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.