By Goodman H.B. No. 920
77R9382 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of the Uniform Parentage Act; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. UNIFORM PARENTAGE ACT
1-6 SECTION 1.01. Chapter 160, Family Code, is amended to read as
1-7 follows:
1-8 CHAPTER 160. UNIFORM [DETERMINATION OF] PARENTAGE ACT
1-9 SUBCHAPTER A. APPLICATION AND CONSTRUCTION [GENERAL PROVISIONS]
1-10 Sec. 160.001. APPLICATION AND CONSTRUCTION. This chapter
1-11 shall be applied and construed to promote the uniformity of the law
1-12 among the states that enact the Uniform Parentage Act.
1-13 Sec. 160.002. CONFLICTS BETWEEN PROVISIONS. If a provision
1-14 of this chapter conflicts with another provision of this title or
1-15 another state statute or rule and the conflict cannot be
1-16 reconciled, this chapter prevails.
1-17 (Sections 160.003-160.100 reserved for expansion
1-18 SUBCHAPTER B. GENERAL PROVISIONS
1-19 Sec. 160.101. SHORT TITLE. This chapter may be cited as the
1-20 Uniform Parentage Act.
1-21 Sec. 160.102. DEFINITIONS. In this chapter:
1-22 (1) "Adjudicated father" means a man who has been
1-23 adjudicated by a court to be the father of a child.
1-24 (2) "Assisted reproduction" means a method of causing
2-1 pregnancy other than sexual intercourse. The term includes:
2-2 (A) intrauterine insemination;
2-3 (B) donation of eggs;
2-4 (C) donation of embryos;
2-5 (D) in vitro fertilization and transfer of
2-6 embryos; and
2-7 (E) intracytoplasmic sperm injection.
2-8 (3) "Child" means an individual of any age whose
2-9 parentage may be determined under this chapter.
2-10 (4) "Commence" means to file the initial pleading
2-11 seeking an adjudication of parentage in a court of this state.
2-12 (5) "Determination of parentage" means the
2-13 establishment of the parent-child relationship by the signing of a
2-14 valid acknowledgment of paternity under Subchapter D or by an
2-15 adjudication by a court.
2-16 (6) "Donor" means an individual who produces eggs or
2-17 sperm used for assisted reproduction, regardless of whether the
2-18 production is for consideration. The term does not include:
2-19 (A) a husband who provides sperm or a wife who
2-20 provides eggs to be used for assisted reproduction by the wife; or
2-21 (B) a woman who gives birth to a child by means
2-22 of assisted reproduction.
2-23 (7) "Ethnic or racial group" means, for purposes of
2-24 genetic testing, a recognized group that an individual identifies
2-25 as all or part of the individual's ancestry or that is identified
2-26 by other information.
2-27 (8) "Genetic testing" means an analysis of an
3-1 individual's genetic markers to exclude or identify a man as the
3-2 father of a child or a woman as the mother of a child. The term
3-3 includes an analysis of one or more of the following:
3-4 (A) deoxyribonucleic acid; and
3-5 (B) blood-group antigens, red-cell antigens,
3-6 human-leukocyte antigens, serum enzymes, serum proteins, or
3-7 red-cell enzymes.
3-8 (9) "Intended parents" means individuals who enter
3-9 into an agreement providing that the individuals will be the
3-10 parents of a child born to a gestational mother by means of
3-11 assisted reproduction, regardless of whether either individual has
3-12 a genetic relationship with the child.
3-13 (10) "Man" means a male individual of any age.
3-14 (11) "Parent" means an individual who has established
3-15 a parent-child relationship under Section 160.201.
3-16 (12) "Paternity index" means the likelihood of
3-17 paternity determined by calculating the ratio between:
3-18 (A) the likelihood that the tested man is the
3-19 father of the child, based on the genetic markers of the tested
3-20 man, the mother of the child, and the child, conditioned on the
3-21 hypothesis that the tested man is the father of the child; and
3-22 (B) the likelihood that the tested man is not
3-23 the father of the child, based on the genetic markers of the tested
3-24 man, the mother of the child, and the child, conditioned on the
3-25 hypothesis that the tested man is not the father of the child and
3-26 that the father of the child is of the same ethnic or racial group
3-27 as the tested man.
4-1 (13) "Presumed father" means a man who, by operation
4-2 of law under Section 160.204, is recognized as the father of a
4-3 child until that status is rebutted or confirmed in a judicial
4-4 proceeding.
4-5 (14) "Probability of paternity" means the probability,
4-6 with respect to the ethnic or racial group to which the alleged
4-7 father belongs, that the alleged father is the father of the child,
4-8 compared to a random, unrelated man of the same ethnic or racial
4-9 group, expressed as a percentage incorporating the paternity index
4-10 and a prior probability.
4-11 (15) "Record" means information that is inscribed on a
4-12 tangible medium or that is stored in an electronic or other medium
4-13 and is retrievable in a perceivable form.
4-14 (16) "Signatory" means an individual who authenticates
4-15 a record and is bound by its terms.
4-16 (17) "Support enforcement agency" means a public
4-17 official or public agency authorized to seek:
4-18 (A) the enforcement of child support orders or
4-19 laws relating to the duty of support;
4-20 (B) the establishment or modification of child
4-21 support;
4-22 (C) the determination of parentage;
4-23 (D) the location of child-support obligors and
4-24 their income and assets; or
4-25 (E) the conservatorship of a child or the
4-26 termination of parental rights.
4-27 Sec. 160.103. SCOPE OF CHAPTER; CHOICE OF LAW. (a) This
5-1 chapter governs every determination of parentage in this state.
5-2 (b) The court shall apply the law of this state to
5-3 adjudicate the parent-child relationship. The applicable law does
5-4 not depend on:
5-5 (1) the place of birth of the child; or
5-6 (2) the past or present residence of the child.
5-7 (c) This chapter does not create, enlarge, or diminish
5-8 parental rights or duties under another law of this state.
5-9 (d) This chapter does not authorize or prohibit an agreement
5-10 between a woman and the intended parents of a child in which the
5-11 woman relinquishes all rights as a parent of a child conceived by
5-12 means of assisted reproduction and which provides that the intended
5-13 parents become the parents of the child. If a birth results under
5-14 a gestational agreement that is unenforceable under the law of this
5-15 state, the parent-child relationship is determined as provided by
5-16 Subchapter C.
5-17 Sec. 160.104. AUTHORIZED COURTS. The following courts are
5-18 authorized to adjudicate parentage under this chapter:
5-19 (1) a court with jurisdiction to hear a suit affecting
5-20 the parent-child relationship under this title; or
5-21 (2) a court with jurisdiction to adjudicate parentage
5-22 under another law of this state.
5-23 Sec. 160.105. PROTECTION OF PARTICIPANTS. A proceeding under
5-24 this chapter is subject to the other laws of this state governing
5-25 the health, safety, privacy, and liberty of a child or any other
5-26 individual who may be jeopardized by the disclosure of identifying
5-27 information, including the person's address, telephone number,
6-1 place of employment, and social security number and the name of the
6-2 child's day-care facility and school.
6-3 Sec. 160.106. DETERMINATION OF MATERNITY. The provisions of
6-4 this chapter relating to the determination of paternity apply to a
6-5 determination of maternity.
6-6 (Sections 160.107-160.200 reserved for expansion
6-7 SUBCHAPTER C. PARENT-CHILD RELATIONSHIP
6-8 Sec. 160.201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
6-9 (a) The mother-child relationship is established between a woman
6-10 and a child by:
6-11 (1) the woman giving birth to the child;
6-12 (2) an adjudication of the woman's maternity; or
6-13 (3) the adoption of the child by the woman.
6-14 (b) The father-child relationship is established between a
6-15 man and a child by:
6-16 (1) an unrebutted presumption of the man's paternity
6-17 of the child under Section 160.204;
6-18 (2) an effective acknowledgment of paternity by the
6-19 man under Subchapter D, unless the acknowledgment has been
6-20 rescinded or successfully challenged;
6-21 (3) an adjudication of the man's paternity;
6-22 (4) the adoption of the child by the man; or
6-23 (5) the man's consenting to assisted reproduction by
6-24 his wife under Subchapter H, which resulted in the birth of the
6-25 child.
6-26 Sec. 160.202. NO DISCRIMINATION BASED ON MARITAL STATUS. A
6-27 child born to parents who are not married to each other has the
7-1 same rights under the law as a child born to parents who are
7-2 married to each other.
7-3 Sec. 160.203. CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE.
7-4 Unless parental rights are terminated, a parent-child relationship
7-5 established under this chapter applies for all purposes, except as
7-6 otherwise provided by another law of this state.
7-7 Sec. 160.204. PRESUMPTION OF PATERNITY IN CONTEXT OF
7-8 MARRIAGE. (a) A man is presumed to be the father of a child if:
7-9 (1) he is married to the mother of the child and the
7-10 child is born during the marriage;
7-11 (2) he is married to the mother of the child and the
7-12 child is born before the 301st day after the date the marriage is
7-13 terminated by death, annulment, declaration of invalidity, or
7-14 divorce;
7-15 (3) he married the mother of the child before the
7-16 birth of the child in apparent compliance with law, even if the
7-17 attempted marriage is or could be declared invalid, and the child
7-18 is born during the invalid marriage or before the 301st day after
7-19 the date the marriage is terminated by death, annulment,
7-20 declaration of invalidity, or divorce; or
7-21 (4) he married the mother of the child after the birth
7-22 of the child in apparent compliance with law, regardless of whether
7-23 the marriage is or could be declared invalid, he voluntarily
7-24 asserted his paternity of the child, and:
7-25 (A) the assertion is in a record filed with the
7-26 bureau of vital statistics;
7-27 (B) he is voluntarily named as the child's
8-1 father on the child's birth certificate; or
8-2 (C) he promised in a record to support the child
8-3 as his own.
8-4 (b) A presumption of paternity established under this
8-5 section may be rebutted only by an adjudication under Subchapter G.
8-6 (Sections 160.205-160.300 reserved for expansion
8-7 SUBCHAPTER D. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
8-8 Sec. 160.301. ACKNOWLEDGMENT OF PATERNITY. The mother of a
8-9 child and a man claiming to be the father of the child conceived as
8-10 the result of sexual intercourse with the mother may sign an
8-11 acknowledgment of paternity with the intent to establish the man's
8-12 paternity.
8-13 Sec. 160.302. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
8-14 An acknowledgment of paternity must:
8-15 (1) be in a record;
8-16 (2) be signed, or otherwise authenticated, under
8-17 penalty of perjury by the mother and the man seeking to establish
8-18 paternity;
8-19 (3) state that the child whose paternity is being
8-20 acknowledged:
8-21 (A) does not have a presumed father or has a
8-22 presumed father whose full name is stated; and
8-23 (B) does not have another acknowledged or
8-24 adjudicated father;
8-25 (4) state whether there has been genetic testing and,
8-26 if so, that the acknowledging man's claim of paternity is
8-27 consistent with the results of the testing; and
9-1 (5) state that the signatories understand that the
9-2 acknowledgment is the equivalent of a judicial adjudication of the
9-3 paternity of the child and that a challenge to the acknowledgment
9-4 is permitted only under limited circumstances and is barred after
9-5 four years.
9-6 (b) An acknowledgment of paternity is void if it:
9-7 (1) states that another man is a presumed father of
9-8 the child, unless a denial of paternity signed or otherwise
9-9 authenticated by the presumed father is filed with the bureau of
9-10 vital statistics;
9-11 (2) states that another man is an acknowledged or
9-12 adjudicated father of the child; or
9-13 (3) falsely denies the existence of a presumed,
9-14 acknowledged, or adjudicated father of the child.
9-15 (c) A presumed father may sign or otherwise authenticate an
9-16 acknowledgment of paternity.
9-17 Sec. 160.303. DENIAL OF PATERNITY. A presumed father of a
9-18 child may sign a denial of his paternity. The denial is valid only
9-19 if:
9-20 (1) an acknowledgment of paternity signed or otherwise
9-21 authenticated by another man is filed under Section 160.305;
9-22 (2) the denial is in a record and is signed or
9-23 otherwise authenticated under penalty of perjury; and
9-24 (3) the presumed father has not previously:
9-25 (A) acknowledged paternity of the child, unless
9-26 the previous acknowledgment has been rescinded under Section
9-27 160.307 or successfully challenged under Section 160.308; or
10-1 (B) been adjudicated to be the father of the
10-2 child.
10-3 Sec. 160.304. RULES FOR ACKNOWLEDGMENT AND DENIAL OF
10-4 PATERNITY. (a) An acknowledgment of paternity and a denial of
10-5 paternity may be contained in a single document or in different
10-6 documents and may be filed separately or simultaneously. If the
10-7 acknowledgment and denial are both necessary, neither document is
10-8 valid until both documents are filed.
10-9 (b) An acknowledgment of paternity or a denial of paternity
10-10 may be signed before the birth of the child.
10-11 (c) Subject to Subsection (a), an acknowledgment of
10-12 paternity or denial of paternity takes effect on the date of the
10-13 birth of the child or the filing of the document with the bureau of
10-14 vital statistics, whichever occurs later.
10-15 (d) An acknowledgment of paternity or denial of paternity
10-16 signed by a minor is valid if it otherwise complies with this
10-17 chapter.
10-18 Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF
10-19 PATERNITY. (a) Except as provided by Sections 160.307 and 160.308,
10-20 a valid acknowledgment of paternity filed with the bureau of vital
10-21 statistics is the equivalent of an adjudication of the paternity of
10-22 a child and confers on the acknowledged father all rights and
10-23 duties of a parent.
