By Turner of Harris H.B. No. 638
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contesting a voluntary statement of paternity or
1-3 acknowledgment of paternity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 160.007(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Subsection (b) or Section 160.217,
1-8 a suit under this chapter with respect to a child is barred if
1-9 final judgment has been rendered by a court of competent
1-10 jurisdiction:
1-11 (1) adjudicating a named individual to be the
1-12 biological father of the child; [or]
1-13 (2) terminating the parent-child relationship between
1-14 the child and each living parent of the child; or
1-15 (3) granting a petition for the adoption of the child.
1-16 SECTION 2. Section 160.207(a), Family Code, is amended to
1-17 read as follows:
1-18 (a) A person who may contest a presumption of paternity
1-19 under Section 160.101 may contest an acknowledgment of paternity or
1-20 a denial of paternity by filing a suit affecting the parent-child
1-21 relationship. A suit to contest an acknowledgment of paternity or
1-22 a denial of paternity that is filed after the time for a suit to
1-23 rescind under Section 160.206 may be filed only on the basis of
1-24 fraud, duress, or material mistake of fact. For purposes of this
2-1 subsection, evidence that a man is excluded as the father of a
2-2 child based on scientifically accepted parentage testing
2-3 constitutes a material mistake of fact. The party challenging the
2-4 acknowledgment of paternity or the denial of paternity has the
2-5 burden of proof.
2-6 SECTION 3. Subchapter C, Chapter 160, Family Code, is amended
2-7 by adding Section 160.217 to read as follows:
2-8 Sec. 160.217. SUIT TO CONTEST VOLUNTARY STATEMENT OF
2-9 PATERNITY. (a) A man who executed a voluntary statement of
2-10 paternity before September 1, 1999, and who, on the basis of that
2-11 statement, is the subject of a final order declaring him to be a
2-12 parent of the child who is the subject of the statement may file a
2-13 suit affecting the parent-child relationship to contest the
2-14 statement on the basis of fraud, duress, or material mistake of
2-15 fact in the same manner that a person may contest an acknowledgment
2-16 of paternity under Sections 160.207 and 160.208. For purposes of
2-17 this subsection, evidence that a man is excluded as the father of a
2-18 child based on scientifically accepted parentage testing
2-19 constitutes a material mistake of fact.
2-20 (b) A suit filed under this section to contest a voluntary
2-21 statement of paternity is not affected by an order with respect to
2-22 the child that was rendered on the basis of that statement.
2-23 (c) The court, on a preliminary finding in a suit under this
2-24 section that there is credible evidence of fraud, duress, or
2-25 material mistake of fact regarding the execution of the voluntary
2-26 statement of paternity, shall order scientifically accepted
2-27 parentage testing as provided by Section 160.102. The person
3-1 contesting the voluntary statement of paternity shall pay the cost
3-2 of the testing.
3-3 (d) Except as provided by Subsection (e), if the court finds
3-4 that at least 99 percent of the male population is excluded by the
3-5 test ordered under Subsection (c) and that the man who executed the
3-6 voluntary statement of paternity is excluded from the possibility
3-7 of being the child's father, the court shall set aside:
3-8 (1) the final order declaring the man to be a parent
3-9 of the child; and
3-10 (2) any other order with respect to the child that was
3-11 rendered on the basis of the voluntary statement of paternity.
3-12 (e) The court may not set aside under Subsection (d) a final
3-13 order declaring a man to be a parent of a child if the man who
3-14 executed the voluntary statement of paternity:
3-15 (1) executed the statement knowing that he was not the
3-16 father of the child; or
3-17 (2) subsequently adopted the child.
3-18 (f) If the court sets aside a final order as provided by
3-19 Subsection (d), the court shall order the bureau of vital
3-20 statistics to amend the birth record of the child. The court may
3-21 not as a result of the order being set aside:
3-22 (1) require an obligee to repay child support paid by
3-23 the man who executed the voluntary statement of paternity; or
3-24 (2) award damages to the man who executed the
3-25 voluntary statement of paternity.
3-26 (g) A suit under this section must be filed before September
3-27 1, 2003.
4-1 (h) This section expires September 1, 2004.
4-2 SECTION 4. The change in law made by Section 160.217, Family
4-3 Code, as added by this Act, applies to a suit affecting the
4-4 parent-child relationship commenced on or after the effective date
4-5 of this Act and before September 1, 2003. A suit commenced before
4-6 September 1, 2003, that is pending on or after September 1, 2004,
4-7 is governed by Section 160.217, Family Code, as that section
4-8 existed on the date the suit was filed, and that law is continued
4-9 in effect for that purpose.
4-10 SECTION 5. The change in law made by Section 160.207, Family
4-11 Code, as amended by this Act, applies to a suit affecting the
4-12 parent-child relationship commenced on or after the effective date
4-13 of this Act. A suit affecting the parent-child relationship
4-14 commenced before the effective date of this Act is governed by the
4-15 law in effect on the date the suit was filed, and the former law is
4-16 continued in effect for that purpose.
4-17 SECTION 6. This Act takes effect September 1, 2001.