The use of assisted reproduction is growing. Many children are the result of such procedures due to a variety of factors causing parents to be unable to naturally conceive.
In these situations, mothers automatically retain their paternal rights to the child. If the mother has a husband, he is automatically the legal father. However, if you find yourself in a situation where you do not want to be the father of a child your wife conceived through assisted means, you may be able to dispute paternity. But the Texas Family Code Section 160.705 limits such challenges to only a few specific situations.
You did not consent
If you provide evidence and the court finds that you did not consent to the insemination and pregnancy, then you may be able to dispute paternity. You will need to show that you never agreed to have a child. You would need to show that you never provided sperm for the procedure, you and the mother did not live together at the time of the procedure to inseminate and you never treated the child as yours.
You meet the deadline for filing
If you file your claim to sever paternity within four years of learning about the child, then you might have a valid claim.
The court is not quick to end paternal rights as the state believes every child should have the opportunity to know and develop a relationship with both parents. However, in a situation where you do not want to be a parent and never agreed to it, the court will consider your case and could potentially end your paternal rights.