10-24 (b) Except as provided by Sections 160.307 and 160.308, a
10-25 valid denial of paternity filed with the bureau of vital statistics
10-26 in conjunction with a valid acknowledgment of paternity is the
10-27 equivalent of an adjudication of the nonpaternity of the presumed
11-1 father and discharges the presumed father from all rights and
11-2 duties of a parent.
11-3 Sec. 160.306. FILING FEE NOT REQUIRED. The bureau of vital
11-4 statistics may not charge a fee for filing an acknowledgment of
11-5 paternity or denial of paternity.
11-6 Sec. 160.307. PROCEEDING FOR RESCISSION. A signatory may
11-7 rescind an acknowledgment of paternity or denial of paternity by
11-8 commencing a proceeding to rescind before the earlier of:
11-9 (1) the 60th day after the effective date of the
11-10 acknowledgment or denial, as provided by Section 160.304; or
11-11 (2) the date of the first hearing in a proceeding to
11-12 which the signatory is a party before a court to adjudicate an
11-13 issue relating to the child, including a proceeding that
11-14 establishes child support.
11-15 Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR
11-16 RESCISSION. (a) After the period for rescission under Section
11-17 160.307 has expired, a signatory of an acknowledgment of paternity
11-18 or denial of paternity may commence a proceeding to challenge the
11-19 acknowledgment or denial only on the basis of fraud, duress, or
11-20 material mistake of fact. The proceeding must be commenced before
11-21 the fourth anniversary of the date the acknowledgment or denial is
11-22 filed with the bureau of vital statistics.
11-23 (b) A party challenging an acknowledgment of paternity or
11-24 denial of paternity has the burden of proof.
11-25 (c) Notwithstanding any other provision of this chapter, a
11-26 collateral attack on an acknowledgment of paternity signed under
11-27 this chapter may not be maintained after the fourth anniversary of
12-1 the date the acknowledgment of paternity is filed with the bureau
12-2 of vital statistics.
12-3 Sec. 160.309. PROCEDURE FOR RESCISSION OR CHALLENGE. (a)
12-4 Each signatory to an acknowledgment of paternity and any related
12-5 denial of paternity must be made a party to a proceeding to rescind
12-6 or challenge the acknowledgment or denial of paternity.
12-7 (b) For purposes of the rescission of or a challenge to an
12-8 acknowledgment of paternity or denial of paternity, a signatory
12-9 submits to the personal jurisdiction of this state by signing the
12-10 acknowledgment or denial. The jurisdiction is effective on the
12-11 filing of the document with the bureau of vital statistics.
12-12 (c) Except for good cause shown, while a proceeding is
12-13 pending to rescind or challenge an acknowledgment of paternity or a
12-14 denial of paternity, the court may not suspend the legal
12-15 responsibilities of a signatory arising from the acknowledgment,
12-16 including the duty to pay child support.
12-17 (d) A proceeding to rescind or to challenge an
12-18 acknowledgment of paternity or a denial of paternity shall be
12-19 conducted in the same manner as a proceeding to adjudicate
12-20 parentage under Subchapter G.
12-21 (e) At the conclusion of a proceeding to rescind or
12-22 challenge an acknowledgment of paternity or a denial of paternity,
12-23 the court shall order the bureau of vital statistics to amend the
12-24 birth record of the child, if appropriate.
12-25 Sec. 160.310. RATIFICATION BARRED. A court or administrative
12-26 agency conducting a judicial or administrative proceeding may not
12-27 ratify an unchallenged acknowledgment of paternity.
13-1 Sec. 160.311. FULL FAITH AND CREDIT. A court of this state
13-2 shall give full faith and credit to an acknowledgment of paternity
13-3 or a denial of paternity that is effective in another state if the
13-4 acknowledgment or denial has been signed and is otherwise in
13-5 compliance with the law of the other state.
13-6 Sec. 160.312. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
13-7 PATERNITY. (a) To facilitate compliance with this subchapter, the
13-8 bureau of vital statistics shall prescribe forms for the
13-9 acknowledgment of paternity and the denial of paternity.
13-10 (b) A valid acknowledgment of paternity or denial of
13-11 paternity is not affected by a later modification of the prescribed
13-12 form.
13-13 Sec. 160.313. RELEASE OF INFORMATION. The bureau of vital
13-14 statistics may release information relating to the acknowledgment
13-15 of paternity or denial of paternity to a signatory of the
13-16 acknowledgment or denial and to the courts and Title IV-D agency of
13-17 this or another state.
13-18 Sec. 160.314. ADOPTION OF RULES. The Title IV-D agency and
13-19 the bureau of vital statistics may adopt rules to implement this
13-20 subchapter.
13-21 Sec. 160.315. MEMORANDUM OF UNDERSTANDING. (a) The Title
13-22 IV-D agency and the bureau of vital statistics shall adopt a
13-23 memorandum of understanding governing the collection and transfer
13-24 of information for the voluntary acknowledgment of paternity.
13-25 (b) The Title IV-D agency and the bureau of vital statistics
13-26 shall review the memorandum semiannually and renew or modify the
13-27 memorandum as necessary.
14-1 (Sections 160.316-160.400 reserved for expansion
14-2 SUBCHAPTER E. REGISTRY OF PATERNITY
14-3 Sec. 160.401. ESTABLISHMENT OF REGISTRY. A registry of
14-4 paternity is established in the bureau of vital statistics.
14-5 Sec. 160.402. REGISTRATION FOR NOTIFICATION. (a) Except as
14-6 otherwise provided by Subsection (b), a man who desires to be
14-7 notified of a proceeding for the adoption of or the termination of
14-8 parental rights regarding a child that he may have fathered may
14-9 register with the registry of paternity:
14-10 (1) before the birth of the child; or
14-11 (2) not later than the 31st day after the date of the
14-12 birth of the child.
14-13 (b) A man is entitled to notice of a proceeding described by
14-14 Subsection (a) regardless of whether he registers with the registry
14-15 of paternity if:
14-16 (1) a father-child relationship between the man and
14-17 the child has been established under this chapter or another law;
14-18 or
14-19 (2) the man commences a proceeding to adjudicate his
14-20 paternity before the court has terminated his parental rights.
14-21 (c) A registrant shall promptly notify the registry in a
14-22 record of any change in the information provided by the registrant.
14-23 The bureau of vital statistics shall incorporate all new
14-24 information received into its records but is not required to
14-25 affirmatively seek to obtain current information for incorporation
14-26 in the registry.
14-27 Sec. 160.403. NOTICE OF PROCEEDING. Notice of a proceeding
15-1 to adopt or to terminate parental rights regarding a child must be
15-2 given to a registrant who has timely registered with regard to that
15-3 child. Notice must be given in a manner prescribed for service of
15-4 process in a civil action.
15-5 Sec. 160.404. TERMINATION OF PARENTAL RIGHTS: FAILURE TO
15-6 REGISTER. The parental rights of a man alleged to be the father of
15-7 a child may be terminated without notice as provided by Section
15-8 161.002 if the man:
15-9 (1) did not timely register with the bureau of vital
15-10 statistics; and
15-11 (2) is not entitled to notice under Section 160.402 or
15-12 161.002.
15-13 (Sections 160.405-160.410 reserved for expansion
15-14 Sec. 160.411. REQUIRED FORM. The bureau of vital statistics
15-15 shall adopt a form for registering with the registry. The form
15-16 must require the signature of the registrant. The form must state
15-17 that:
15-18 (1) the form is signed under penalty of perjury;
15-19 (2) a timely registration entitles the registrant to
15-20 notice of a proceeding for adoption of the child or for termination
15-21 of the registrant's parental rights;
15-22 (3) a timely registration does not commence a
15-23 proceeding to establish paternity;
15-24 (4) the information disclosed on the form may be used
15-25 against the registrant to establish paternity;
15-26 (5) services to assist in establishing paternity are
15-27 available to the registrant through the support enforcement agency;
16-1 (6) the registrant should also register in another
16-2 state if the conception or birth of the child occurred in the other
16-3 state;
16-4 (7) information on registries in other states is
16-5 available from the bureau of vital statistics; and
16-6 (8) procedures exist to rescind the registration of a
16-7 claim of paternity.
16-8 Sec. 160.412. FURNISHING OF INFORMATION; CONFIDENTIALITY.
16-9 (a) The bureau of vital statistics is not required to attempt to
16-10 locate the mother of a child who is the subject of a registration.
16-11 The bureau of vital statistics shall send a copy of the notice of
16-12 the registration to a mother who has provided an address.
16-13 (b) Information contained in the registry is confidential
16-14 and may be released on request only to:
16-15 (1) a court or a person designated by the court;
16-16 (2) the mother of the child who is the subject of the
16-17 registration;
16-18 (3) an agency authorized by another law to receive the
16-19 information;
16-20 (4) a licensed child-placing agency;
16-21 (5) a support enforcement agency;
16-22 (6) a party, or the party's attorney of record, to a
16-23 proceeding under this chapter or a proceeding to adopt or to
16-24 terminate parental rights regarding a child who is the subject of
16-25 the registration; and
16-26 (7) the registry of paternity in another state.
16-27 Sec. 160.413. OFFENSE: UNAUTHORIZED RELEASE OF INFORMATION.
17-1 (a) A person commits an offense if the person intentionally
17-2 releases information from the registry of paternity to another
17-3 person, including an agency, that is not authorized to receive the
17-4 information under Section 160.412.
17-5 (b) An offense under this section is a Class A misdemeanor.
17-6 Sec. 160.414. RESCISSION OF REGISTRATION. A registrant may
17-7 rescind his registration at any time by sending to the registry a
17-8 rescission in a record or another manner authenticated by him and
17-9 witnessed or notarized.
17-10 Sec. 160.415. UNTIMELY REGISTRATION. If a man registers
17-11 later than the 30th day after the date of the birth of the child,
17-12 the bureau of vital statistics shall notify the registrant that the
17-13 registration was not timely filed.
17-14 Sec. 160.416. FEES FOR REGISTRY. (a) A fee may not be
17-15 charged for filing a registration or to rescind a registration.
17-16 (b) Except as otherwise provided by Subsection (c), the
17-17 bureau of vital statistics may charge a reasonable fee for making a
17-18 search of the registry and for furnishing a certificate.
17-19 (c) A support enforcement agency is not required to pay a
17-20 fee authorized by Subsection (b).
17-21 (Sections 160.417-160.420 reserved for expansion
17-22 Sec. 160.421. SEARCH OF APPROPRIATE REGISTRY. (a) If a
17-23 father-child relationship has not been established under this
17-24 chapter, a petitioner for the adoption of or the termination of
17-25 parental rights regarding the child must obtain a certificate of
17-26 the results of a search of the registry.
17-27 (b) If the petitioner for the adoption of or the termination
18-1 of parental rights regarding a child has reason to believe that the
18-2 conception or birth of the child may have occurred in another
18-3 state, the petitioner must obtain a certificate of the results of a
18-4 search of the paternity registry, if any, in the other state.
18-5 Sec. 160.422. CERTIFICATE OF SEARCH OF REGISTRY. (a) The
18-6 bureau of vital statistics shall furnish a certificate of the
18-7 results of a search of the registry on request by an individual, a
18-8 court, or an agency listed in Section 160.412(b).
18-9 (b) The certificate of the results of a search must be
18-10 signed on behalf of the bureau and state that:
18-11 (1) a search has been made of the registry; and
18-12 (2) a registration containing the information required
18-13 to identify the registrant:
18-14 (A) has been found and is attached to the
18-15 certificate; or
18-16 (B) has not been found.
18-17 (c) A petitioner must file the certificate of the results of
18-18 a search of the registry with the court before a proceeding for the
18-19 adoption of or termination of parental rights regarding a child may
18-20 be concluded.
18-21 Sec. 160.423. ADMISSIBILITY OF CERTIFICATE. A certificate of
18-22 the results of a search of the registry in this state or of a
18-23 paternity registry in another state is admissible in a proceeding
18-24 for the adoption of or the termination of parental rights regarding
18-25 a child and, if relevant, in other legal proceedings.
18-26 (Sections 160.424-160.500 reserved for expansion
18-27 SUBCHAPTER F. GENETIC TESTING
19-1 Sec. 160.501. APPLICATION OF SUBCHAPTER. This subchapter
19-2 governs genetic testing of an individual to determine parentage,
19-3 regardless of whether the individual:
19-4 (1) voluntarily submits to testing; or
19-5 (2) is tested under an order of a court or a support
19-6 enforcement agency.
19-7 Sec. 160.502. ORDER FOR TESTING. (a) Except as otherwise
19-8 provided by this subchapter and by Subchapter G, a court shall
19-9 order a child and other designated individuals to submit to genetic
19-10 testing if the request is made by a party to a proceeding to
19-11 determine parentage.
19-12 (b) If a request for genetic testing of a child is made
19-13 before the birth of the child, the court or support enforcement
19-14 agency may not order in utero testing.
19-15 (c) If two or more men are subject to court-ordered genetic
19-16 testing, the testing may be ordered concurrently or sequentially.
19-17 Sec. 160.503. REQUIREMENTS FOR GENETIC TESTING. (a) Genetic
19-18 testing must be of a type reasonably relied on by experts in the
19-19 field of genetic testing. The testing must be performed in a
19-20 testing laboratory accredited by:
19-21 (1) the American Association of Blood Banks, or a
19-22 successor to its functions;
19-23 (2) the American Society for Histocompatibility and
19-24 Immunogenetics, or a successor to its functions; or
19-25 (3) an accrediting body designated by the federal
19-26 secretary of health and human services.
19-27 (b) A specimen used in genetic testing may consist of one or
20-1 more samples, or a combination of samples, of blood, buccal cells,
20-2 bone, hair, or other body tissue or fluid. The specimen used in
20-3 the testing is not required to be of the same kind for each
20-4 individual undergoing genetic testing.
