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          (d)  For purposes of Subsection (a), evidence that, based on
 12-4    genetic testing, the man who is the signatory of an acknowledgement
 12-5    of paternity is not rebuttably identified as the father of a child
 12-6    in accordance with Section 160.505 constitutes a material mistake
 12-7    of fact.
 12-8          Sec. 160.309.  PROCEDURE FOR RESCISSION OR CHALLENGE. (a)
 12-9    Each signatory to an acknowledgment of paternity and any related
12-10    denial of paternity must be made a party to a proceeding to rescind
12-11    or challenge the acknowledgment or denial of paternity.
12-12          (b)  For purposes of the rescission of or a challenge to an
12-13    acknowledgment of paternity or denial of paternity, a signatory
12-14    submits to the personal jurisdiction of this state by signing the
12-15    acknowledgment or denial.  The jurisdiction is effective on the
12-16    filing of the document with the bureau of vital statistics.
12-17          (c)  Except for good cause shown, while a proceeding is
12-18    pending to rescind or challenge an acknowledgment of paternity or a
12-19    denial of paternity, the court may not suspend the legal
12-20    responsibilities of a signatory arising from the acknowledgment,
12-21    including the duty to pay child support.
12-22          (d)  A proceeding to rescind or to challenge an
12-23    acknowledgment of paternity or a denial of paternity shall be
12-24    conducted in the same manner as a proceeding to adjudicate
12-25    parentage under Subchapter G.
12-26          (e)  At the conclusion of a proceeding to rescind or
12-27    challenge an acknowledgment of paternity or a denial of paternity,
 13-1    the court shall order the bureau of vital statistics to amend the
 13-2    birth record of the child, if appropriate.
 13-3          Sec. 160.310.  RATIFICATION BARRED. A court or administrative
 13-4    agency conducting a judicial or administrative proceeding may not
 13-5    ratify an unchallenged acknowledgment of paternity.
 13-6          Sec. 160.311.  FULL FAITH AND CREDIT.  A court of this state
 13-7    shall give full faith and credit to an acknowledgment of paternity
 13-8    or a denial of paternity that is effective in another state if the
 13-9    acknowledgment or denial has been signed and is otherwise in
13-10    compliance with the law of the other state.
13-11          Sec. 160.312.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
13-12    PATERNITY. (a)  To facilitate compliance with this subchapter, the
13-13    bureau of vital statistics shall prescribe forms for the
13-14    acknowledgment of paternity and the denial of paternity.
13-15          (b)  A valid acknowledgment of paternity or denial of
13-16    paternity is not affected by a later modification of the prescribed
13-17    form.
13-18          Sec. 160.313.  RELEASE OF INFORMATION.  The bureau of vital
13-19    statistics may release information relating to the acknowledgment
13-20    of paternity or denial of paternity to a signatory of the
13-21    acknowledgment or denial and to the courts and Title IV-D agency of
13-22    this or another state.
13-23          Sec. 160.314.  ADOPTION OF RULES. The Title IV-D agency and
13-24    the bureau of vital statistics may adopt rules to implement this
13-25    subchapter.
13-26          Sec. 160.315.  MEMORANDUM OF UNDERSTANDING. (a)  The Title
13-27    IV-D agency and the bureau of vital statistics shall adopt a
 14-1    memorandum of understanding governing the collection and transfer
 14-2    of information for the voluntary acknowledgment of paternity.
 14-3          (b)  The Title IV-D agency and the bureau of vital statistics
 14-4    shall review the memorandum semiannually and renew or modify the
 14-5    memorandum as necessary.
 14-6          Sec. 160.316.  SUIT TO CONTEST VOLUNTARY STATEMENT OF
 14-7    PATERNITY. (a)  A man who executed a voluntary statement of
 14-8    paternity before September 1, 1999, and who, on the basis of that
 14-9    statement, is the subject of a final order declaring him to be a
14-10    parent of the child who is the subject of the statement may file a
14-11    suit affecting the parent-child relationship to contest the
14-12    statement on the basis of fraud, duress, or material mistake of
14-13    fact in the same manner that a person may contest an acknowledgment
14-14    of paternity under Sections 160.308 and 160.309.  For purposes of
14-15    this subsection, evidence that, based on genetic testing, the man
14-16    is not rebuttably identified as the father of a child in accordance
14-17    with Section 160.505 constitutes a material mistake of fact.
