Posted by Mary E. Ramos | Family Law
A pregnancy can bring joy, fear, hope, and uncertainty. But for expectant fathers in Texas who desire to be involved from the very beginning, one question often looms large: Does a father-to-be have rights to an unborn child? You’re not alone if you’re unsure where you stand legally or what steps you can take to protect your relationship with your future child. Texas law recognizes the importance of fathers in a child’s life, but understanding your rights during the pregnancy, during the birth process itself, and then after the child is born can be a complicated path to walk.
What Rights Does a Father Have to an Unborn Child in Texas?
The rights a father has to an unborn child center on two important legal aspects: paternity and parental rights. In Texas, an unmarried biological father has minimal, if any, legal rights before the child is born because parental rights and legal paternity are established only after the child is born.
Until then, the mother’s constitutional right to privacy almost always grants her primary decision-making authority during pregnancy, including choices regarding medical care and the birth location and whether to include the father-to-be. No court can force a woman to include anyone (a father, a mother-in-law, a best friend) at appointments or the birth itself. The fetus is not a person yet so it falls under the protected health umbrella of the mother. Unfortunately, even in the most wanted and meticulously planned for pregnancies, there can be losses or surprises. For that reason, the family law court system will not effectuate any orders relating to decision-making, visitation, or child support until the child has been born. So while pregnancy itself can be frustrating for expectant fathers in contentious circumstances, the law does provide pathways for unmarried fathers to prepare for and protect their future rights once the child is born.
How to Establish Paternity Under Texas Law
To gain legal rights as a father, you must establish paternity, a formal process that confirms your legal relationship to the child after birth. There are two main ways to establish paternity.
Voluntary Acknowledgment of Paternity (AOP)
The AOP is a legal form signed by both parents after the child’s birth. It establishes the father as the legal parent without going to court. This document is filed with the State of Texas and a family law court will use it in lieu of a paternity test to establish paternity.
Court-Ordered Paternity
Either parent can petition the court if there is disagreement or uncertainty regarding paternity. Genetic testing may be requested to establish biological fatherhood. If requested, a court will order the mother to make the child available to a court-approved lab for a cheek swab. After paternity is confirmed, a father can then request custody, visitation, and decision-making rights concerning the child.
Parental Rights That Begin After Birth
In Texas, legal parents have the right to:
- Have physical possession and access to the child,
- Direct the child’s moral and religious training,
- Consent to medical treatment, and
- Receive information about the child’s welfare.
The court grants these rights only after the child is born and paternity is confirmed. They are not enforceable before birth.
What Fathers Can Do Before the Child Is Born
Although legal rights don’t attach until after birth, there are steps you can take to protect your interests and demonstrate your commitment, such as:
- Start the paternity process early. Early action shows the court and your future child that you’re committed and serious about being present and involved from day one. While a court will not make any orders until the child actually exists, it’s convenient to have a court assignment and the mother on notice that custody litigation is pending.
- Communicate respectfully with the mother. Establishing a positive and cooperative relationship with the mother can significantly streamline future legal processes. Sugar gets the most flies – you are in for 18+ years of coparenting. Starting that relationship on a rocky foundation during pregnancy is not beneficial for the father, mother, or child.
- Track pregnancy milestones. Save texts, doctor invites, or pregnancy updates to show your involvement later in court. As the child does not yet exist outside of the womb to have a relationship with, memorialize attempts you’ve made to be present during the pregnancy.
- Learn about your parental rights. Stay informed by speaking with one of our knowledgeable family law attorneys.
These steps can help demonstrate your intent to be a responsible and engaged parent once the baby arrives.
Can a Father Prevent the Mother from Moving or Making Decisions During Pregnancy?
Before the child is born, the mother usually retains primary constitutional rights over decisions about the pregnancy due to her status as the carrying parent. Texas State law does not currently give an expectant father the legal right to:
- Stop a pregnant woman from relocating,
- Demand access to medical records or appointments, or
- Make decisions about prenatal care.
However, once the child is born and paternity is established, these issues may become part of a court’s custody and visitation determination.
Why Work with a Family Law Firm Before the Baby Is Born
Preparing for fatherhood goes beyond planning a nursery. It includes protecting your legal relationship with your child. At Ramos Law Group, PLLC, we help expectant fathers take proactive steps to secure their future rights. Because we focus solely on family law, we understand how Texas courts treat cases involving fathers and can help you take the proper steps, before and after birth.
Our founder, Mary E. Ramos, is Board Certified in Family Law by the Texas Board of Legal Specialization, a distinction held by a select group of attorneys in the state. With a team dedicated exclusively to family law and a deep understanding of Texas courts, we can provide compassionate, strategic guidance when your future as a father is on the line.
Be Ready to Protect What Matters Most
Are you still wondering, Does a father have rights to an unborn child? Taking the first step toward responsible parenthood means asking questions about your rights as a father. Your legal rights begin at birth, but your preparation starts long before. Let us help you prepare.
Ramos Law Group, PLLC is ready to stand by your side with education, advocacy, and strength.
Don’t wait to understand your rights. Contact us today, and get the legal clarity you deserve.
Frequently Asked Questions
Does the Father Have Rights to an Unborn Child in Texas Without a Court Order?
Under state law, an expectant unmarried father has no enforceable legal rights until after birth.
Can I Attend Medical Appointments During the Pregnancy?
That depends entirely on the mother’s consent. She is not legally required to include you if you’re not in a relationship. Even if you’re in a relationship, doctor appointments are under the umbrella of protected medical information and the patient gets to decide what information is shared.
Is an Acknowledgment of Paternity Legally Binding?
Yes. Once signed and filed, an AOP has the same legal effect as a court order of paternity unless successfully challenged.
Can I File for Custody Before the Baby Is Born?
Not typically. You can only file a custody case after the child is born and paternity is established. You can file a petition to adjudicate parentage but it will sit on the court docket until the child is in existence outside of the womb.
What If the Mother Doesn’t Want Me Involved?
You may still pursue legal paternity and request rights after birth. Courts in Texas evaluate the child’s best interests, and a biological father has the right to petition for involvement.
Resources:
- Texas Office of the Attorney General, Paternity, link.
- Texas Office of the Attorney General, Paternity, Child Support, and You (2022), link.
- Texas Access, Paternity, link.
- Texas Law Help, Parents’ Rights When No Custody Orders Exist (November 2022), link.
- Lawrina, Rights of Fathers of an Unborn Child (August 2024), link.
Last Updated on June 25, 2025 by Mary E. Ramos
By submitting this form, I understand and agree that an attorney-client relationship with Ramos Law Group is ONLY established upon entering into a written fee agreement. I acknowledge that this submission is not a request for legal advice, and any information received in response will not constitute legal advice.
I also consent to receiving text messages from Ramos Law Group. I can text ‘STOP’ to opt out of text messages at any time. Please visit our SMS Terms of Service and Privacy Policy for more details.