20-5 (c) Based on the ethnic or racial group of an individual,
20-6 the testing laboratory shall determine the databases from which to
20-7 select frequencies for use in the calculation of the probability of
20-8 paternity of the individual. If there is disagreement as to the
20-9 testing laboratory's choice:
20-10 (1) the objecting individual may require the testing
20-11 laboratory, not later than the 30th day after the date of receipt
20-12 of the report of the test, to recalculate the probability of
20-13 paternity using an ethnic or racial group different from that used
20-14 by the laboratory;
20-15 (2) the individual objecting to the testing
20-16 laboratory's initial choice shall:
20-17 (A) if the frequencies are not available to the
20-18 testing laboratory for the ethnic or racial group requested,
20-19 provide the requested frequencies compiled in a manner recognized
20-20 by accrediting bodies; or
20-21 (B) engage another testing laboratory to perform
20-22 the calculations; and
20-23 (3) the testing laboratory may use its own statistical
20-24 estimate if there is a question regarding which ethnic or racial
20-25 group is appropriate and, if available, shall calculate the
20-26 frequencies using statistics for any other ethnic or racial group
20-27 requested.
21-1 (d) If, after recalculation using a different ethnic or
21-2 racial group, genetic testing does not rebuttably identify a man as
21-3 the father of a child under Section 160.505, an individual who has
21-4 been tested may be required to submit to additional genetic
21-5 testing.
21-6 Sec. 160.504. REPORT OF GENETIC TESTING. (a) A report of
21-7 the results of genetic testing must be in a record and signed under
21-8 penalty of perjury by a designee of the testing laboratory. A
21-9 report made under the requirements of this subchapter is
21-10 self-authenticating.
21-11 (b) Documentation from the testing laboratory is sufficient
21-12 to establish a reliable chain of custody that allows the results of
21-13 genetic testing to be admissible without testimony if the
21-14 documentation includes:
21-15 (1) the name and photograph of each individual whose
21-16 specimens have been taken;
21-17 (2) the name of each individual who collected the
21-18 specimens;
21-19 (3) the places in which the specimens were collected
21-20 and the date of each collection;
21-21 (4) the name of each individual who received the
21-22 specimens in the testing laboratory; and
21-23 (5) the dates the specimens were received.
21-24 Sec. 160.505. GENETIC TESTING RESULTS; REBUTTAL. (a) A man
21-25 is rebuttably identified as the father of a child under this
21-26 chapter if the genetic testing complies with this subchapter and
21-27 the results disclose:
22-1 (1) that the man has at least a 99 percent probability
22-2 of paternity, using a prior probability of 0.5, as calculated by
22-3 using the combined paternity index obtained in the testing; and
22-4 (2) a combined paternity index of at least 100 to 1.
22-5 (b) A man identified as the father of a child under
22-6 Subsection (a) may rebut the genetic testing results only by
22-7 producing other genetic testing satisfying the requirements of this
22-8 subchapter that:
22-9 (1) excludes the man as a genetic father of the child;
22-10 or
22-11 (2) identifies another man as the possible father of
22-12 the child.
22-13 (c) Except as otherwise provided by Section 160.510, if more
22-14 than one man is identified by genetic testing as the possible
22-15 father of the child, the court shall order each man to submit to
22-16 further genetic testing to identify the genetic father.
22-17 Sec. 160.506. COSTS OF GENETIC TESTING. (a) Subject to the
22-18 assessment of costs under Subchapter G, the cost of initial genetic
22-19 testing must be advanced:
22-20 (1) by a support enforcement agency, if the agency is
22-21 providing services in the proceeding;
22-22 (2) by the individual who made the request;
22-23 (3) as agreed by the parties; or
22-24 (4) as ordered by the court.
22-25 (b) In cases in which the cost of genetic testing is
22-26 advanced by the support enforcement agency, the agency may seek
22-27 reimbursement from a man who is rebuttably identified as the
23-1 father.
23-2 Sec. 160.507. ADDITIONAL GENETIC TESTING. The court or the
23-3 support enforcement agency shall order additional genetic testing
23-4 on the request of a party who contests the result of the original
23-5 testing. If the previous genetic testing identified a man as the
23-6 father of the child under Section 160.505, the court or agency may
23-7 not order additional testing unless the party provides advance
23-8 payment for the testing.
23-9 Sec. 160.508. GENETIC TESTING WHEN ALL INDIVIDUALS NOT
23-10 AVAILABLE. (a) Subject to Subsection (b), if a genetic testing
23-11 specimen for good cause and under circumstances the court considers
23-12 to be just is not available from a man who may be the father of a
23-13 child, a court may order the following individuals to submit
23-14 specimens for genetic testing:
23-15 (1) the parents of the man;
23-16 (2) any brothers or sisters of the man;
23-17 (3) any other children of the man and their mothers;
23-18 and
23-19 (4) other relatives of the man necessary to complete
23-20 genetic testing.
23-21 (b) A court may not render an order under this section
23-22 unless the court finds that the need for genetic testing outweighs
23-23 the legitimate interests of the individual sought to be tested.
23-24 Sec. 160.509. DECEASED INDIVIDUAL. For good cause shown, the
23-25 court may order genetic testing of a deceased individual.
23-26 Sec. 160.510. IDENTICAL BROTHERS. (a) The court may order
23-27 genetic testing of a brother of a man identified as the father of a
24-1 child if the man is commonly believed to have an identical brother
24-2 and evidence suggests that the brother may be the genetic father of
24-3 the child.
24-4 (b) If each brother satisfies the requirements of Section
24-5 160.505 for being the identified father of the child and there is
24-6 not another identical brother being identified as the father of the
24-7 child, the court may rely on nongenetic evidence to adjudicate
24-8 which brother is the father of the child.
24-9 Sec. 160.511. OFFENSE: UNAUTHORIZED RELEASE OF SPECIMEN. (a)
24-10 A person commits an offense if the person intentionally releases an
24-11 identifiable specimen of another person for any purpose not
24-12 relevant to the parentage proceeding and without a court order or
24-13 the written permission of the person who furnished the specimen.
24-14 (b) An offense under this section is a Class A misdemeanor.
24-15 (Sections 160.512-160.600 reserved for expansion
24-16 SUBCHAPTER G. PROCEEDING TO ADJUDICATE PARENTAGE
24-17 Sec. 160.601. PROCEEDING AUTHORIZED; RULES OF PROCEDURE.
24-18 (a) A civil proceeding may be maintained to adjudicate the
24-19 parentage of a child.
24-20 (b) The proceeding is governed by the Texas Rules of Civil
24-21 Procedure.
24-22 Sec. 160.602. STANDING TO MAINTAIN PROCEEDING. Subject to
24-23 Subchapter D and Sections 160.607 and 160.609, a proceeding to
24-24 adjudicate parentage may be maintained by:
24-25 (1) the child;
24-26 (2) the mother of the child;
24-27 (3) a man whose paternity of the child is to be
25-1 adjudicated;
25-2 (4) the support enforcement agency or another
25-3 government agency authorized by other law;
25-4 (5) an authorized adoption agency or licensed
25-5 child-placing agency;
25-6 (6) a representative authorized by law to act for an
25-7 individual who would otherwise be entitled to maintain a proceeding
25-8 but who is deceased, is incapacitated, or is a minor; or
25-9 (7) a person related within the second degree by
25-10 consanguinity to the mother of the child, if the mother is
25-11 deceased.
25-12 Sec. 160.603. NECESSARY PARTIES TO PROCEEDING. The following
25-13 individuals must be joined as parties in a proceeding to adjudicate
25-14 parentage:
25-15 (1) the mother of the child; and
25-16 (2) a man whose paternity of the child is to be
25-17 adjudicated.
25-18 Sec. 160.604. PERSONAL JURISDICTION. (a) An individual may
25-19 not be adjudicated to be a parent unless the court has personal
25-20 jurisdiction over the individual.
25-21 (b) A court of this state having jurisdiction to adjudicate
25-22 parentage may exercise personal jurisdiction over a nonresident
25-23 individual or the guardian or conservator of the individual if the
25-24 conditions in Section 159.201 are satisfied.
25-25 (c) Lack of jurisdiction over one individual does not
25-26 preclude the court from making an adjudication of parentage binding
25-27 on another individual over whom the court has personal
26-1 jurisdiction.
26-2 Sec. 160.605. VENUE. Venue for a proceeding to adjudicate
26-3 parentage is in the county of this state in which:
26-4 (1) the child resides or is found;
26-5 (2) the respondent resides or is found if the child
26-6 does not reside in this state; or
26-7 (3) a proceeding for probate or administration of the
26-8 presumed or alleged father's estate has been commenced.
26-9 Sec. 160.606. NO TIME LIMITATION: CHILD HAVING NO PRESUMED,
26-10 ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate the
26-11 parentage of a child having no presumed, acknowledged, or
26-12 adjudicated father may be commenced at any time, including after
26-13 the date:
26-14 (1) the child becomes an adult; or
26-15 (2) an earlier proceeding to adjudicate paternity has
26-16 been dismissed based on the application of a statute of limitation
26-17 then in effect.
26-18 Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED
26-19 FATHER. (a) Except as otherwise provided by Subsection (b), a
26-20 proceeding brought by a presumed father, the mother, or another
26-21 individual to adjudicate the parentage of a child having a presumed
26-22 father shall be commenced not later than the fourth anniversary of
26-23 the date of the birth of the child.
26-24 (b) A proceeding seeking to disprove the father-child
26-25 relationship between a child and the child's presumed father may be
26-26 maintained at any time if the court determines that:
26-27 (1) the presumed father and the mother of the child
27-1 did not live together or engage in sexual intercourse with each
27-2 other during the probable time of conception; and
27-3 (2) the presumed father never openly treated the child
27-4 as his own.
27-5 Sec. 160.608. AUTHORITY TO DENY MOTION FOR GENETIC TESTING.
27-6 (a) In a proceeding to adjudicate parentage under circumstances
27-7 described by Section 160.607, a court may deny a motion for an
27-8 order for the genetic testing of the mother, the child, and the
27-9 presumed father if the court determines that:
27-10 (1) the conduct of the mother or the presumed father
27-11 estops that party from denying parentage; and
27-12 (2) it would be inequitable to disprove the
27-13 father-child relationship between the child and the presumed
27-14 father.
27-15 (b) In determining whether to deny a motion for an order for
27-16 genetic testing under this section, the court shall consider the
27-17 best interest of the child, including the following factors:
27-18 (1) the length of time between the date of the
27-19 proceeding to adjudicate parentage and the date the presumed father
27-20 was placed on notice that he might not be the genetic father;
27-21 (2) the length of time during which the presumed
27-22 father has assumed the role of father of the child;
27-23 (3) the facts surrounding the presumed father's
27-24 discovery of his possible nonpaternity;
27-25 (4) the nature of the relationship between the child
27-26 and the presumed father;
27-27 (5) the age of the child;
28-1 (6) any harm that may result to the child if presumed
28-2 paternity is successfully disproved;
28-3 (7) the nature of the relationship between the child
28-4 and the alleged father;
28-5 (8) the extent to which the passage of time reduces
28-6 the chances of establishing the paternity of another man and a
28-7 child support obligation in favor of the child; and
28-8 (9) other factors that may affect the equities arising
28-9 from the disruption of the father-child relationship between the
28-10 child and the presumed father or the chance of other harm to the
28-11 child.
28-12 (c) In a proceeding involving the application of this
28-13 section, a child who is a minor or is incapacitated must be
28-14 represented by a guardian ad litem.
28-15 (d) A denial of a motion for an order for genetic testing
28-16 must be based on clear and convincing evidence.
28-17 (e) If the court denies a motion for an order for genetic
28-18 testing, the court shall issue an order adjudicating the presumed
28-19 father to be the father of the child.
28-20 Sec. 160.609. TIME LIMITATION: CHILD HAVING ACKNOWLEDGED
28-21 OR ADJUDICATED FATHER. (a) If a child has an acknowledged father,
28-22 a signatory to the acknowledgment or denial of paternity may
28-23 commence a proceeding seeking to rescind the acknowledgment or
28-24 denial or to challenge the paternity of the child only within the
28-25 time allowed under Section 160.307 or 160.308.
28-26 (b) If a child has an acknowledged father or an adjudicated
28-27 father, an individual, other than the child, who is not a signatory
29-1 to the acknowledgment or a party to the adjudication and who seeks
29-2 an adjudication of paternity of the child must commence a
29-3 proceeding not later than the fourth anniversary of the effective
29-4 date of the acknowledgment or adjudication.
29-5 Sec. 160.610. JOINDER OF PROCEEDINGS. (a) Except as
29-6 provided by Subsection (b), a proceeding to adjudicate parentage
29-7 may be joined with a proceeding for adoption, termination of
29-8 parental rights, possession of or access to a child, child support,
29-9 divorce, annulment, or probate or administration of an estate or
29-10 another appropriate proceeding.
29-11 (b) A respondent may not join a proceeding described by
29-12 Subsection (a) with a proceeding to adjudicate parentage brought
29-13 under Chapter 159.
29-14 Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding to
29-15 determine parentage commenced before the birth of the child may not
29-16 be concluded until after the birth of the child.
29-17 (b) In a proceeding described by Subsection (a), the
29-18 following actions may be taken before the birth of the child:
29-19 (1) service of process;
29-20 (2) discovery; and
29-21 (3) except as prohibited by Section 160.502,
29-22 collection of specimens for genetic testing.
29-23 Sec. 160.612. CHILD AS PARTY; REPRESENTATION. (a) A minor
29-24 child is a permissible party, but is not a necessary party to a
29-25 proceeding under this subchapter.
29-26 (b) The court shall appoint an attorney ad litem to
29-27 represent a child who is a minor or is incapacitated if the child
30-1 is a party or the court finds that the interests of the child are
30-2 not adequately represented.