14-18          (b)  A suit filed under this section to contest a voluntary
14-19    statement of paternity is not affected by an order with respect to
14-20    the child that was rendered on the basis of that statement.
14-21          (c)  The court, on a preliminary finding in a suit under this
14-22    section that there is credible evidence of fraud, duress, or
14-23    material mistake of fact regarding the execution of the voluntary
14-24    statement of paternity, shall order genetic testing as provided by
14-25    Subchapter F.  The person contesting the voluntary statement of
14-26    paternity shall pay the cost of the testing.
14-27          (d)  Except as provided by Subsection (e), if the results of
 15-1    the genetic testing do not rebuttably identify the man as the
 15-2    father of the child in accordance with Section 160.505, the court
 15-3    shall set aside:
 15-4                (1)  the final order declaring the man to be a parent
 15-5    of the child; and
 15-6                (2)  any other order with respect to the child that was
 15-7    rendered on the basis of the voluntary statement of paternity.
 15-8          (e)  The court may not set aside under Subsection (d) a final
 15-9    order declaring a man to be a parent of a child if the man who
15-10    executed the voluntary statement of paternity:
15-11                (1)  executed the statement knowing that he was not the
15-12    father of the child; or
15-13                (2)  subsequently adopted the child.
15-14          (f)  If the court sets aside a final order as provided by
15-15    Subsection (d), the court shall order the bureau of vital
15-16    statistics to amend the birth record of the child.  The court may
15-17    not as a result of the order being set aside:
15-18                (1)  require an obligee to repay child support paid by
15-19    the man who executed the voluntary statement of paternity; or
15-20                (2)  award damages to the man who executed the
15-21    voluntary statement of paternity.
15-22          (g)  A suit under this section must be filed before September
15-23    1, 2003.
15-24          (h)  This section expires September 1, 2004.
15-25             (Sections 160.317-160.400 reserved for expansion
15-26                   SUBCHAPTER E.  REGISTRY OF PATERNITY
15-27          Sec. 160.401.  ESTABLISHMENT OF REGISTRY.  A registry of
 16-1    paternity is established in the bureau of vital statistics.
 16-2          Sec. 160.402.  REGISTRATION FOR NOTIFICATION. (a)  Except as
 16-3    otherwise provided by Subsection (b), a man who desires to be
 16-4    notified of a proceeding for the adoption of or the termination of
 16-5    parental rights regarding a child that he may have fathered may
 16-6    register with the registry of paternity:
 16-7                (1)  before the birth of the child; or
 16-8                (2)  not later than the 31st day after the date of the
 16-9    birth of the child.
16-10          (b)  A man is entitled to notice of a proceeding described by
16-11    Subsection (a) regardless of whether he registers with the registry
16-12    of paternity if:
16-13                (1)  a father-child relationship between the man and
16-14    the child has been established under this chapter or another law;
16-15    or
16-16                (2)  the man commences a proceeding to adjudicate his
16-17    paternity before the court has terminated his parental rights.
16-18          (c)  A registrant shall promptly notify the registry in a
16-19    record of any change in the information provided by the registrant.
16-20    The bureau of vital statistics shall incorporate all new
16-21    information received into its records but is not required to
16-22    affirmatively seek to obtain current information for incorporation
16-23    in the registry.
16-24          Sec. 160.403.  NOTICE OF PROCEEDING. Notice of a proceeding
16-25    to adopt or to terminate parental rights regarding a child must be
16-26    given to a registrant who has timely registered with regard to that
16-27    child. Notice must be given in a manner prescribed for service of
 17-1    process in a civil action.
 17-2          Sec. 160.404.  TERMINATION OF PARENTAL RIGHTS:  FAILURE TO
 17-3    REGISTER. The parental rights of a man alleged to be the father of
 17-4    a child may be terminated without notice as provided by Section
 17-5    161.002 if the man:
 17-6                (1)  did not timely register with the bureau of vital
 17-7    statistics; and
 17-8                (2)  is not entitled to notice under Section 160.402 or
 17-9    161.002.
