To get a court-ordered paternity test in Texas, you file a Suit Affecting the Parent-Child Relationship (SAPCR), specifically a Petition to Adjudicate Parentage, in the county where the child lives and ask the judge to order genetic testing. The court then decides whether testing is warranted, and if it is, an AABB-accredited lab collects DNA from the child, the mother, and the alleged father. A result at or above a 99 percent probability of paternity legally identifies the man as the father, which opens the door to child support, custody, visitation, inheritance, and an amended birth certificate.1State of Texas. Texas Family Code 160.505 – Genetic Testing Results; Rebuttal
If both parents already agree on paternity and no presumed father exists, they can skip court entirely by signing an Acknowledgment of Paternity.2Office of the Attorney General. Acknowledgment of Paternity (AOP) The court process below is for cases where someone disputes paternity, refuses to sign, or a presumed father complicates things.
Who Can File
Texas law limits who has standing to bring a paternity case. Under the Family Code, a proceeding to adjudicate parentage can be filed by:
- The child’s mother
- A man whose paternity is to be determined
- The child, through a legal representative if still a minor
- A government agency such as the Office of the Attorney General, particularly when the child receives public assistance
- An authorized adoption or licensed child-placing agency
- A close relative of the mother (parent, grandparent, sibling, or child of the mother) if the mother has died
- An intended parent under an approved gestational agreement
Once the child becomes an adult, only the adult child can file.3Texas Public Law. Texas Family Code 160.602 – Standing to Maintain Proceeding
Filing Deadlines You Cannot Miss
When no presumed father exists, you can file at any time before the child turns 18.
When the child has a presumed father, the window is much shorter. The case must be filed before the child’s fourth birthday.4State of Texas. Texas Family Code 160.607 – Time Limitation: Child Having Presumed Father A presumed father is generally a man married to the mother at the child’s birth, married to her within 300 days before the birth, married her after the birth and voluntarily claimed the child, or lived with the child for the first two years while representing the child as his own.5State of Texas. Texas Family Code FAM 160.204 – Presumption of Paternity
Two exceptions allow filing after the four-year deadline: when the presumed father and the mother never lived together and never had sexual intercourse during the probable time of conception, or when the presumed father was misled by misrepresentations that prevented him from filing sooner.4State of Texas. Texas Family Code 160.607 – Time Limitation: Child Having Presumed Father Otherwise, the deadline is firm, and missing it can permanently bar the case.
How to File the Petition
File a Petition to Adjudicate Parentage with the clerk of the court in the Texas county where the child lives. Depending on the county, that is a district court, a statutory family court, or a county court at law.6Texas Law Help. SAPCR (Custody) Cases The petition needs full names and addresses of the mother, the alleged father, and the child, the child’s date and place of birth, and any existing court orders involving the child.7TexasLawHelp.org. Petition to Adjudicate Parentage
After filing, every other party named in the suit must be formally served with the papers by a sheriff, constable, or private process server. The case cannot move forward until service is complete. The court then schedules a hearing, and the judge decides whether to order genetic testing. If testing is ordered, the order sets a deadline for completion and can assign the initial cost to one or both parties.8Texas Public Law. Texas Family Code 160.636 – Order Adjudicating Parentage; Costs
When a Judge Can Refuse to Order Testing
Courts do not automatically grant every DNA test request, especially when a presumed father is involved. A judge can deny genetic testing if the mother or presumed father is legally blocked by prior conduct from denying parentage and disproving the father-child relationship would be inequitable.9Texas Public Law. Texas Family Code 160.608 – Authority to Deny Motion for Genetic Testing
The court weighs the child’s best interest, looking at how long the presumed father has acted as parent, the nature of that relationship, the child’s age, potential harm from disruption, and how the presumed father learned he might not be biologically related. The denial must be supported by clear and convincing evidence, and the child must be represented by an attorney during the proceeding. If the court denies testing, it declares the presumed father to be the legal father.9Texas Public Law. Texas Family Code 160.608 – Authority to Deny Motion for Genetic Testing
How the Test Is Done
Once ordered, the testing itself is quick. A technician takes DNA from the child, the mother, and the alleged father with a buccal swab of the inside of the cheek. Texas requires the lab to be accredited by the AABB, formerly the American Association of Blood Banks, which sets the national standards for relationship testing. The current AABB standards are in their 17th edition, effective January 2026.10AABB. Standards for Relationship Testing Laboratories
Chain of custody is enforced from collection through analysis, with neutral third parties handling the samples. That is the difference between a court-admissible test and an at-home kit ordered online. At-home results carry no legal weight in a Texas court because no one can verify who provided the samples.
What the Results Legally Mean
If testing shows at least a 99 percent probability of paternity, using a combined paternity index of at least 100 to 1, the man is rebuttably identified as the father.1State of Texas. Texas Family Code 160.505 – Genetic Testing Results; Rebuttal “Rebuttably” means the identification can be challenged, but only by other qualifying genetic testing that excludes him or points to a different man. At this threshold, results are treated as near-conclusive.
If results exclude the man, the court issues an order to that effect, ending any parental rights and support obligations. The decision rests on the science, not testimony or preference.
What Happens If Someone Refuses the Test
Ignoring a court order for testing is a serious mistake. An order for genetic testing is enforceable by contempt, which can mean fines or jail. And the court can adjudicate parentage against the person who refused. In practical terms, if an alleged father refuses to give a sample, the judge can declare him the legal father based on whatever other evidence is available. Once the order is signed, compliance is not optional.
What the Order Establishes
An order adjudicating parentage identifies the child by name and date of birth and names the man as the legal father.8Texas Public Law. Texas Family Code 160.636 – Order Adjudicating Parentage; Costs From there:
- The court can order current child support under Texas guidelines and retroactive support back to the child’s birth, along with an equitable share of the mother’s prenatal and postnatal health care costs.8Texas Public Law. Texas Family Code 160.636 – Order Adjudicating Parentage; Costs
- Custody, visitation, and medical and dental support can be decided in the same case.11Texas Law Help. I Need a Paternity Order
- If the order conflicts with the existing birth certificate, the court directs the Vital Statistics Unit to issue an amended record.
- Either party can ask the court to change the child’s name for good cause.
- The child gains inheritance rights and may become eligible for the father’s Social Security, veterans’ benefits, or employer insurance.
What It Costs
Filing fees vary by county and can run several hundred dollars. An AABB-accredited legal DNA test typically starts around $375, not counting separate collection fees at the sample site. Attorney fees add more, though some people file without a lawyer using the self-help forms at Texas Law Help.
The court can assess all case costs, including filing fees, attorney fees, testing fees, travel, and other reasonable costs, against either party at the end.8Texas Public Law. Texas Family Code 160.636 – Order Adjudicating Parentage; Costs If you cannot pay up front, file a Statement of Inability to Afford Payment of Court Costs, a Texas Supreme Court–approved form where you declare your finances under penalty of perjury. Receiving benefits such as Medicaid, SNAP, or SSI supports the request. If the Office of the Attorney General brings the case on your behalf, which is common when the child receives public assistance, the agency covers those costs.