30-3 (Sections 160.613-160.620 reserved for expansion
30-4 Sec. 160.621. ADMISSIBILITY OF RESULTS OF GENETIC TESTING;
30-5 EXPENSES. (a) Except as otherwise provided by Subsection (c), a
30-6 report of a genetic testing expert is admissible as evidence of the
30-7 truth of the facts asserted in the report. The admissibility of
30-8 the report is not affected by whether the testing was performed:
30-9 (1) voluntarily or under an order of the court or a
30-10 support enforcement agency; or
30-11 (2) before or after the date of commencement of the
30-12 proceeding.
30-13 (b) A party objecting to the results of genetic testing may
30-14 call one or more genetic testing experts to testify in person or by
30-15 telephone, videoconference, deposition, or another method approved
30-16 by the court. Unless otherwise ordered by the court, the party
30-17 offering the testimony bears the expense for the expert testifying.
30-18 (c) If a child has a presumed, acknowledged, or adjudicated
30-19 father, the results of genetic testing are inadmissible to
30-20 adjudicate parentage unless performed:
30-21 (1) with the consent of both the mother and the
30-22 presumed, acknowledged, or adjudicated father; or
30-23 (2) under an order of the court under Section 160.502.
30-24 (d) Copies of bills for genetic testing and for prenatal and
30-25 postnatal health care for the mother and child that are furnished
30-26 to the adverse party on or before the 10th day before the date of a
30-27 hearing are admissible to establish:
31-1 (1) the amount of the charges billed; and
31-2 (2) that the charges were reasonable, necessary, and
31-3 customary.
31-4 Sec. 160.622. CONSEQUENCES OF DECLINING GENETIC TESTING. (a)
31-5 An order for genetic testing is enforceable by contempt.
31-6 (b) A court may adjudicate parentage contrary to the
31-7 position of an individual whose paternity is being determined on
31-8 the grounds that the individual declines to submit to genetic
31-9 testing as ordered by the court.
31-10 (c) Genetic testing of the mother of a child is not a
31-11 prerequisite to testing the child and a man whose paternity is
31-12 being determined. If the mother is unavailable or declines to
31-13 submit to genetic testing, the court may order the testing of the
31-14 child and each man whose paternity is being adjudicated.
31-15 Sec. 160.623. ADMISSION OF PATERNITY AUTHORIZED. (a) A
31-16 respondent in a proceeding to adjudicate parentage may admit to the
31-17 paternity of a child by filing a pleading to that effect or by
31-18 admitting paternity under penalty of perjury when making an
31-19 appearance or during a hearing.
31-20 (b) If the court finds that the admission of paternity
31-21 satisfies the requirements of this section and that there is no
31-22 reason to question the admission, the court shall render an order
31-23 adjudicating the child to be the child of the man admitting
31-24 paternity.
31-25 Sec. 160.624. TEMPORARY ORDER. (a) In a proceeding under
31-26 this subchapter, the court shall render a temporary order for child
31-27 support for a child if the order is appropriate and the individual
32-1 ordered to pay child support:
32-2 (1) is a presumed father of the child;
32-3 (2) is petitioning to have his paternity adjudicated;
32-4 (3) is identified as the father through genetic
32-5 testing under Section 160.505;
32-6 (4) is an alleged father who has declined to submit to
32-7 genetic testing;
32-8 (5) is shown by clear and convincing evidence to be
32-9 the father of the child; or
32-10 (6) is the mother of the child.
32-11 (b) A temporary order may include provisions for the
32-12 possession of or access to the child as provided by other laws of
32-13 this state.
32-14 (Sections 160.625-160.630 reserved for expansion
32-15 Sec. 160.631. RULES FOR ADJUDICATION OF PATERNITY. (a) The
32-16 court shall apply the rules stated in this section to adjudicate
32-17 the paternity of a child.
32-18 (b) The paternity of a child having a presumed,
32-19 acknowledged, or adjudicated father may be disproved only by
32-20 admissible results of genetic testing excluding that man as the
32-21 father of the child or identifying another man as the father of the
32-22 child.
32-23 (c) Unless the results of genetic testing are admitted to
32-24 rebut other results of genetic testing, the man identified as the
32-25 father of a child under Section 160.505 shall be adjudicated as
32-26 being the father of the child.
32-27 (d) Unless the results of genetic testing are admitted to
33-1 rebut other results of genetic testing, a man excluded as the
33-2 father of a child by genetic testing shall be adjudicated as not
33-3 being the father of the child.
33-4 (e) If the court finds that genetic testing under Section
33-5 160.505 does not identify or exclude a man as the father of a
33-6 child, the court may not dismiss the proceeding. In that event, the
33-7 results of genetic testing and other evidence are admissible to
33-8 adjudicate the issue of paternity.
33-9 Sec. 160.632. JURY PROHIBITED. The court shall adjudicate
33-10 paternity of a child without a jury.
33-11 Sec. 160.633. HEARINGS; INSPECTION OF RECORDS. (a) On the
33-12 request of a party and for good cause shown, the court may order a
33-13 proceeding under this subchapter closed to the public.
33-14 (b) A final order in a proceeding under this subchapter is
33-15 available for public inspection. Other papers and records are
33-16 available only with the consent of the parties or on order of the
33-17 court for good cause.
33-18 Sec. 160.634. ORDER ON DEFAULT. The court shall issue an
33-19 order adjudicating the paternity of a man who:
33-20 (1) after service of process, is in default; and
33-21 (2) is found by the court to be the father of a child.
33-22 Sec. 160.635. DISMISSAL FOR WANT OF PROSECUTION. The court
33-23 may issue an order dismissing a proceeding commenced under this
33-24 chapter for want of prosecution only without prejudice. An order
33-25 of dismissal for want of prosecution purportedly with prejudice is
33-26 void and has only the effect of a dismissal without prejudice.
33-27 Sec. 160.636. ORDER ADJUDICATING PARENTAGE; COSTS. (a) The
34-1 court shall render an order adjudicating whether a man alleged or
34-2 claiming to be the father is the parent of the child.
34-3 (b) An order adjudicating parentage must identify the child
34-4 by name and date of birth.
34-5 (c) Except as otherwise provided by Subsection (d), the
34-6 court may assess filing fees, reasonable attorney's fees, fees for
34-7 genetic testing, other costs, and necessary travel and other
34-8 reasonable expenses incurred in a proceeding under this subchapter.
34-9 Attorney's fees awarded by the court may be paid directly to the
34-10 attorney. An attorney who is awarded attorney's fees may enforce
34-11 the order in the attorney's own name.
34-12 (d) The court may not assess fees, costs, or expenses
34-13 against the support enforcement agency of this state or another
34-14 state, except as provided by other law.
34-15 (e) On request of a party and for good cause shown, the
34-16 court may order that the name of the child be changed.
34-17 (f) If the order of the court is at variance with the
34-18 child's birth certificate, the court shall order the bureau of
34-19 vital statistics to issue an amended birth record.
34-20 (g) On a finding of parentage, the court may order
34-21 retroactive child support as provided by Chapter 154 and, on a
34-22 proper showing, order a party to pay an equitable portion of all of
34-23 the prenatal and postnatal health care expenses of the mother and
34-24 the child.
34-25 (h) In rendering an order for retroactive child support
34-26 under this section, the court shall use the child support
34-27 guidelines provided by Chapter 154, together with any relevant
35-1 factors.
35-2 Sec. 160.637. BINDING EFFECT OF DETERMINATION OF PARENTAGE.
35-3 (a) Except as otherwise provided by Subsection (b), a
35-4 determination of parentage is binding on:
35-5 (1) all signatories to an acknowledgment or denial of
35-6 paternity as provided by Subchapter D; and
35-7 (2) all parties to an adjudication by a court acting
35-8 under circumstances that satisfy the jurisdictional requirements of
35-9 Section 159.201.
35-10 (b) A child is not bound by a determination of parentage
35-11 under this chapter unless:
35-12 (1) the determination was based on an unrescinded
35-13 acknowledgment of paternity and the acknowledgment is consistent
35-14 with the results of genetic testing;
35-15 (2) the adjudication of parentage was based on a
35-16 finding consistent with the results of genetic testing and the
35-17 consistency is declared in the determination or is otherwise shown;
35-18 or
35-19 (3) the child was a party or was represented in the
35-20 proceeding determining parentage by an attorney ad litem.
35-21 (c) In a proceeding to dissolve a marriage, the court is
35-22 considered to have made an adjudication of the parentage of a child
35-23 if the court acts under circumstances that satisfy the
35-24 jurisdictional requirements of Section 159.201, and the final
35-25 order:
35-26 (1) expressly identifies the child as "a child of the
35-27 marriage" or "issue of the marriage" or uses similar words
36-1 indicating that the husband is the father of the child; or
36-2 (2) provides for the payment of child support for the
36-3 child by the husband unless paternity is specifically disclaimed in
36-4 the order.
36-5 (d) Except as otherwise provided by Subsection (b), a
36-6 determination of parentage may be a defense in a subsequent
36-7 proceeding seeking to adjudicate parentage by an individual who was
36-8 not a party to the earlier proceeding.
36-9 (e) A party to an adjudication of paternity may challenge
36-10 the adjudication only under the laws of this state relating to
36-11 appeal, the vacating of judgments, or other judicial review.
36-12 (Sections 160.638-160.700 reserved for expansion
36-13 SUBCHAPTER H. CHILD OF ASSISTED REPRODUCTION
36-14 Sec. 160.701. SCOPE OF SUBCHAPTER. This subchapter applies
36-15 only to a child conceived by means of assisted reproduction.
36-16 Sec. 160.702. PARENTAL STATUS OF DONOR. A donor is not a
36-17 parent of a child conceived by means of assisted reproduction.
36-18 Sec. 160.703. HUSBAND'S PATERNITY OF CHILD OF ASSISTED
36-19 REPRODUCTION. If a husband provides sperm for or consents to
36-20 assisted reproduction by his wife as provided by Section 160.704,
36-21 he is the father of a resulting child.
36-22 Sec. 160.704. CONSENT TO ASSISTED REPRODUCTION. (a) Consent
36-23 by a married woman to assisted reproduction must be in a record
36-24 signed by the woman and her husband. This requirement does not
36-25 apply to the donation of eggs by a married woman for assisted
36-26 reproduction by another woman.
36-27 (b) Failure by the husband to sign a consent required by
37-1 Subsection (a) before or after the birth of the child does not
37-2 preclude a finding that the husband is the father of a child born
37-3 to his wife if the wife and husband openly treated the child as
37-4 their own.
37-5 Sec. 160.705. LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY.
37-6 (a) Except as otherwise provided by Subsection (b), the husband of
37-7 a wife who gives birth to a child by means of assisted reproduction
37-8 may not challenge his paternity of the child unless:
37-9 (1) before the fourth anniversary of the date of
37-10 learning of the birth of the child he commences a proceeding to
37-11 adjudicate his paternity; and
37-12 (2) the court finds that he did not consent to the
37-13 assisted reproduction before or after the birth of the child.
37-14 (b) A proceeding to adjudicate paternity may be maintained
37-15 at any time if the court determines that:
37-16 (1) the husband did not provide sperm for or, before
37-17 or after the birth of the child, consent to assisted reproduction
37-18 by his wife;
37-19 (2) the husband and the mother of the child have not
37-20 cohabited since the probable time of assisted reproduction; and
37-21 (3) the husband never openly treated the child as his
37-22 own.
37-23 (c) The limitations provided by this section apply to a
37-24 marriage declared invalid after assisted reproduction.
37-25 Sec. 160.706. EFFECT OF DISSOLUTION OF MARRIAGE. (a) If a
37-26 marriage is dissolved before the placement of eggs, sperm, or
37-27 embryos, the former spouse is not a parent of the resulting child
38-1 unless the former spouse consented in a record that if assisted
38-2 reproduction were to occur after a divorce the former spouse would
38-3 be a parent of the child.
38-4 (b) The consent of a former spouse to assisted reproduction
38-5 may be withdrawn by that individual in a record at any time before
38-6 the placement of eggs, sperm, or embryos.
38-7 Sec. 160.707. PARENTAL STATUS OF DECEASED SPOUSE. If a
38-8 spouse dies before the placement of eggs, sperm, or embryos, the
38-9 deceased spouse is not a parent of the resulting child unless the
38-10 deceased spouse consented in a record that if assisted reproduction
38-11 were to occur after death the deceased spouse would be a parent of
38-12 the child. [Sec. 160.001. APPLICABILITY. This chapter governs a
38-13 suit affecting the parent-child relationship in which the parentage
38-14 of the biological mother or biological father is:]
38-15 [(1) sought to be adjudicated;]
38-16 [(2) voluntarily admitted by the putative father; or]
38-17 [(3) jointly acknowledged by the mother and putative
38-18 father.]
38-19 [Sec. 160.002. TIME IN WHICH TO BRING SUIT TO DETERMINE
38-20 PARENTAGE. (a) A suit affecting the parent-child relationship to
38-21 determine parentage under Subchapter B may be brought before the
38-22 birth of the child, but must be brought on or before the second
38-23 anniversary of the date the child becomes an adult, or the suit is
38-24 barred.]
38-25 [(b) This section applies to a child for whom a parentage
38-26 suit was brought but dismissed because a statute of limitations of
38-27 less than 18 years was then in effect.]
39-1 [Sec. 160.003. NECESSARY PARTY: REPRESENTATION OF CHILD.
39-2 (a) The child is not a necessary party to a suit under this
39-3 chapter.]