17-10             (Sections 160.405-160.410 reserved for expansion
17-11          Sec. 160.411.  REQUIRED FORM. The bureau of vital statistics
17-12    shall adopt a form for registering with the registry.  The form
17-13    must require the signature of the registrant.  The form must state
17-14    that:
17-15                (1)  the form is signed under penalty of perjury;
17-16                (2)  a timely registration entitles the registrant to
17-17    notice of a proceeding for adoption of the child or for termination
17-18    of the registrant's parental rights;
17-19                (3)  a timely registration does not commence a
17-20    proceeding to establish paternity;
17-21                (4)  the information disclosed on the form may be used
17-22    against the registrant to establish paternity;
17-23                (5)  services to assist in establishing paternity are
17-24    available to the registrant through the support enforcement agency;
17-25                (6)  the registrant should also register in another
17-26    state if the conception or birth of the child occurred in the other
17-27    state;
 18-1                (7)  information on registries in other states is
 18-2    available from the bureau of vital statistics; and
 18-3                (8)  procedures exist to rescind the registration of a
 18-4    claim of paternity.
 18-5          Sec. 160.412.  FURNISHING OF INFORMATION; CONFIDENTIALITY.
 18-6    (a)  The bureau of vital statistics is not required to attempt to
 18-7    locate the mother of a child who is the subject of a registration.
 18-8    The bureau of vital statistics shall send a copy of the notice of
 18-9    the registration to a mother who has provided an address.
18-10          (b)  Information contained in the registry is confidential
18-11    and may be released on request only to:
18-12                (1)  a court or a person designated by the court;
18-13                (2)  the mother of the child who is the subject of the
18-14    registration;
18-15                (3)  an agency authorized by another law to receive the
18-16    information;
18-17                (4)  a licensed child-placing agency;
18-18                (5)  a support enforcement agency;
18-19                (6)  a party, or the party's attorney of record, to a
18-20    proceeding under this chapter or a proceeding to adopt or to
18-21    terminate parental rights regarding a child who is the subject of
18-22    the registration; and
18-23                (7)  the registry of paternity in another state.
18-24          Sec. 160.413.  OFFENSE: UNAUTHORIZED RELEASE OF INFORMATION.
18-25    (a)  A person commits an offense if the person intentionally
18-26    releases information from the registry of paternity to another
18-27    person, including an agency, that is not authorized to receive the
 19-1    information under Section 160.412.
 19-2          (b)  An offense under this section is a Class A misdemeanor.
 19-3          Sec. 160.414.  RESCISSION OF REGISTRATION. A registrant may
 19-4    rescind his registration at any time by sending to the registry a
 19-5    rescission in a record or another manner authenticated by him and
 19-6    witnessed or notarized.
 19-7          Sec. 160.415.  UNTIMELY REGISTRATION. If a man registers
 19-8    later than the 30th day after the date of the birth of the child,
 19-9    the bureau of vital statistics shall notify the registrant that the
19-10    registration was not timely filed.
19-11          Sec. 160.416.  FEES FOR REGISTRY. (a)  A fee may not be
19-12    charged for filing a registration or to rescind a registration.
19-13          (b)  Except as otherwise provided by Subsection (c), the
19-14    bureau of vital statistics may charge a reasonable fee for making a
19-15    search of the registry and for furnishing a certificate.
19-16          (c)  A support enforcement agency is not required to pay a
19-17    fee authorized by Subsection (b).
19-18             (Sections 160.417-160.420 reserved for expansion
19-19          Sec. 160.421.  SEARCH OF APPROPRIATE REGISTRY. (a)  If a
19-20    father-child relationship has not been established under this
19-21    chapter, a petitioner for the adoption of or the termination of
19-22    parental rights regarding the child must obtain a certificate of
19-23    the results of a search of the registry.
19-24          (b)  If the petitioner for the adoption of or the termination
19-25    of parental rights regarding a child has reason to believe that the
19-26    conception or birth of the child may have occurred in another
19-27    state, the petitioner must obtain a certificate of the results of a
 20-1    search of the paternity registry, if any, in the other state.
