest enemy when trying to rescind an Acknowledgment of Paternity. You must follow the administrative steps precisely before the deadline passes, as the state makes no exceptions for late filings.
Step 1: Obtain the Official Rescission Form
You cannot simply write a letter, send a text message, or verbally tell the mother you changed your mind. You must use the official Form VS-158, Texas, Department of State Health Services, Rescission of Acknowledgment of Paternity. Because this document is not available for public download, you must obtain it through an AOP-certified entity, such as an Office of the Attorney General child support office, a certified hospital coordinator, or a local registrar.
Step 2: Execute the Form with an AOP-Certified Entity
You cannot have this form notarized by an ordinary private notary. Texas regulations require the form to be executed through an AOP-certified entity who will verify your identity, witness your signature, and attach their mandatory Certified Entity Code. Without this official code, the rescission is legally invalid and will be rejected by the state.
Step 3: File with the Vital Statistics Unit
The completed form must be filed with the Texas Vital Statistics Unit, Austin. It must be received by the state before the 60-day window expires. It is highly recommended to send this via certified mail with a return receipt requested. This provides you with concrete, undeniable proof of the exact date the document was delivered to the state agency.
Understanding the 60-Day Deadline
Under Tex. Fam. Code § 160.307, a signatory may rescind an Acknowledgment of Paternity before the earlier of two specific events: 1) the 60th day after the effective date of the acknowledgment, or 2) the date a court proceeding relating to the child is initiated. This second point is crucial. If someone (like the mother or the state) files a lawsuit for child support or custody on day 30, your right to simply file a rescission form ends immediately. You must then address the paternity issue directly in court.
Teenagers Who Signed Under Pressure
It is not uncommon for young, unmarried men to sign an AOP in the delivery room due to immense pressure from the mother's family, his own family, or even well-meaning hospital staff. If you are a minor (under 18 years old) when you signed the AOP, the 60-day rule still applies to you exactly the same way it applies to an adult. The law does not give you extra time just because you were a teenager. If you signed under severe duress but miss the 60-day window, you will have to hire a lawyer and file a formal lawsuit to challenge the acknowledgment based on that duress.
Men Who Discovered Infidelity Post-Signing
Sometimes, a man signs the AOP in absolute good faith, only to discover text messages or hear confessions of infidelity a few weeks later. If you are still within the 60 days, you do not need to prove the infidelity to the state. You do not even need to take a DNA test. The rescission process during this window is absolute and requires no explanation or justification to the government. You simply file the form, and your legal status as the father is erased without argument.
What to Do If the 60 Days Have Passed
If the 60-day deadline has passed, the AOP solidifies into a binding legal judgment of paternity. You can no longer just file a piece of paper with the Vital Statistics Unit. Instead, you must file a lawsuit in a court, such as the Harris County Family District Court, Houston or the Bexar County Civil District Court, San Antonio. Under Tex. Fam. Code § 160.308, you must prove to a judge that you signed the AOP because of fraud, duress, or a material mistake of fact. Furthermore, under Tex. Fam. Code § 160.308(a), this lawsuit may be filed at any time before the court issues an order affecting the child, including an order relating to child support. The precedent in In re S.R.B., 262 S.W.3d 428 (TX Court of Appeals 2008) shows how courts evaluate these strict challenges. This is a complex legal battle requiring skilled legal representation.
How Much Does it Cost in Texas?
Rescinding the AOP within the 60-day window is very inexpensive. Beyond certified postage to mail copies to the signatories and the state, there are no state filing fees. However, if you miss the deadline and must hire a family law attorney to file a lawsuit to challenge the AOP based on fraud or mistake, you can expect to pay a legal retainer fee ranging from $2,500 to $5,000, plus court filing fees of approximately $300.
How Long Does the Process Take?
Mailing the rescission form takes only a few days. Once received and processed by the state, your legal rights and obligations to the child are severed immediately. If you have to file a lawsuit after the 60 days, the court process can take anywhere from 6 to 12 months, depending on the local court's docket and whether the mother aggressively contests your claim.
Frequently Asked Questions (FAQ)
Do I need a DNA test to rescind within 60 days?
No. Within the 60-day window, you have the absolute right to rescind the AOP without providing any DNA evidence, medical records, or justification.
Can the mother also rescind the AOP?
Yes. Any person who signed the Acknowledgment of Paternity, including the mother, has the exact same right to rescind it within the 60-day period.
Does rescinding the AOP remove me from the birth certificate?
Yes. When the Vital Statistics Unit successfully processes your rescission, your name will be officially removed from the child's birth certificate.
What happens if child support was already ordered?
If a court order for child support or custody was issued before you filed the rescission, the 60-day window is immediately closed. You must challenge the AOP formally in court.
Do I have to notify the mother that I am rescinding?
Yes. Under Tex. Fam. Code § 160.307(b)(2), the state does not notify the other parties for you. You must send a copy of the completed rescission form by certified or registered mail, return receipt requested, to the mother and any other signatories, and you must certify on the form under penalty of perjury that this notice was delivered.
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