39-4 [(b) It is rebuttably presumed in a trial on the merits
39-5 before a judge or jury that the interests of the child will be
39-6 adequately represented by the party bringing suit to determine
39-7 parentage of the child. If the court finds that the interests of
39-8 the child will not be adequately represented by a party to the suit
39-9 or are adverse to that party, the court shall appoint an attorney
39-10 ad litem to represent the child.]
39-11 [(c) The child shall be represented in a settlement
39-12 agreement, dismissal, or nonsuit by a guardian ad litem or an
39-13 attorney ad litem appointed by the court, unless the court finds on
39-14 the record that the interests of the child will be adequately
39-15 represented by a party to the suit or are not adverse to that
39-16 party, and that the court approves the settlement agreement,
39-17 dismissal, or nonsuit.]
39-18 [Sec. 160.004. TEMPORARY ORDERS. The court may render a
39-19 temporary order authorized in a suit under this title, including an
39-20 order for temporary support of a child, if the person ordered to
39-21 pay support:]
39-22 [(1) is a presumed parent under Chapter 151;]
39-23 [(2) is an alleged father petitioning to have his
39-24 paternity adjudicated or who admits paternity in pleadings filed
39-25 with the court;]
39-26 [(3) is found by the court at the pretrial conference
39-27 authorized by this chapter not to be excluded as the biological
40-1 father of the child, with the court finding that at least 99
40-2 percent of the male population is excluded from being the
40-3 biological father of the child; or]
40-4 [(4) executed a statement or acknowledgment of
40-5 paternity under Subchapter C.]
40-6 [Sec. 160.005. CONSERVATORSHIP, SUPPORT, AND PAYMENTS. (a)
40-7 In a suit in which a determination of parentage is sought, the
40-8 court may provide for the managing and possessory conservatorship
40-9 and support of and access to the child.]
40-10 [(b) On a finding of parentage, the court may order support
40-11 retroactive to the time of the birth of the child and, on a proper
40-12 showing, may order a party to pay an equitable portion of all
40-13 prenatal and postnatal health care expenses of the mother and
40-14 child.]
40-15 [(c) In making an order for retroactive child support under
40-16 this section, the court shall use the child support guidelines
40-17 provided by Chapter 154 together with any relevant factors.]
40-18 [Sec. 160.006. FINAL ORDER REGARDING PARENTAGE. (a) On a
40-19 verdict of the jury, or on a finding of the court if there is no
40-20 jury, the court shall render a final order declaring whether an
40-21 alleged parent is the biological parent of the child.]
40-22 [(b) The effect of an order declaring that an alleged parent
40-23 is the biological parent of the child is to confirm or create the
40-24 parent-child relationship between the parent and the child for all
40-25 purposes.]
40-26 [(c) If parentage is established, the order shall state the
40-27 name of the child.]
41-1 [Sec. 160.007. SUIT BARRED. (a) Except as provided by
41-2 Subsection (b), a suit under this chapter with respect to a child
41-3 is barred if final judgment has been rendered by a court of
41-4 competent jurisdiction:]
41-5 [(1) adjudicating a named individual to be the
41-6 biological father of the child; or]
41-7 [(2) terminating the parent-child relationship between
41-8 the child and each living parent of the child; or]
41-9 [(3) granting a petition for the adoption of the
41-10 child.]
41-11 [(b) During the pendency of an appeal or direct attack on a
41-12 judgment described by Subsection (a), a suit under this chapter may
41-13 be filed but shall, on motion of a party, be stayed pending the
41-14 final disposition of the appeal or direct attack on the judgment.]
41-15 [SUBCHAPTER B. PARENTAGE SUIT]
41-16 [Sec. 160.101. DENIAL OF PATERNITY. (a) The presumption
41-17 that a man is the biological father of a child under Chapter 151
41-18 may be contested by:]
41-19 [(1) the biological mother of the child;]
41-20 [(2) a person related within the second degree of
41-21 consanguinity to the biological mother of the child, if the
41-22 biological mother of the child is deceased;]
41-23 [(3) a man presumed to be the father of the child, who
41-24 may contest his own or another man's presumed paternity;]
41-25 [(4) a man alleging himself to be the biological
41-26 father of the child; or]
41-27 [(5) a governmental entity, authorized agency, or a
42-1 licensed child-placing agency.]
42-2 [(b) A contest of paternity must be raised by an express
42-3 statement denying paternity of the child in a party's pleadings in
42-4 the suit, without regard to whether the presumed father or
42-5 biological mother is a petitioner or respondent.]
42-6 [(c) In a suit in which a question of paternity is raised,
42-7 the court shall conduct the pretrial proceedings and order
42-8 scientifically accepted paternity testing as provided by this
42-9 chapter.]
42-10 [Sec. 160.102. ORDER FOR PARENTAGE TESTING. (a) When the
42-11 respondent appears in a parentage suit, the court shall order the
42-12 mother, an alleged father, and the child to submit to the taking of
42-13 blood, body fluid, or tissue samples for the purpose of
42-14 scientifically accepted parentage testing.]
42-15 [(b) If the respondent fails to appear and wholly defaults
42-16 or if the allegation of parentage is admitted, the court may waive
42-17 parentage testing.]
42-18 [Sec. 160.103. REQUIREMENTS OF TESTING. The court shall
42-19 require in its order testing necessary to ascertain the possibility
42-20 of an alleged father's paternity and shall require that the tests
42-21 exclude at least 99 percent of the male population from the
42-22 possibility of being the father of the child, except that the court
42-23 shall permit the omission of any further testing if the testing has
42-24 been conducted sufficiently to establish that an alleged father is
42-25 not the father of the child, or if the costs of testing have
42-26 reached an amount that the court determines to be the greatest
42-27 amount that may reasonably be borne by one or more parties to the
43-1 suit. If the appearance is before the birth of the child, the
43-2 court shall order the taking of blood, body fluid, or tissue
43-3 samples to be made as soon as medically practical after the birth.]
43-4 [Sec. 160.104. APPOINTMENT OF EXPERTS. (a) The court shall:]
43-5 [(1) appoint one or more experts qualified in
43-6 parentage testing to perform the tests;]
43-7 [(2) determine the number and qualifications of the
43-8 experts; and]
43-9 [(3) prescribe the arrangements for conducting the
43-10 tests.]
43-11 [(b) The court may:]
43-12 [(1) order a reasonable fee for each court-appointed
43-13 expert; and]
43-14 [(2) require the fee to be paid by any or all of the
43-15 parties in the amounts and in the manner directed or tax all, part,
43-16 or none of the fee as costs in the suit.]
43-17 [(c) A party may employ other experts qualified in parentage
43-18 testing. The court may order blood, body fluid, or tissue samples
43-19 made available to these experts if requested.]
43-20 [Sec. 160.105. PRETRIAL CONFERENCE. (a) After completion of
43-21 parentage testing, the court shall order all parties to appear,
43-22 either in person or by attorney, at a pretrial conference.]
43-23 [(b) Either party may call a parentage testing expert to
43-24 testify in person or by deposition about the expert's tests and
43-25 findings.]
43-26 [(c) A witness at a pretrial conference is governed by the
43-27 Texas Rules of Civil Evidence.]
44-1 [(d) A verified written report of a parentage testing expert
44-2 is admissible at the pretrial conference as evidence of the truth
44-3 of the matters it contains.]
44-4 [(e) All evidence admitted at the pretrial conference is a
44-5 part of the record of the case.]
44-6 [(f) Parentage test results offered at a pretrial conference
44-7 are admissible as evidence if the tests were conducted under a
44-8 court order or by agreement without regard to whether the tests
44-9 were performed before or after the filing of a suit.]
44-10 [Sec. 160.106. EFFECT OF PARENTAGE TESTS. (a) At the
44-11 conclusion of the pretrial conference, if the court finds that the
44-12 tests show by clear and convincing evidence that an alleged or
44-13 presumed father is not the father of the child, the court shall
44-14 dismiss with prejudice the parentage suit as to that man.]
44-15 [(b) If the court finds that the parentage tests do not
44-16 exclude an alleged father as the father of the child, the court
44-17 shall set the suit for trial.]
44-18 [(c) If the court finds that at least 99 percent of the male
44-19 population is excluded by the tests and that an alleged father is
44-20 not excluded from the possibility of being the child's father, the
44-21 burden of proof at trial is on the party opposing the establishment
44-22 of the alleged father's parentage.]
44-23 [Sec. 160.107. EFFECT OF REFUSING PARENTAGE TESTING. (a) An
44-24 order for parentage testing is enforceable by contempt and:]
44-25 [(1) if the petitioner is the mother or an alleged
44-26 father and refuses to submit to parentage testing, the court may
44-27 dismiss the suit; or]
45-1 [(2) if a party refuses to submit to court-ordered
45-2 parentage testing, on proof sufficient to render a default judgment
45-3 the court may resolve the question of parentage against that party.]
45-4 [(b) If a parent or an alleged parent refuses to submit to
45-5 parentage testing, the fact of refusal may be introduced as
45-6 evidence as provided by this subchapter.]
45-7 [Sec. 160.108. PREFERENTIAL TRIAL SETTING. (a) In a suit
45-8 provided by this chapter, after a hearing the court shall grant a
45-9 motion for a preferential setting for trial on the merits filed by
45-10 a party to the suit or by the attorney or guardian ad litem for the
45-11 child. The court shall give precedence to that trial over other
45-12 civil cases if discovery has been completed or sufficient time has
45-13 elapsed since the filing of the suit for the completion of all
45-14 necessary and reasonable discovery if diligently pursued.]
45-15 [(b) The provisions of this section regarding preferential
45-16 setting apply to trial on the merits without regard to whether the
45-17 suit is set for a trial before the court or before a jury.]
45-18 [Sec. 160.109. EVIDENCE AT TRIAL. (a) A party may call a
45-19 parentage testing expert to testify at the trial in person or by
45-20 deposition.]
45-21 [(b) A verified written report of a parentage testing expert
45-22 is admissible at the trial as evidence of the truth of the matters
45-23 it contains.]
45-24 [(c) If the parentage tests show the possibility of an
45-25 alleged father's paternity, the court shall admit this evidence if
45-26 offered at the trial.]
45-27 [(d) Parentage test results offered at the trial shall be
46-1 admissible as evidence if the tests were conducted under court
46-2 order or by agreement, without regard to whether the tests were
46-3 performed before or after the filing of a suit.]
46-4 [(e) The party seeking to establish an alleged father's
46-5 paternity retains the right to open and close at trial without
46-6 regard to whether the court has shifted the burden of proof to the
46-7 opposing party.]
46-8 [(f) If a copy is provided to the adverse party and to the
46-9 court at the pretrial conference, submission of a copy of a medical
46-10 bill for the prenatal and postnatal health care expenses of the
46-11 mother and child or for charges directly related to the parentage
46-12 testing constitutes a prima facie showing that the charges are
46-13 reasonable, necessary, and customary and may be admitted as
46-14 evidence of the truth of the matters stated in the bill.]
46-15 [Sec. 160.110. PRESUMPTIONS; BURDEN OF PROOF. (a) In a suit
46-16 in which there is a presumption of parentage under Chapter 151, the
46-17 party denying a presumed father's paternity of the child has the
46-18 burden of rebutting the presumption of paternity by clear and
46-19 convincing evidence.]
46-20 [(b) If the parentage tests show the possibility of an
46-21 alleged father's paternity and that at least 99 percent of the male
46-22 population is excluded from the possibility of being the father,
46-23 evidence of these facts constitutes a prima facie showing of an
46-24 alleged father's paternity, and the party opposing the
46-25 establishment of the alleged father's paternity has the burden of
46-26 proving that the alleged father is not the father of the child.]
46-27 [(c) A party who refuses to submit to parentage testing has
47-1 the burden of proving that an alleged father is not the father of
47-2 the child.]
47-3 [(d) The court shall dismiss with prejudice a claim
47-4 regarding a presumed father whose paternity is excluded by
47-5 scientifically accepted paternity testing.]
47-6 [(e) If two or more presumptions are in conflict, the
47-7 presumption that is founded on the weightier considerations of
47-8 policy and logic controls. The court shall find that the weightier
47-9 presumption of paternity is that of a presumed father who is not
47-10 excluded as the biological father of the child by scientifically
47-11 accepted paternity testing that shows that at least 99 percent of
47-12 the male population is excluded.]
47-13 [(f) The court shall dismiss a suit contesting a presumption
47-14 of paternity filed by a man who is not a presumed father, but who
47-15 alleges himself to be the biological father of a child, if:]
47-16 [(1) the suit is filed after the second anniversary of
47-17 the later of:]
47-18 [(A) the date of birth of the child; or]
47-19 [(B) the time the presumption of paternity came
47-20 into existence after the child was born; and]
47-21 [(2) the presumed father:]
47-22 [(A) has resided in the same household as the
47-23 child in a father-child relationship or has established a
47-24 father-child relationship with the child through his other actions;
47-25 and]
47-26 [(B) requests an order designating him as the
47-27 father of the child.]
48-1 [(g) A suit contesting a presumption that a man is the
48-2 biological father of a child may be filed at any time during the
48-3 minority of the child by:]
48-4 [(1) the biological mother of the child;]
48-5 [(2) a person related within the second degree of
48-6 consanguinity to the biological mother of the child, if the
48-7 biological mother of the child is deceased;]
48-8 [(3) a presumed father; or]
48-9 [(4) a governmental entity, authorized agency, or
48-10 licensed child-placing agency.]
48-11 [(h) If a presumption of paternity is rebutted, the court
48-12 shall enter an order finding that the man presumed to be the father
48-13 of the child is not the biological father.]
48-14 [SUBCHAPTER C. ACKNOWLEDGMENT OR DENIAL OF PATERNITY]
48-15 [Sec. 160.201. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
48-16 mother of a child and a man claiming to be the father of the child
48-17 may execute an acknowledgment of paternity as provided by this
48-18 subchapter to establish the man's paternity.]