 20-2          Sec. 160.422.  CERTIFICATE OF SEARCH OF REGISTRY. (a)  The
 20-3    bureau of vital statistics shall furnish a certificate of the
 20-4    results of a search of the registry on request by an individual, a
 20-5    court, or an agency listed in Section 160.412(b).
 20-6          (b)  The certificate of the results of a search must be
 20-7    signed on behalf of the bureau and state that:
 20-8                (1)  a search has been made of the registry; and
 20-9                (2)  a registration containing the information required
20-10    to identify the registrant:
20-11                      (A)  has been found and is attached to the
20-12    certificate; or
20-13                      (B)  has not been found.
20-14          (c)  A petitioner must file the certificate of the results of
20-15    a search of the registry with the court before a proceeding for the
20-16    adoption of or termination of parental rights regarding a child may
20-17    be concluded.
20-18          (d)  A search of the registry is not required if the only man
20-19    alleged to be the father of the child has signed a waiver of
20-20    interest in, or relinguishment of parental rights with regard to,
20-21    the child.
20-22          Sec. 160.423.  ADMISSIBILITY OF CERTIFICATE. A certificate of
20-23    the results of a search of the registry in this state or of a
20-24    paternity registry in another state is admissible in a proceeding
20-25    for the adoption of or the termination of parental rights regarding
20-26    a child and, if relevant, in other legal proceedings.
20-27             (Sections 160.424-160.500 reserved for expansion
 21-1                      SUBCHAPTER F.  GENETIC TESTING
 21-2          Sec. 160.501.  APPLICATION OF SUBCHAPTER.  This subchapter
 21-3    governs genetic testing of an individual to determine parentage,
 21-4    regardless of whether the individual:
 21-5                (1)  voluntarily submits to testing; or
 21-6                (2)  is tested under an order of a court or a support
 21-7    enforcement agency.
 21-8          Sec. 160.502.  ORDER FOR TESTING. (a)  Except as otherwise
 21-9    provided by this subchapter and by Subchapter G, a court shall
21-10    order a child and other designated individuals to submit to genetic
21-11    testing if the request is made by a party to a proceeding to
21-12    determine parentage.
21-13          (b)  If a request for genetic testing of a child is made
21-14    before the birth of the child, the court or support enforcement
21-15    agency may not order in utero testing.
21-16          (c)  If two or more men are subject to court-ordered genetic
21-17    testing, the testing may be ordered concurrently or sequentially.
21-18          Sec. 160.503.  REQUIREMENTS FOR GENETIC TESTING. (a) Genetic
21-19    testing must be of a type reasonably relied on by experts in the
21-20    field of genetic testing.  The testing must be performed in a
21-21    testing laboratory accredited by:
21-22                (1)  the American Association of Blood Banks, or a
21-23    successor to its functions;
21-24                (2)  the American Society for Histocompatibility and
21-25    Immunogenetics, or a successor to its functions; or
21-26                (3)  an accrediting body designated by the federal
21-27    secretary of health and human services.
 22-1          (b)  A specimen used in genetic testing may consist of one or
 22-2    more samples, or a combination of samples, of blood, buccal cells,
 22-3    bone, hair, or other body tissue or fluid.  The specimen used in
 22-4    the testing is not required to be of the same kind for each
 22-5    individual undergoing genetic testing.
 22-6          (c)  Based on the ethnic or racial group of an individual,
 22-7    the testing laboratory shall determine the databases from which to
 22-8    select frequencies for use in the calculation of the probability of
 22-9    paternity of the individual.  If there is disagreement as to the
22-10    testing laboratory's choice:
22-11                (1)  the objecting individual may require the testing
22-12    laboratory, not later than the 30th day after the date of receipt
22-13    of the report of the test, to recalculate the probability of
22-14    paternity using an ethnic or racial group different from that used
22-15    by the laboratory;
22-16                (2)  the individual objecting to the testing
22-17    laboratory's initial choice shall:
22-18                      (A)  if the frequencies are not available to the
22-19    testing laboratory for the ethnic or racial group requested,
22-20    provide the requested frequencies compiled in a manner recognized
22-21    by accrediting bodies; or
22-22                      (B)  engage another testing laboratory to perform
22-23    the calculations; and
22-24                (3)  the testing laboratory may use its own statistical
22-25    estimate if there is a question regarding which ethnic or racial
22-26    group is appropriate and, if available, shall calculate the
22-27    frequencies using statistics for any other ethnic or racial group
 23-1    requested.
