How Does Paternity Work for Same-Sex Couples in Texas?

 Posted on March 26, 2026 in Same-Sex Family Law

Paternity, or parentage, is a vital step to take if you want to be legally acknowledged as a child’s parent. When a heterosexual couple has a child in Texas, paternity can either be assumed (if the couple is married) or declared by a court or an Acknowledgement of Paternity. But is the same true of same-sex couples? Are there any other steps that need to happen to make sure that a child is fully and legally considered the child of both partners?

These are big questions for same-sex couples expecting to have children. A Denton family law attorney has answers to these and any other questions about family law for same-sex couples.

Paternity or Parentage Laws in Texas

Texas uses the term "parentage" together with paternity when referring to the legal establishment of a parent-child relationship. Under the Texas Family Code Chapter 160, parentage can be established in several ways: DNA tests, marriage, acknowledgment, or court orders.

For opposite-sex couples, the law has long presumed that a husband is the legal father of any child born during the marriage. After the Supreme Court ruling in Pavan v. Smith, all states extend the married parent policy to children of married same-sex couples. This means that if a child is born during a same-sex marriage, both spouses are presumed to be the child’s legal parents.

However, this presumption can sometimes be challenged (which can also happen to heterosexual couples). It also doesn’t apply to unmarried couples with children. If it is challenged, and there are no other ties binding the child to the non-biological parent, it can create serious problems. If the couple separates, the non-biological parent may have no enforceable custody rights. If the biological parent dies, the surviving partner may not be recognized as the child's parent. Custody, immigration, inheritance, insurance coverage, and school decisions can all be affected.

What Secondary Options Do Same-Sex Couples Have to Establish Parentage?

Below are the options unmarried couples have to ensure the parentage of their children. They can also be used by married couples who want to be certain the law recognizes them as the parents.

Second-Parent or Stepparent Adoption

One of the most secure ways for a non-biological parent in a same-sex relationship to establish parental rights is through adoption. In Texas, a second-parent adoption or stepparent adoption gives the non-biological parent full legal rights and responsibilities. Once completed, it is very difficult to challenge. Adoption creates a court order, which is the strongest form of legal protection available. Even if the couple's relationship ends or one parent passes away, the adopted parent's rights remain intact.

Court Order Establishing Parentage

Couples can also petition to adjudicate parentage (sec. 160.601). This is essentially a lawsuit filed to declare one partner as a parent. This also leads to a court order, in this case one establishing parentage.

Both of these processes take time and money, but they are worth doing up front to avoid possible legal issues and heartache later.

Why Does Having a Legal Parentage Backup Matter for Same-Sex Couples?

Many same-sex couples assume that because they are both raising the child, both are automatically protected. That assumption can leave parents and their child in a vulnerable position if something happens. Establishing legal parentage protects the child's right to get support and inheritance, and protects the parent's right to be involved in their child's life.

The earlier you get this sorted out, the better. Waiting until there is a conflict makes the process harder and more expensive for everyone.

Call a Denton County, TX Family Law Attorney Today

If you have questions about parentage or adoption as a same-sex couple in Texas, contact our Denton paternity lawyers at The Law Office of Linda Risinger for a free consultation. Our mother-daughter team has over 30 years of experience practicing family law right here in Texas and is sympathetic to the unique issues faced by same-sex couples in Texas. We focus on getting the best outcome for your family while keeping costs manageable. Call The Law Office of Linda Risinger at 972-294-6533 today.