48-19 [Sec. 160.202. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
48-20 An acknowledgment of paternity must:]
48-21 [(1) be in writing;]
48-22 [(2) be signed by the mother and the putative father;
48-23 and]
48-24 [(3) state whether the child whose paternity is being
48-25 acknowledged has a presumed father under Section 151.002.]
48-26 [(b) If the mother declares in the acknowledgment that there
48-27 is a presumed father of the child, the acknowledgment must be
49-1 accompanied by a denial of paternity signed by the presumed father,
49-2 unless the presumed father is the man who has signed the
49-3 acknowledgment.]
49-4 [Sec. 160.203. FILING ACKNOWLEDGMENT OF PATERNITY. (a) An
49-5 acknowledgment of paternity executed under this subchapter shall be
49-6 filed with the bureau of vital statistics.]
49-7 [(b) The bureau of vital statistics may not charge a fee to
49-8 file the acknowledgment.]
49-9 [Sec. 160.204. SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
49-10 PATERNITY. (a) An acknowledgment of paternity or a denial of
49-11 paternity may contain the mother's signature and the putative
49-12 father's signature on separate documents.]
49-13 [(b) An acknowledgment of paternity or a denial of paternity
49-14 may be signed before the birth of the child.]
49-15 [(c) An adult or a minor may sign an acknowledgment of
49-16 paternity or a denial of paternity.]
49-17 [Sec. 160.205. EFFECT OF ACKNOWLEDGMENT OF PATERNITY. (a)
49-18 Subject to the right to rescind or contest an acknowledgment of
49-19 paternity under this subchapter, a signed acknowledgment of
49-20 paternity filed with the bureau of vital statistics is a legal
49-21 finding of paternity of a child equivalent to a judicial
49-22 determination.]
49-23 [(b) If the mother or the man claiming to be the father
49-24 falsely denies the existence of a presumed father in an
49-25 acknowledgment of paternity, the acknowledgment of paternity is
49-26 voidable within the time to rescind under Section 160.206.]
49-27 [Sec. 160.206. SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL. (a)
50-1 Subject to the requirements of Subsection (b), a person who signs
50-2 an acknowledgment of paternity or a denial of paternity may file a
50-3 suit affecting the parent-child relationship to rescind the
50-4 acknowledgment of paternity or denial of paternity.]
50-5 [(b) The petition to rescind an acknowledgment of paternity
50-6 or a denial of paternity must be filed not later than the earlier
50-7 of:]
50-8 [(1) the 61st day after the date the acknowledgment of
50-9 paternity or denial of paternity is filed with the bureau of vital
50-10 statistics; or]
50-11 [(2) the date of the first hearing before a tribunal
50-12 to determine an issue relating to the child in which the person is
50-13 a party, including a proceeding that establishes support.]
50-14 [(c) If a proceeding to rescind an acknowledgment of
50-15 paternity or a denial of paternity is filed jointly or agreed to by
50-16 all necessary parties, the court shall order the bureau of vital
50-17 statistics to amend the birth record of the child by removing the
50-18 father's name.]
50-19 [(d) If the proceeding to rescind is not agreed to by all
50-20 parties, the court shall conduct a hearing in the same manner as a
50-21 proceeding to determine parentage under this chapter.]
50-22 [Sec. 160.207. SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. (a)
50-23 A person who may contest a presumption of paternity under Section
50-24 160.101 may contest an acknowledgment of paternity or a denial of
50-25 paternity by filing a suit affecting the parent-child relationship.
50-26 A suit to contest an acknowledgment of paternity or a denial of
50-27 paternity that is filed after the time for a suit to rescind under
51-1 Section 160.206 may be filed only on the basis of fraud, duress, or
51-2 material mistake of fact. The party challenging the acknowledgment
51-3 of paternity or the denial of paternity has the burden of proof.]
51-4 [(b) A suit to contest an acknowledgment of paternity or a
51-5 denial of paternity shall be conducted in the same manner as a
51-6 proceeding to determine parentage under this chapter.]
51-7 [(c) A person must bring suit to contest an acknowledgment
51-8 of paternity or a denial of paternity not later than the fourth
51-9 anniversary of the date the acknowledgment of paternity or the
51-10 denial of paternity is filed with the bureau of vital statistics.]
51-11 [(d) A suit to contest an unrescinded acknowledgment of
51-12 paternity may not be filed after the date a court has rendered an
51-13 order, including a child support order, based on the acknowledgment
51-14 of paternity.]
51-15 [(e) Notwithstanding any other provision of this chapter, a
51-16 collateral attack on an acknowledgment of paternity executed under
51-17 this subchapter may not be filed after the fourth anniversary of
51-18 the date the acknowledgment of paternity is filed with the bureau
51-19 of vital statistics.]
51-20 [Sec. 160.208. PROCEDURE FOR SUIT TO RESCIND OR CONTEST. (a)
51-21 Each person who signs an acknowledgment of paternity or a denial of
51-22 paternity must be made a party to a suit to rescind or contest the
51-23 acknowledgment of paternity or denial of paternity.]
51-24 [(b) Except for good cause shown, the court may not suspend
51-25 the legal responsibility of a person arising from the
51-26 acknowledgment of paternity, including the duty to pay child
51-27 support, while a suit is pending.]
52-1 [(c) On a determination of paternity or nonpaternity, the
52-2 court shall order the bureau of vital statistics to amend the birth
52-3 record of the child in accordance with the order of the court.]
52-4 [Sec. 160.209. COURT RATIFICATION. An unrescinded and
52-5 uncontested acknowledgment of paternity is valid and effective
52-6 without court ratification. In a judicial, administrative, or
52-7 other proceeding, parentage of a child may be proved by evidence
52-8 that an unrescinded and uncontested acknowledgment of paternity of
52-9 the child has been filed with the bureau of vital statistics.]
52-10 [Sec. 160.210. FULL FAITH AND CREDIT. An acknowledgment of
52-11 paternity signed in another state shall be accorded full faith and
52-12 credit by the courts of this state if the acknowledgment is signed
52-13 in apparent compliance with the other state's law.]
52-14 [Sec. 160.211. VALIDATION OF EARLIER STATEMENT. A statement
52-15 admitting paternity or an obligation to support a child that was
52-16 signed before September 1, 1999, is valid and binding even though
52-17 the statement is not executed as provided by this subchapter.]
52-18 [Sec. 160.212. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
52-19 PATERNITY. (a) The bureau of vital statistics shall prescribe
52-20 forms for an acknowledgment of paternity and a denial of paternity
52-21 to comply with this subchapter.]
52-22 [(b) The forms prescribed under this section must:]
52-23 [(1) contain information regarding the procedure to
52-24 rescind an acknowledgment or a denial;]
52-25 [(2) provide that the signatures on the forms are
52-26 witnessed and signed under penalty of perjury; and]
52-27 [(3) state whether the mother, the putative father, or
53-1 the presumed father is a minor.]
53-2 [(c) The form for acknowledgment of paternity must inform
53-3 the putative father that signing the acknowledgment of paternity
53-4 with the consent of the mother:]
53-5 [(1) creates the parent-child relationship between him
53-6 and the child;]
53-7 [(2) imposes upon him a legal duty to support the
53-8 child; and]
53-9 [(3) enables a court to grant him the right of custody
53-10 or visitation with the child.]
53-11 [(d) The form for denial of paternity must inform the man
53-12 that signing the denial of paternity with the consent of the
53-13 mother:]
53-14 [(1) legally determines his nonpaternity of the child;]
53-15 [(2) removes the legal duty that he support the child;
53-16 and]
53-17 [(3) terminates his right of conservatorship or
53-18 possession of or access to the child.]
53-19 [Sec. 160.213. VALIDITY OF FORMS. The validity of an
53-20 acknowledgment of paternity or a denial of paternity is not
53-21 affected by a modification of the prescribed form by the bureau of
53-22 vital statistics that occurs after the acknowledgment of paternity
53-23 or denial of paternity is signed if the form met the requirements
53-24 of state law at the time it was signed.]
53-25 [Sec. 160.214. RELEASE OF INFORMATION. The bureau of vital
53-26 statistics shall release information relating to the acknowledgment
53-27 or denial of paternity and rescinding an acknowledgment or a denial
54-1 of paternity to the Title IV-D agency and any other person
54-2 authorized by law.]
54-3 [Sec. 160.215. ADOPTION OF RULES. The Title IV-D agency and
54-4 the bureau of vital statistics may adopt rules to implement this
54-5 subchapter.]
54-6 [Sec. 160.216. MEMORANDUM OF UNDERSTANDING. The Title IV-D
54-7 agency and the bureau of vital statistics shall adopt a memorandum
54-8 of understanding governing the collection and transfer of
54-9 information for the voluntary acknowledgment of paternity. The
54-10 Title IV-D agency and the bureau of vital statistics shall review
54-11 the memorandum semiannually and renew or modify the memorandum as
54-12 necessary.]
54-13 [SUBCHAPTER D. PATERNITY REGISTRY]
54-14 [Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
54-15 of vital statistics shall establish a paternity registry.]
54-16 [(b) The bureau of vital statistics shall administer the
54-17 registry to:]
54-18 [(1) protect the parental rights of fathers who
54-19 affirmatively assume responsibility for children they may have
54-20 fathered; and]
54-21 [(2) expedite adoptions of children whose biological
54-22 fathers are unwilling to assume responsibility for their children
54-23 by registering with the registry or otherwise acknowledging their
54-24 children.]
54-25 [(c) The registry does not relieve a mother of the
54-26 obligation to identify the known father of her child.]
54-27 [(d) A man is not required to register with the paternity
55-1 registry if he:]
55-2 [(1) is presumed to be the biological father of a
55-3 child under Chapter 151;]
55-4 [(2) has been adjudicated to be the biological father
55-5 of a child by a court of competent jurisdiction; or]
55-6 [(3) has filed an acknowledgment of paternity under
55-7 Subchapter C.]
55-8 [Sec. 160.252. REQUIRED INFORMATION. A man registering with
55-9 the registry shall provide:]
55-10 [(1) the name, last known address, driver's license
55-11 number, and social security number, if known, of the mother of the
55-12 child;]
55-13 [(2) the name of the child and the location and date
55-14 of birth of the child, if known, or the probable month and year of
55-15 the expected birth of the child;]
55-16 [(3) the man's name, address, driver's license number,
55-17 and social security number; and]
55-18 [(4) a statement in which the man claims to be the
55-19 father of the child identified by the man.]
55-20 [Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
55-21 registry shall record the name, address, driver's license number,
55-22 and social security number of a man who claims to be the father of
55-23 a child whose paternity has not been adjudicated by a court of
55-24 competent jurisdiction by giving notice of intent to claim
55-25 paternity, as provided by this subchapter.]
55-26 [Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
55-27 sexual intercourse with a person of the opposite sex is deemed to
56-1 have knowledge that sexual intercourse can result in the woman's
56-2 pregnancy.]
56-3 [(b) Except as provided by this subchapter, a man who claims
56-4 to be the father of a child shall file a notice of intent to assert
56-5 as provided by this subchapter his right to establish paternity of
56-6 a child that may result from the sexual intercourse.]
56-7 [(c) Ignorance of a pregnancy is not a sufficient reason for
56-8 failing to register with the registry to claim paternity of the
56-9 child born of the pregnancy.]
56-10 [Sec. 160.2545. INFORMATION REGARDING REGISTRY, BIRTH
56-11 RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
56-12 VITAL STATISTICS. (a) On receipt of a request for a certificate
56-13 under Section 160.260 attesting to the results of a search of the
56-14 paternity registry, the bureau of vital statistics shall search:]
56-15 [(1) notices of intent to claim paternity filed with
56-16 the registry under this subchapter;]
56-17 [(2) birth records maintained by the bureau;]
56-18 [(3) acknowledgments of paternity filed with the
56-19 bureau under Subchapter C; and]
56-20 [(4) central file records identifying a court of
56-21 continuing jurisdiction and identifying the adjudicated father, if
56-22 any.]
56-23 [(b) The bureau shall furnish information resulting from a
56-24 search under Subsection (a) to the requestor.]
56-25 [Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
56-26 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
56-27 provided, the registry shall send a copy of the notice of intent to
57-1 claim paternity to the mother as notification that a man has
57-2 registered with the paternity registry claiming to be the father of
57-3 the mother's child.]
57-4 [(b) Information contained in the registry is confidential
57-5 and may be released on request only to:]
57-6 [(1) a court;]
57-7 [(2) the mother of a child;]
57-8 [(3) an authorized agency;]
57-9 [(4) a licensed child-placing agency;]
57-10 [(5) an attorney at law in this state who is
57-11 participating or assisting in a suit affecting the parent-child
57-12 relationship, including termination of the parent-child
57-13 relationship or a suit for the adoption of the child that the
57-14 registrant claims to have fathered; or]
57-15 [(6) any other person or entity the bureau of vital
57-16 statistics considers to have a legitimate interest in the
57-17 information.]
57-18 [(c) The registry shall furnish registry information by
57-19 electronic data exchange or any other means to the state's Title
57-20 IV-D agency and the Department of Protective and Regulatory
57-21 Services.]
57-22 [(d) A person commits an offense if the person intentionally
57-23 and unlawfully releases information from the registry to the public
57-24 or makes any other unlawful use of the information in violation of
57-25 this subchapter. An offense under this subsection is a Class B
57-26 misdemeanor.]
57-27 [Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
58-1 Except as provided by Subsection (d), a person may register as
58-2 provided by this subchapter by filing a notice of intent to claim
58-3 paternity on a form provided by the bureau of vital statistics.
58-4 This form shall be signed and acknowledged before a notary public.]