 23-2          (d)  If, after recalculation using a different ethnic or
 23-3    racial group, genetic testing does not rebuttably identify a man as
 23-4    the father of a child under Section 160.505, an individual who has
 23-5    been tested may be required to submit to additional genetic
 23-6    testing.
 23-7          Sec. 160.504.  REPORT OF GENETIC TESTING. (a)  A report of
 23-8    the results of genetic testing must be in a record and signed under
 23-9    penalty of perjury by a designee of the testing laboratory. A
23-10    report made under the requirements of this subchapter is
23-11    self-authenticating.
23-12          (b)  Documentation from the testing laboratory is sufficient
23-13    to establish a reliable chain of custody that allows the results of
23-14    genetic testing to be admissible without testimony if the
23-15    documentation includes:
23-16                (1)  the name and photograph of each individual whose
23-17    specimens have been taken;
23-18                (2)  the name of each individual who collected the
23-19    specimens;
23-20                (3)  the places in which the specimens were collected
23-21    and the date of each collection;
23-22                (4)  the name of each individual who received the
23-23    specimens in the testing laboratory; and
23-24                (5)  the dates the specimens were received.
23-25          Sec. 160.505.  GENETIC TESTING RESULTS; REBUTTAL. (a)  A man
23-26    is rebuttably identified as the father of a child under this
23-27    chapter if the genetic testing complies with this subchapter and
 24-1    the results disclose:
 24-2                (1)  that the man has at least a 99 percent probability
 24-3    of paternity, using a prior probability of 0.5, as calculated by
 24-4    using the combined paternity index obtained in the testing; and
 24-5                (2)  a combined paternity index of at least 100 to 1.
 24-6          (b)  A man identified as the father of a child under
 24-7    Subsection (a)  may rebut the genetic testing results only by
 24-8    producing other genetic testing satisfying the requirements of this
 24-9    subchapter that:
24-10                (1)  excludes the man as a genetic father of the child;
24-11    or
24-12                (2)  identifies another man as the possible father of
24-13    the child.
24-14          (c)  Except as otherwise provided by Section 160.510, if more
24-15    than one man is identified by genetic testing as the possible
24-16    father of the child, the court shall order each man to submit to
24-17    further genetic testing to identify the genetic father.
24-18          Sec. 160.506.  COSTS OF GENETIC TESTING. (a)  Subject to the
24-19    assessment of costs under Subchapter G, the cost of initial genetic
24-20    testing must be advanced:
24-21                (1)  by a support enforcement agency, if the agency is
24-22    providing services in the proceeding;
24-23                (2)  by the individual who made the request;
24-24                (3)  as agreed by the parties; or
24-25                (4)  as ordered by the court.
24-26          (b)  In cases in which the cost of genetic testing is
24-27    advanced by the support enforcement agency, the agency may seek
 25-1    reimbursement from a man who is rebuttably identified as the
 25-2    father.
 25-3          Sec. 160.507.  ADDITIONAL GENETIC TESTING. The court or the
 25-4    support enforcement agency shall order additional genetic testing
 25-5    on the request of a party who contests the result of the original
 25-6    testing. If the previous genetic testing identified a man as the
 25-7    father of the child under Section 160.505, the court or agency may
 25-8    not order additional testing unless the party provides advance
 25-9    payment for the testing.
25-10          Sec. 160.508.  GENETIC TESTING WHEN ALL INDIVIDUALS NOT
25-11    AVAILABLE. (a)  Subject to Subsection (b), if a genetic testing
25-12    specimen for good cause and under circumstances the court considers
25-13    to be just is not available from a man who may be the father of a
25-14    child, a court may order the following individuals to submit
25-15    specimens for genetic testing:
25-16                (1)  the parents of the man;
25-17                (2)  any brothers or sisters of the man;
25-18                (3)  any other children of the man and their mothers;
25-19    and
25-20                (4)  other relatives of the man necessary to complete
25-21    genetic testing.
