The Notice of Intent to Claim Paternity(.pdf 5k) form is used to add the father's name to the state paternity registry maintained by theTexas Vital Statistics Unit. The purpose of the paternity registry is to "protect the parental rights of fathers who affirmatively assume responsibility for children they may have fathered, and expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their children by registering with the registry or otherwise acknowledging their children." [FC Chapter 160, SUBCHAPTER E]
The form is used in situations where the father and mother do not have a continuing relationship and the man is not listed as a presumed father on the birth certificate or Acknowledgment of Paternity. The following is a list of examples (not all inclusive) where the man may use the Notice of Intent to Claim Paternity form to register his assertion of paternity to protect his rights:
- A man and woman have a consensual sexual relationship for a brief period of time and they have no further contact. The man understands the woman may become pregnant and he wishes to assert his paternity for the possible child. He would complete the Notice of Intent to Claim Paternity(.pdf 5k)
- A man and woman do not agree that he is the father of her child. The man wishes to assert his paternity.
- More than one man claims to be the father of the child. Each man would complete a separate Notice of Intent to Claim Paternity.
- The mother refuses to complete and sign the Acknowledgment of Paternity form.
The Notice of Intent Claim Paternity form will not legally establish paternity nor can it be used to add a man's name to the child's birth certificate.
It is simply an assertion of belief that he is the father of a child and wishes to preserve his rights as a parent. The form must be filed before or within 31 days of the date of birth of a child. The man is encouraged to obtain legal advice and petition the court for the establishment of legal paternity.
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