Differences Among Texas Statutes Confusing
The Texas statutes are proudly laid out in an orderly sequence. Laws about families are found in the Family Code, laws about guardianship, probates, and inheritance reside in the Estates Code, and laws about things such as birth certificates can be found nestled within the Health & Safety Code.
Helpfully, each one of these codes contains definitions, too. The trouble is that those definitions – and by extension the statutes – do not always agree. Take the concept of “father.” Are you one? Let’s see what Texas law has to say about that.
What the Family Code Says
Five Legal Pathways to Fatherhood
The Family Code gives a man five chances to be a parent. A father might be interested in these definitions because they control his rights to possess and have a say in decisions regarding the child, his duties and responsibilities regarding the child, and his obligation to pay support for the child.
- Presumed father – Typically applies if the man is married to the child’s mother at the time of birth or conception.
- Legally determined father – Established through genetic testing or another legal process.
- Adjudicated father – Declared by a court in a legal proceeding.
- Acknowledged father – Has signed a legal acknowledgement of paternity.
- Adoptive father – Has legally adopted the child.
Termination of Parental Rights
Importantly, if a man’s parent-child relationship has been terminated by court order, the Family Code no longer considers him a father, even if he met one of the five criteria before.
How the Estates Code Defines a Father
Three Definitions for Guardianship Purposes
The Estates Code takes a slightly different approach when it defines “parent” for guardianship purposes. It gives a man only three chances at the title and focuses more on the biological aspect.
- A man who is presumed to be the biological father of a child.
- A man who has been adjudicated to be the biological father of a child by a court of competent jurisdiction.
- A man who is the adoptive father of a child.
And, like the Family Code, a man who has had his parent-child relationship terminated is knocked out of the running.
Inheritance and the Biological Father
When Can a Father Inherit from a Child–and Vice Versa?
For inheritance purposes, the Estates Code mostly borrows from the Family Code, creating even more complexity. A biological father can inherit from a child (and the child from him) only if:
- There’s an unrebutted presumption of paternity
- He has acknowledged paternity
- A court adjudicated him as the father
- He adopted the child
- He consented to assisted reproduction by his wife, resulting in the child’s birth
Exception: Termination Orders
If a father’s parental rights to his child have been terminated, then usually the father cannot inherit from the child, but the child can still inherit from the father. But – it depends on the wording in the termination order.
Birth Certificates and the Health & Safety Code
How the Father Gets on the Birth Certificate
Not to be outdone, the Health & Safety Code defines “father” for purposes of the baby’s birth certificate. These requirements fall under three categories:
- Marriage – The mother was married to the man at the time of conception, birth, or shortly after.
- Court adjudication – A judge legally declares him the father.
- Voluntary acknowledgement – He signs and files a paternity acknowledgment with the Texas Vital Statistics Unit.
Each of these methods qualifies him for inclusion on the child’s birth certificate—but that doesn’t necessarily mean he qualifies under the other codes.
Need Help Navigating the Legal Maze of Fatherhood?
Fatherhood in Texas law is a patchwork of statutes, and it matters which thread you’re pulling.
Our knowledgeable attorneys can help you determine where you or a loved one stands when it comes to parental rights, guardianship, or estate planning. Don’t leave it to chance. Schedule a consultation today.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