25-22          (b)  A court may not render an order under this section
25-23    unless the court finds that the need for genetic testing outweighs
25-24    the legitimate interests of the individual sought to be tested.
25-25          Sec. 160.509.  DECEASED INDIVIDUAL. For good cause shown, the
25-26    court may order genetic testing of a deceased individual.
25-27          Sec. 160.510.  IDENTICAL BROTHERS. (a)  The court may order
 26-1    genetic testing of a brother of a man identified as the father of a
 26-2    child if the man is commonly believed to have an identical brother
 26-3    and evidence suggests that the brother may be the genetic father of
 26-4    the child.
 26-5          (b)  If each brother satisfies the requirements of Section
 26-6    160.505 for being the identified father of the child and there is
 26-7    not another identical brother being identified as the father of the
 26-8    child, the court may rely on nongenetic evidence to adjudicate
 26-9    which brother is the father of the child.
26-10          Sec. 160.511.  OFFENSE: UNAUTHORIZED RELEASE OF SPECIMEN. (a)
26-11    A person commits an offense if the person intentionally releases an
26-12    identifiable specimen of another person for any purpose not
26-13    relevant to the parentage proceeding and without a court order or
26-14    the written permission of the person who furnished the specimen.
26-15          (b)  An offense under this section is a Class A misdemeanor.
26-16             (Sections 160.512-160.600 reserved for expansion
26-17             SUBCHAPTER G.  PROCEEDING TO ADJUDICATE PARENTAGE
26-18          Sec. 160.601.  PROCEEDING AUTHORIZED;  RULES OF PROCEDURE.
26-19    (a)  A civil proceeding may be maintained to adjudicate the
26-20    parentage of a child.
26-21          (b)  The proceeding is governed by the Texas Rules of Civil
26-22    Procedure.
26-23          Sec. 160.602.  STANDING TO MAINTAIN PROCEEDING. Subject to
26-24    Subchapter D and Sections 160.607 and 160.609, a proceeding to
26-25    adjudicate parentage may be maintained by:
26-26                (1)  the child;
26-27                (2)  the mother of the child;
 27-1                (3)  a man whose paternity of the child is to be
 27-2    adjudicated;
 27-3                (4)  the support enforcement agency or another
 27-4    government agency authorized by other law;
 27-5                (5)  an authorized adoption agency or licensed
 27-6    child-placing agency;
 27-7                (6)  a representative authorized by law to act for an
 27-8    individual who would otherwise be entitled to maintain a proceeding
 27-9    but who is deceased, is incapacitated, or is a minor; or
27-10                (7)  a person related within the second degree by
27-11    consanguinity to the mother of the child, if the mother is
27-12    deceased.
27-13          Sec. 160.603.  NECESSARY PARTIES TO PROCEEDING. The following
27-14    individuals must be joined as parties in a proceeding to adjudicate
27-15    parentage:
27-16                (1)  the mother of the child; and
27-17                (2)  a man whose paternity of the child is to be
27-18    adjudicated.
27-19          Sec. 160.604.  PERSONAL JURISDICTION. (a)  An individual may
27-20    not be adjudicated to be a parent unless the court has personal
27-21    jurisdiction over the individual.
27-22          (b)  A court of this state having jurisdiction to adjudicate
27-23    parentage may exercise personal jurisdiction over a nonresident
27-24    individual or the guardian or conservator of the individual if the
27-25    conditions in Section 159.201 are satisfied.
27-26          (c)  Lack of jurisdiction over one individual does not
27-27    preclude the court from making an adjudication of parentage binding
 28-1    on another individual over whom the court has personal
 28-2    jurisdiction.
 28-3          Sec. 160.605.  VENUE. Venue for a proceeding to adjudicate
 28-4    parentage is in the county of this state in which:
 28-5                (1)  the child resides or is found;
 28-6                (2)  the respondent resides or is found if the child
 28-7    does not reside in this state; or
 28-8                (3)  a proceeding for probate or administration of the
 28-9    presumed or alleged father's estate has been commenced.