58-5 [(b) The bureau shall make registration forms available to
58-6 all:]
58-7 [(1) hospitals and other birthing places in this
58-8 state;]
58-9 [(2) licensed child-placing agencies;]
58-10 [(3) county and district clerks;]
58-11 [(4) municipal clerks;]
58-12 [(5) justices of the peace;]
58-13 [(6) jails;]
58-14 [(7) prisons; and]
58-15 [(8) facilities of the Texas Department of Criminal
58-16 Justice and Texas Youth Commission.]
58-17 [(c) A notice of intent to claim paternity may be filed
58-18 before the birth of the child but may not be filed after the 30th
58-19 day after the date of birth of the child.]
58-20 [(d) If the bureau of vital statistics has received from the
58-21 clerk of the court notice under Chapter 108 of a decree terminating
58-22 the parent-child relationship between the person applying to
58-23 register and the child, the bureau shall notify the person that the
58-24 person's parent-child relationship with the child has been
58-25 terminated and may not enter into the registry a notice of intent
58-26 to claim paternity filed by the person.]
58-27 [Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
59-1 NOTIFICATION. (a) Not later than the 30th day after the date of
59-2 the receipt of notification from the bureau of vital statistics
59-3 that a notice of intent to claim paternity has been filed, the
59-4 mother of the child may deny the registrant's claim of paternity on
59-5 a form provided by the bureau and signed and acknowledged before a
59-6 notary public.]
59-7 [(b) If the mother denies that the registrant is the father
59-8 of the child, the bureau of vital statistics shall immediately
59-9 notify the registrant of the denial and of the registrant's right
59-10 to file a legal action to establish paternity.]
59-11 [Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
59-12 Except as provided by Chapter 102 and Chapter 161, a man who fails
59-13 to file a notice of intent to claim paternity before the 30th day
59-14 after the date of the birth of the child may not assert an interest
59-15 in the child other than by filing a suit to establish paternity
59-16 before the termination of the man's parental rights.]
59-17 [Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
59-18 (a) A man who files a notice of intent to claim paternity with the
59-19 registry shall promptly notify the registry in writing of any
59-20 change in the information, including a change of address.]
59-21 [(b) A man who files a notice of intent to claim paternity
59-22 may at any time revoke the notice by sending the registry a written
59-23 statement signed and acknowledged by the registrant before a notary
59-24 public. The statement must include a declaration that, to the best
59-25 of the registrant's knowledge and belief:]
59-26 [(1) the registrant is not the father of the named
59-27 child; or]
60-1 [(2) a court has adjudicated paternity and a person
60-2 other than the registrant has been determined to be the father of
60-3 the child.]
60-4 [Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
60-5 On request, the bureau of vital statistics shall furnish a
60-6 certificate, signed by the state registrar of vital statistics,
60-7 attesting to the results of a search of the registry regarding a
60-8 notice of intent to claim paternity to:]
60-9 [(1) a court;]
60-10 [(2) the mother of a child;]
60-11 [(3) an authorized agency;]
60-12 [(4) a licensed child-placing agency;]
60-13 [(5) an attorney licensed to practice law in this
60-14 state who is participating or assisting in an adoption; or]
60-15 [(6) any other person or entity the bureau of vital
60-16 statistics considers to have a legitimate interest in the
60-17 information.]
60-18 [Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
60-19 determines that a registrant is not the father of the child, the
60-20 court shall order the bureau of vital statistics to remove the
60-21 registrant's name from the registry. On receipt of an order for
60-22 the removal of a registrant's name, the bureau of vital statistics
60-23 shall remove the name from the registry.]
60-24 [Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
60-25 for filing with the registry a notice of intent to claim paternity
60-26 of a child or a denial of a registrant's paternity.]
60-27 [(b) Except as provided by Subsection (c), the Texas
61-1 Department of Health may charge a fee for processing a search of
61-2 the paternity registry and for furnishing a certificate under
61-3 Section 160.260.]
61-4 [(c) The Department of Protective and Regulatory Services
61-5 and the Title IV-D agency are not required to pay a fee under
61-6 Subsection (b).]
61-7 [Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
61-8 REGISTRY. Information maintained by the paternity registry is
61-9 admissible in a proceeding in a court or administrative tribunal of
61-10 this state for any purpose, including for the establishment of the
61-11 registrant's paternity or an action to terminate parental rights.]
61-12 ARTICLE 2. CONFORMING AMENDMENTS
61-13 SECTION 2.01. Section 32.003(a), Family Code, is amended to
61-14 read as follows:
61-15 (a) A child may consent to medical, dental, psychological,
61-16 and surgical treatment for the child by a licensed physician or
61-17 dentist if the child:
61-18 (1) is on active duty with the armed services of the
61-19 United States of America;
61-20 (2) is:
61-21 (A) 16 years of age or older and resides
61-22 separate and apart from the child's parents, managing conservator,
61-23 or guardian, with or without the consent of the parents, managing
61-24 conservator, or guardian and regardless of the duration of the
61-25 residence; and
61-26 (B) managing the child's own financial affairs,
61-27 regardless of the source of the income;
62-1 (3) consents to the diagnosis and treatment of an
62-2 infectious, contagious, or communicable disease that is required by
62-3 law or a rule to be reported by the licensed physician or dentist
62-4 to a local health officer or the Texas Department of Health,
62-5 including all diseases within the scope of Section 81.041, Health
62-6 and Safety Code;
62-7 (4) is unmarried and pregnant and consents to
62-8 hospital, medical, or surgical treatment, other than abortion,
62-9 related to the pregnancy;
62-10 (5) consents to examination and treatment for drug or
62-11 chemical addiction, drug or chemical dependency, or any other
62-12 condition directly related to drug or chemical use; or
62-13 (6) is unmarried, is the parent of a child, and has
62-14 actual custody of his or her [the child's biological] child and
62-15 consents to medical, dental, psychological, or surgical treatment
62-16 for the child.
62-17 SECTION 2.02. Section 51.02(9), Family Code, is amended to
62-18 read as follows:
62-19 (9) "Parent" means the mother or[,] the father of a
62-20 [whether or not the] child [is legitimate, or an adoptive parent],
62-21 but does not include a parent whose parental rights have been
62-22 terminated.
62-23 SECTION 2.03. Section 71.003, Family Code, is amended to
62-24 read as follows:
62-25 Sec. 71.003. FAMILY. "Family" includes individuals related
62-26 by consanguinity or affinity, as determined under Sections 573.022
62-27 and 573.024, Government Code, individuals who are former spouses of
63-1 each other, individuals who are the [biological] parents of the
63-2 same child, without regard to marriage, and a foster child and
63-3 foster parent, without regard to whether those individuals reside
63-4 together.
63-5 SECTION 2.04. Chapter 101, Family Code, is amended by adding
63-6 Sections 101.0010 and 101.0015 to read as follows:
63-7 Sec. 101.0010. ACKNOWLEDGED FATHER. "Acknowledged father"
63-8 means a man who has established a father-child relationship under
63-9 Chapter 160.
63-10 Sec. 101.0015. ALLEGED FATHER. (a) "Alleged father" means a
63-11 man who alleges himself to be, or is alleged to be, the genetic
63-12 father or a possible genetic father of a child, but whose paternity
63-13 has not been determined.
63-14 (b) The term does not include:
63-15 (1) a presumed father;
63-16 (2) a man whose parental rights have been terminated
63-17 or declared to not exist; or
63-18 (3) a male donor.
63-19 SECTION 2.05. Section 101.024, Family Code, is amended to
63-20 read as follows:
63-21 Sec. 101.024. PARENT. "Parent" means the mother, a man
63-22 presumed to be the [biological] father, a man legally determined to
63-23 be the [biological] father, a man who has been adjudicated to be
63-24 the [biological] father by a court of competent jurisdiction, a man
63-25 who has acknowledged his paternity under applicable law, or an
63-26 adoptive mother or father. The term does not include a parent as
63-27 to whom the parent-child relationship has been terminated.
64-1 SECTION 2.06. Section 101.025, Family Code, is amended to
64-2 read as follows:
64-3 Sec. 101.025. PARENT-CHILD RELATIONSHIP. "Parent-child
64-4 relationship" means the legal relationship between a child and the
64-5 child's [biological or adoptive] parents as provided by Chapter 160
64-6 [151]. The term includes the mother and child relationship and the
64-7 father and child relationship.
64-8 SECTION 2.07. Section 102.003(a), Family Code, is amended to
64-9 read as follows:
64-10 (a) An original suit may be filed at any time by:
64-11 (1) a parent of the child;
64-12 (2) the child through a representative authorized by
64-13 the court;
64-14 (3) a custodian or person having the right of
64-15 visitation with or access to the child appointed by an order of a
64-16 court of another state or country;
64-17 (4) a guardian of the person or of the estate of the
64-18 child;
64-19 (5) a governmental entity;
64-20 (6) an authorized agency;
64-21 (7) a licensed child placing agency;
64-22 (8) a man alleging himself to be the [biological]
64-23 father of a child filing in accordance with Chapter 160, subject to
64-24 the limitations of that chapter [Section 160.101], but not
64-25 otherwise;
64-26 (9) a person, other than a foster parent, who has had
64-27 actual care, control, and possession of the child for at least six
65-1 months ending not more than 90 days preceding the date of the
65-2 filing of the petition;
65-3 (10) a person designated as the managing conservator
65-4 in a revoked or unrevoked affidavit of relinquishment under Chapter
65-5 161 or to whom consent to adoption has been given in writing under
65-6 Chapter 162;
65-7 (11) a person with whom the child and the child's
65-8 guardian, managing conservator, or parent have resided for at least
65-9 six months ending not more than 90 days preceding the date of the
65-10 filing of the petition if the child's guardian, managing
65-11 conservator, or parent is deceased at the time of the filing of the
65-12 petition;
65-13 (12) a person who is the foster parent of a child
65-14 placed by the Department of Protective and Regulatory Services in
65-15 the person's home for at least 12 months ending not more than 90
65-16 days preceding the date of the filing of the petition; or
65-17 (13) a person who is a relative of the child within
65-18 the third degree by consanguinity, as determined by Chapter 573,
65-19 Government Code, if the child's parents are deceased at the time of
65-20 the filing of the petition.
65-21 SECTION 2.08. Section 102.006(a), Family Code, is amended to
65-22 read as follows:
65-23 (a) Except as provided by Subsection (b), if the
65-24 parent-child relationship between the child and every living parent
65-25 of the child has been terminated, an original suit may not be filed
65-26 by:
65-27 (1) a former parent whose parent-child relationship
66-1 with the child has been terminated by court order;
66-2 (2) the [biological] father of the child; or
66-3 (3) a family member or relative by blood, adoption, or
66-4 marriage of either a former parent whose parent-child relationship
66-5 has been terminated or of the [biological] father of the child.
66-6 SECTION 2.09. Section 102.009(a), Family Code, is amended to
66-7 read as follows:
66-8 (a) Except as provided by Subsection (b), the following are
66-9 entitled to service of citation on the filing of a petition in an
66-10 original suit:
66-11 (1) a managing conservator;
66-12 (2) a possessory conservator;
66-13 (3) a person having possession of or access to the
66-14 child under an order;
66-15 (4) a person required by law or by order to provide
66-16 for the support of the child;
66-17 (5) a guardian of the person of the child;
66-18 (6) a guardian of the estate of the child;
66-19 (7) each parent as to whom the parent-child
66-20 relationship has not been terminated or process has not been waived
66-21 under Chapter 161;
66-22 (8) an alleged father, unless there is attached to the
66-23 petition an affidavit of waiver of interest in a child executed by
66-24 the alleged father as provided by Chapter 161 or unless the
66-25 petitioner has complied with the provisions of Section
66-26 161.002(b)(2) or (b)(3);
66-27 (9) a man who has filed a notice of intent to claim
67-1 paternity as provided by [Subchapter D,] Chapter 160;
67-2 (10) the Department of Protective and Regulatory
67-3 Services, if the petition requests that the department be appointed
67-4 as managing conservator of the child; and
67-5 (11) the Title IV-D agency, if the petition requests
67-6 the termination of the parent-child relationship and support rights
67-7 have been assigned to the Title IV-D agency under Chapter 231.
67-8 SECTION 2.10. Section 105.002(b), Family Code, is amended to
67-9 read as follows:
67-10 (b) A party may not demand a jury trial in:
67-11 (1) a suit in which adoption is sought, including a
67-12 trial on the issue of denial or revocation of consent to the
67-13 adoption by the managing conservator; or
67-14 (2) a suit to adjudicate [determine] parentage under
67-15 Chapter 160.
67-16 SECTION 2.11. Section 107.013(a), Family Code, is amended to
67-17 read as follows:
67-18 (a) In a suit in which termination of the parent-child
67-19 relationship is requested, the court shall appoint an attorney ad
67-20 litem to represent the interests of:
67-21 (1) an indigent parent of the child who responds in
67-22 opposition to the termination;
67-23 (2) a parent served by citation by publication;
67-24 (3) an alleged father who failed to register with the
67-25 registry under [Subchapter D,] Chapter 160[,] and whose identity or
67-26 location is unknown; and
67-27 (4) an alleged father who registered with the
68-1 paternity registry under [Subchapter D,] Chapter 160, but the
68-2 petitioner's attempt to personally serve citation at the address
68-3 provided to the registry and at any other address for the alleged
68-4 father known by the petitioner has been unsuccessful.
68-5 SECTION 2.12. Section 108.009(a), Family Code, is amended to
68-6 read as follows:
68-7 (a) The state registrar shall substitute a new birth
68-8 certificate for the original based on the order in accordance with
68-9 laws or rules that permit the correction or substitution of a birth
68-10 certificate [certificates] for an adopted child or a child whose
68-11 parents marry each other [children or children presumed to be
68-12 biological children by the] subsequent to the birth of the child
68-13 [marriage of their parents].
