How do you revoke an Acknowledgement of Paternity

Q: What does rescission of the obligation mean?

Rescission of an obligation means canceling a legal duty or contract, effectively releasing the parties from their obligations. This can occur due to various reasons, such as mutual agreement, misrepresentation, or other legal grounds. Once rescinded, the parties are no longer bound by the terms of the original agreement.

Q: Does an acknowledgement of paternity need to be notarized?

In Texas, an acknowledgment of paternity does not need to be notarized to be valid. However, it must be signed by both parents and filed with the vital statistics unit to establish paternity legally. It's essential to follow the correct procedures to ensure the acknowledgment is recognized by the court.

Full question:

How do you revoke an Acknowledgement of Paternity

Category: Paternity
Subcategory: Acknowledgment
Date: 04/07/2025
State: Texas

Answer:

In Texas a revocation or rescission of an acknowledgment of paternity is controlled by the Texas Paternity Statute below.

Texas Statutes
Family Code
Title 5. The Parent-Child Relationship And The Suit Affecting The Parent-Child Relationship
Subtitle B. Suits Affecting The Parent-Child Relationship
Chapter 160. Uniform Parentage Act
Subchapter D. Voluntary Acknowledgment Of Paternity
Current through the 84th Regular Session

§ 160.307. Procedures For Rescission

(a) A signatory may rescind an acknowledgment of paternity or denial of paternity as provided by this section before the earlier of:

(1) the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or
(2) the date a proceeding to which the signatory is a party is initiated before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.

(b) A signatory seeking to rescind an acknowledgment of paternity or denial of paternity must file with the vital statistics unit a completed rescission, on the form prescribed under Section 160.312, in which the signatory declares under penalty of perjury that:

(1) as of the date the rescission is filed, a proceeding has not been held affecting the child identified in the acknowledgment of paternity or denial of paternity, including a proceeding to establish child support;
(2) a copy of the completed rescission was sent by certified or registered mail, return receipt requested, to:

(A) if the rescission is of an acknowledgment of paternity, the other signatory of the acknowledgment of paternity and the signatory of any related denial of paternity; or
(B) if the rescission is of a denial of paternity, the signatories of the related acknowledgment of paternity; and

(3) if a signatory to the acknowledgment of paternity or denial of paternity is receiving services from the Title IV-D agency, a copy of the completed rescission was sent by certified or registered mail to the Title IV-D agency.

(c) On receipt of a completed rescission, the vital statistics unit shall void the acknowledgment of paternity or denial of paternity affected by the rescission and amend the birth record of the child, if appropriate.

(d) Any party affected by the rescission, including the Title IV-D agency, may contest the rescission by bringing a proceeding under Subchapter G to adjudicate the parentage of the child.

Cite as Tex. Fam. Code § 160.307

History. Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. TBD, Sec. 1.060, eff. 4/2/2015.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does rescission mean with car insurance?

Rescission in car insurance refers to the cancellation of a policy due to misrepresentation or failure to disclose important information by the insured. This means the insurer can void the policy as if it never existed, often returning any premiums paid. It's crucial to understand the terms of your policy and provide accurate information when applying for coverage.

What does rescission of the obligation mean?

What is the rescission of Acknowledgement?

The rescission of an acknowledgment, particularly in paternity cases, refers to the formal process of canceling a previously signed acknowledgment of paternity. This allows a signatory to withdraw their recognition of paternity, typically within a specific timeframe, such as 60 days in Texas, and involves filing a rescission form with the appropriate authorities.

Does an acknowledgement of paternity need to be notarized?

How do I remove a father's name from a certificate?

To remove a father's name from a birth certificate in Texas, you typically need to file a court petition to disestablish paternity. This process may involve providing evidence that the acknowledgment of paternity should be rescinded. Consulting with a family law attorney can help navigate the legal requirements and ensure proper procedures are followed.

How do you disestablish paternity?

Disestablishing paternity involves legally challenging and overturning a previously established acknowledgment of paternity. In Texas, this can be done by filing a petition with the court, providing valid reasons for the challenge, and potentially presenting evidence. It's important to act within specific timeframes and follow legal procedures, often with the assistance of an attorney.