28-10          Sec. 160.606.  NO TIME LIMITATION:  CHILD HAVING NO PRESUMED,
28-11    ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate the
28-12    parentage of a child having no presumed, acknowledged, or
28-13    adjudicated father may be commenced at any time, including after
28-14    the date:
28-15                (1)  the child becomes an adult; or
28-16                (2)  an earlier proceeding to adjudicate paternity has
28-17    been dismissed based on the application of a statute of limitation
28-18    then in effect.
28-19          Sec. 160.607.  TIME LIMITATION:  CHILD HAVING PRESUMED
28-20    FATHER. (a)  Except as otherwise provided by Subsection (b), a
28-21    proceeding brought by a presumed father, the mother, or another
28-22    individual to adjudicate the parentage of a child having a presumed
28-23    father shall be commenced not later than the fourth anniversary of
28-24    the date of the birth of the child.
28-25          (b)  A proceeding seeking to disprove the father-child
28-26    relationship between a child and the child's presumed father may be
28-27    maintained at any time if the court determines that:
 29-1                (1)  the presumed father and the mother of the child
 29-2    did not live together or  engage in sexual intercourse with each
 29-3    other during the probable time of conception; and
 29-4                (2)  the presumed father never openly treated the child
 29-5    as his own.
 29-6          Sec. 160.608.  AUTHORITY TO DENY MOTION FOR GENETIC TESTING.
 29-7    (a)  In a proceeding to adjudicate parentage under circumstances
 29-8    described by Section 160.607, a court may deny a motion for an
 29-9    order for the genetic testing of the mother, the child, and the
29-10    presumed father if the court determines that:
29-11                (1)  the conduct of the mother or the presumed father
29-12    estops that party from denying parentage; and
29-13                (2)  it would be inequitable to disprove the
29-14    father-child relationship between the child and the presumed
29-15    father.
29-16          (b)  In determining whether to deny a motion for an order for
29-17    genetic testing under this section, the court shall consider the
29-18    best interest of the child, including the following factors:
29-19                (1)  the length of time between the date of the
29-20    proceeding to adjudicate parentage and the date the presumed father
29-21    was placed on notice that he might not be the genetic father;
29-22                (2)  the length of time during which the presumed
29-23    father has assumed the role of father of the child;
29-24                (3)  the facts surrounding the presumed father's
29-25    discovery of his possible nonpaternity;
29-26                (4)  the nature of the relationship between the child
29-27    and the presumed father;
 30-1                (5)  the age of the child;
 30-2                (6)  any harm that may result to the child if presumed
 30-3    paternity is successfully disproved;
 30-4                (7)  the nature of the relationship between the child
 30-5    and the alleged father;
 30-6                (8)  the extent to which the passage of time reduces
 30-7    the chances of establishing the paternity of another man and a
 30-8    child support obligation in favor of the child; and
 30-9                (9)  other factors that may affect the equities arising
30-10    from the disruption of the father-child relationship between the
30-11    child and the presumed father or the chance of other harm to the
30-12    child.
30-13          (c)  In a proceeding involving the application of this
30-14    section, a child who is a minor or is incapacitated must be
30-15    represented by a guardian ad litem.
30-16          (d)  A denial of a motion for an order for genetic testing
30-17    must be based on clear and convincing evidence.
30-18          (e)  If the court denies a motion for an order for genetic
30-19    testing, the court shall issue an order adjudicating the presumed
30-20    father to be the father of the child.
30-21          Sec. 160.609.  TIME  LIMITATION:  CHILD HAVING ACKNOWLEDGED
30-22    OR ADJUDICATED FATHER. (a)  If a child has an acknowledged father,
30-23    a signatory to the acknowledgment or denial of paternity may
30-24    commence a proceeding seeking to rescind the acknowledgment or
30-25    denial or to challenge the paternity of the child only within the
30-26    time allowed under Section 160.307 or 160.308.
30-27          (b)  If a child has an acknowledged father or an adjudicated
 31-1    father, an individual, other than the child, who is not a signatory
 31-2    to the acknowledgment or a party to the adjudication and who seeks
 31-3    an adjudication of paternity of the child must commence a
 31-4    proceeding not later than the fourth anniversary of the effective
 31-5    date of the acknowledgment or adjudication.