68-14 SECTION 2.13. Chapter 151, Family Code, is amended to read
68-15 as follows:
68-16 CHAPTER 151. RIGHTS AND DUTIES IN [THE]
68-17 PARENT-CHILD RELATIONSHIP
68-18 [SUBCHAPTER A. GENERAL PROVISIONS]
68-19 Sec. 151.001. [RELATION OF CHILD TO MOTHER AND FATHER. (a)
68-20 The parent-child relationship may be established between a child
68-21 and:]
68-22 [(1) the biological mother by proof of her having
68-23 given birth to the child;]
68-24 [(2) the biological father as provided by this code;
68-25 and]
68-26 [(3) an adoptive parent by proof of adoption.]
68-27 [(b) The parent-child relationship extends equally to every
69-1 child and parent regardless of the marital status of the parents.]
69-2 [Sec. 151.002. PRESUMPTION OF PATERNITY. (a) A man is
69-3 presumed to be the biological father of a child if:]
69-4 [(1) he and the child's biological mother are or have
69-5 been married to each other and the child is born during the
69-6 marriage or not more than 300 days after the date the marriage
69-7 terminated by death, annulment, or divorce or by having been
69-8 declared void;]
69-9 [(2) before the child's birth, he and the child's
69-10 biological mother attempted to marry each other by a marriage in
69-11 apparent compliance with law, although the attempted marriage is or
69-12 could be declared void, and the child is born during the attempted
69-13 marriage or not more than 300 days after the date the attempted
69-14 marriage terminated by death, annulment, or divorce or by having
69-15 been declared void; or]
69-16 [(3) after the child's birth, he and the child's
69-17 biological mother have married or attempted to marry each other by
69-18 a marriage in apparent compliance with law, although the attempted
69-19 marriage is or could be declared void or voided by annulment, and:]
69-20 [(A) he has filed a written acknowledgment of
69-21 his paternity of the child under Chapter 160;]
69-22 [(B) he consents in writing to be named and is
69-23 named as the child's father on the child's birth certificate; or]
69-24 [(C) he is obligated to support the child under
69-25 a written voluntary promise or by court order.]
69-26 [(b) A presumption under this section may be rebutted as
69-27 provided by Section 160.110.]
70-1 [Sec. 151.003.] RIGHTS AND DUTIES OF PARENT. (a) A parent
70-2 of a child has the following rights and duties:
70-3 (1) the right to have physical possession, to direct
70-4 the moral and religious training, and to establish the residence of
70-5 the child;
70-6 (2) the duty of care, control, protection, and
70-7 reasonable discipline of the child;
70-8 (3) the duty to support the child, including providing
70-9 the child with clothing, food, shelter, medical and dental care,
70-10 and education;
70-11 (4) the duty, except when a guardian of the child's
70-12 estate has been appointed, to manage the estate of the child,
70-13 including the right as an agent of the child to act in relation to
70-14 the child's estate if the child's action is required by a state,
70-15 the United States, or a foreign government;
70-16 (5) the right to the services and earnings of the
70-17 child;
70-18 (6) the right to consent to the child's marriage,
70-19 enlistment in the armed forces of the United States, medical and
70-20 dental care, and psychiatric, psychological, and surgical
70-21 treatment;
70-22 (7) the right to represent the child in legal action
70-23 and to make other decisions of substantial legal significance
70-24 concerning the child;
70-25 (8) the right to receive and give receipt for payments
70-26 for the support of the child and to hold or disburse funds for the
70-27 benefit of the child;
71-1 (9) the right to inherit from and through the child;
71-2 (10) the right to make decisions concerning the
71-3 child's education; and
71-4 (11) any other right or duty existing between a parent
71-5 and child by virtue of law.
71-6 (b) The duty of a parent to support his or her child exists
71-7 while the child is an unemancipated minor and continues as long as
71-8 the child is fully enrolled in an accredited secondary school in a
71-9 program leading toward a high school diploma until the end of the
71-10 school year in which the child graduates.
71-11 (c) A parent who fails to discharge the duty of support is
71-12 liable to a person who provides necessaries to those to whom
71-13 support is owed.
71-14 (d) The rights and duties of a parent are subject to:
71-15 (1) a court order affecting the rights and duties;
71-16 (2) an affidavit of relinquishment of parental rights;
71-17 and
71-18 (3) an affidavit by the parent designating another
71-19 person or agency to act as managing conservator.
71-20 Sec. 151.002 [151.004]. RIGHTS OF A LIVING CHILD AFTER AN
71-21 ABORTION OR PREMATURE BIRTH. (a) A living human child born alive
71-22 after an abortion or premature birth is entitled to the same
71-23 rights, powers, and privileges as are granted by the laws of this
71-24 state to any other child born alive after the normal gestation
71-25 period.
71-26 (b) In this code, "born alive" means the complete expulsion
71-27 or extraction from its mother of a product of conception,
72-1 irrespective of the duration of pregnancy, which, after such
72-2 separation, breathes or shows any other evidence of life such as
72-3 beating of the heart, pulsation of the umbilical cord, or definite
72-4 movement of voluntary muscles, whether or not the umbilical cord
72-5 has been cut or the placenta is attached. Each product of the
72-6 birth is considered born alive.
72-7 Sec. 151.003 [151.005]. LIMITATION ON STATE AGENCY ACTION.
72-8 A state agency may not adopt rules or policies or take any other
72-9 action that violates the fundamental right and duty of a parent to
72-10 direct the upbringing of the parent's child.
72-11 [SUBCHAPTER B. ASSISTED CONCEPTION]
72-12 [Sec. 151.101. ARTIFICIAL INSEMINATION. (a) If a husband
72-13 consents to the artificial insemination of his wife, any resulting
72-14 child is the child of both of them. The consent must be in writing
72-15 and must be acknowledged.]
72-16 [(b) If a woman is artificially inseminated, the resulting
72-17 child is not the child of the donor unless he is the husband.]
72-18 [Sec. 151.102. OOCYTE DONATION. (a) If a husband consents
72-19 to provide sperm to fertilize a donor oocyte by in vitro
72-20 fertilization or other assisted reproductive techniques and the
72-21 wife consents to have a donor oocyte that has been fertilized with
72-22 her husband's sperm, pursuant to his consent, placed in her uterus,
72-23 a resulting child is the child of both of them. The consent of
72-24 each must be in writing.]
72-25 [(b) If a donor oocyte that has been fertilized with her
72-26 husband's sperm implants in a wife's uterus, a resulting child is
72-27 not the child of the donor of the oocyte.]
73-1 [Sec. 151.103. EMBRYO DONATION. (a) If, with the consent
73-2 of the husband and the wife, a donated preimplantation embryo
73-3 implants in the uterus of the wife, a resulting child is the child
73-4 of both of them. The consent must be in writing.]
73-5 [(b) If, with the consent of the husband and the wife, a
73-6 donated preimplantation embryo implants in the uterus of the wife,
73-7 a resulting child is not the child of the donor or donors of the
73-8 preimplantation embryo.]
73-9 [(c) Subsections (a) and (b) apply whether the donated
73-10 preimplantation embryo is the result of separate egg and sperm
73-11 donations or the result of donation of an embryo created for the
73-12 purpose of assisting the reproduction of the donating couple.]
73-13 SECTION 2.14. Section 154.131(b), Family Code, is amended to
73-14 read as follows:
73-15 (b) In ordering retroactive child support, the court shall
73-16 consider the net resources of the obligor during the relevant time
73-17 period and whether:
73-18 (1) the mother of the child had made any previous
73-19 attempts to notify the obligor [biological father] of his paternity
73-20 or probable paternity;
73-21 (2) the obligor [biological father] had knowledge of
73-22 his paternity or probable paternity;
73-23 (3) the order of retroactive child support will impose
73-24 an undue financial hardship on the obligor or the obligor's family;
73-25 and
73-26 (4) the obligor has provided actual support or other
73-27 necessaries before the filing of the action.
74-1 SECTION 2.15. Section 155.001(b), Family Code, is amended to
74-2 read as follows:
74-3 (b) The following final orders do not create continuing,
74-4 exclusive jurisdiction in a court:
74-5 (1) a voluntary or involuntary dismissal of a suit
74-6 affecting the parent-child relationship;
74-7 (2) in a suit to determine parentage, a final order
74-8 finding that an alleged or presumed father is not the [biological]
74-9 father of the child, except that the jurisdiction of the court is
74-10 not affected if the child was subject to the jurisdiction of the
74-11 court or some other court in a suit affecting the parent-child
74-12 relationship before the commencement of the suit to adjudicate
74-13 [determine] parentage; and
74-14 (3) a final order of adoption, after which a
74-15 subsequent suit affecting the child must be commenced as though the
74-16 child had not been the subject of a suit for adoption or any other
74-17 suit affecting the parent-child relationship before the adoption.
74-18 SECTION 2.16. Sections 161.002(a)-(e), Family Code, are
74-19 amended to read as follows:
74-20 (a) The procedural and substantive standards for termination
74-21 of parental rights apply to the termination of the rights of an
74-22 alleged [biological] father.
74-23 (b) The rights of an alleged [biological] father may be
74-24 terminated if:
74-25 (1) after being served with citation, he does not
74-26 respond by timely filing an admission of paternity or a
74-27 counterclaim for paternity under Chapter 160 prior to the final
75-1 hearing in the suit;
75-2 (2) he has not registered with the paternity registry
75-3 under [Subchapter D,] Chapter 160, and after the exercise of due
75-4 diligence by the petitioner:
75-5 (A) his identity and location are unknown; or
75-6 (B) his identity is known but he cannot be
75-7 located; or
75-8 (3) he has registered with the paternity registry
75-9 under [Subchapter D,] Chapter 160, but the petitioner's attempt to
75-10 personally serve citation at the address provided to the registry
75-11 and at any other address for the alleged father known by the
75-12 petitioner has been unsuccessful, despite the due diligence of the
75-13 petitioner.
75-14 (c) The termination of the rights of an alleged [biological]
75-15 father under Subsection (b)(2) rendered on or after January 1,
75-16 1998, does not require personal service of citation or citation by
75-17 publication on the alleged father.
75-18 (d) The termination of rights of an alleged [biological]
75-19 father under Subsection (b)(3) does not require service of citation
75-20 by publication on the alleged father.
75-21 (e) The court shall not render an order terminating parental
75-22 rights under Subsection (b)(2) unless the court, after reviewing
75-23 the petitioner's sworn affidavit describing the petitioner's effort
75-24 to identify and locate the alleged [biological] father and
75-25 considering any evidence submitted by the attorney ad litem for the
75-26 alleged [biological] father, has found that the petitioner
75-27 exercised due diligence in attempting to identify and locate the
76-1 alleged [biological] father. The order shall contain specific
76-2 findings regarding due diligence of the petitioner.
76-3 SECTION 2.17. Section 233.028(d), Family Code, is amended to
76-4 read as follows:
76-5 (d) If genetic [parentage] testing identifies [does not
76-6 exclude] the alleged parent as the parent of the child and the
76-7 results of a verified written report of a genetic [parentage]
76-8 testing expert meet the requirements of Chapter 160 for issuing a
76-9 temporary order, the Title IV-D agency may conduct a negotiation
76-10 conference to resolve any issues of support and file with the court
76-11 a child support review order.
76-12 SECTION 2.18. Section 42(b)(1), Texas Probate Code, is
76-13 amended to read as follows:
76-14 (1) For the purpose of inheritance, a child is the
76-15 child of his biological father if the child is born under
76-16 circumstances described by Section 160.201 [151.002], Family Code,
76-17 is adjudicated to be the child of the father by court decree as
76-18 provided by Chapter 160, Family Code, was adopted by his father, or
76-19 if the father executed an acknowledgment [a statement] of paternity
76-20 as provided by Subchapter D, Chapter 160 [Section 160.202], Family
76-21 Code, or a like statement properly executed in another
76-22 jurisdiction, so that he and his issue shall inherit from his
76-23 father and from his paternal kindred, both descendants, ascendants,
76-24 and collaterals in all degrees, and they may inherit from him and
76-25 his issue. A person claiming to be a biological child of the
76-26 decedent, who is not otherwise presumed to be a child of the
76-27 decedent, or claiming inheritance through a biological child of the
77-1 decedent, who is not otherwise presumed to be a child of the
77-2 decedent, may petition the probate court for a determination of
77-3 right of inheritance. If the court finds by clear and convincing
77-4 evidence that the purported father was the biological father of the
77-5 child, the child is treated as any other child of the decedent for
77-6 the purpose of inheritance and he and his issue may inherit from
77-7 his paternal kindred, both descendants, ascendants, and collaterals
77-8 in all degrees, and they may inherit from him and his issue. This
77-9 section does not permit inheritance by a purported father of a
77-10 child, whether recognized or not, if the purported father's
77-11 parental rights have been terminated.
77-12 ARTICLE 3. EFFECTIVE DATE AND TRANSITION
77-13 SECTION 3.01. This Act takes effect immediately if it
77-14 receives a vote of two-thirds of all the members elected to each
77-15 house, as provided by Section 39, Article III, Texas Constitution.
77-16 If this Act does not receive the vote necessary for immediate
77-17 effect, this Act takes effect September 1, 2001.
77-18 SECTION 3.02. The change in law made by this Act applies to
77-19 a motion or other request for relief made in a parentage or
77-20 paternity proceeding that is commenced on or after the effective
77-21 date of this Act. A motion or request for relief in a parentage or
77-22 paternity proceeding commenced before the effective date of this
77-23 Act is governed by the law in effect at the time the proceeding was
77-24 commenced, and the former law is continued in effect for that
77-25 purpose.