 31-6          Sec. 160.610.  JOINDER OF PROCEEDINGS. (a)  Except as
 31-7    provided by Subsection (b), a proceeding to adjudicate parentage
 31-8    may be joined with a proceeding for adoption, termination of
 31-9    parental rights, possession of or access to a child, child support,
31-10    divorce, annulment, or probate or administration of an estate or
31-11    another appropriate proceeding.
31-12          (b)  A respondent may not join a proceeding described by
31-13    Subsection (a) with a proceeding to adjudicate parentage brought
31-14    under Chapter 159.
31-15          Sec. 160.611.  PROCEEDINGS BEFORE BIRTH. (a)  A proceeding to
31-16    determine parentage commenced before the birth of the child may not
31-17    be concluded until after the birth of the child.
31-18          (b)  In a proceeding described by Subsection (a), the
31-19    following actions may be taken before the birth of the child:
31-20                (1)  service of process;
31-21                (2)  discovery; and
31-22                (3)  except as prohibited by Section 160.502,
31-23    collection of specimens for genetic testing.
31-24          Sec. 160.612.  CHILD AS PARTY; REPRESENTATION. (a)  A minor
31-25    child is a permissible party, but is not a necessary party to a
31-26    proceeding under this subchapter.
31-27          (b)  The court shall appoint an attorney ad litem to
 32-1    represent a child who is a minor or is incapacitated if the child
 32-2    is a party or the court finds that the interests of the child are
 32-3    not adequately represented.
 32-4             (Sections 160.613-160.620 reserved for expansion
 32-5          Sec. 160.621.  ADMISSIBILITY OF RESULTS OF GENETIC TESTING;
 32-6    EXPENSES. (a)  Except as otherwise provided by Subsection (c), a
 32-7    report of a genetic testing expert is admissible as evidence of the
 32-8    truth of the facts asserted in the report.  The admissibility of
 32-9    the report is not affected by whether the testing was performed:
32-10                (1)  voluntarily or under an order of the court or a
32-11    support enforcement agency; or
32-12                (2)  before or after the date of commencement of the
32-13    proceeding.
32-14          (b)  A party objecting to the results of genetic testing may
32-15    call one or more genetic testing experts to testify in person or by
32-16    telephone, videoconference, deposition, or another method approved
32-17    by the court.  Unless otherwise ordered by the court, the party
32-18    offering the testimony bears the expense for the expert testifying.
32-19          (c)  If a child has a presumed, acknowledged, or adjudicated
32-20    father, the results of genetic testing are inadmissible to
32-21    adjudicate parentage unless performed:
32-22                (1)  with the consent of both the mother and the
32-23    presumed, acknowledged, or adjudicated father; or
32-24                (2)  under an order of the court under Section 160.502.
32-25          (d)  Copies of bills for genetic testing and for prenatal and
32-26    postnatal health care for the mother and child that are furnished
32-27    to the adverse party on or before the 10th day before the date of a
 33-1    hearing are admissible to establish:
 33-2                (1)  the amount of the charges billed; and
 33-3                (2)  that the charges were reasonable, necessary, and
 33-4    customary.
 33-5          Sec. 160.622.  CONSEQUENCES OF DECLINING GENETIC TESTING. (a)
 33-6    An order for genetic testing is enforceable by contempt.
 33-7          (b)  A court may adjudicate parentage contrary to the
 33-8    position of an individual whose paternity is being determined on
 33-9    the grounds that the individual declines to submit to genetic
33-10    testing as ordered by the court.
33-11          (c)  Genetic testing of the mother of a child is not a
33-12    prerequisite to testing the child and a man whose paternity is
33-13    being determined. If the mother is unavailable or declines to
33-14    submit to genetic testing, the court may order the testing of the
33-15    child and each man whose paternity is being adjudicated.
33-16          Sec. 160.623.  ADMISSION OF PATERNITY AUTHORIZED. (a)  A
33-17    respondent in a proceeding to adjudicate parentage may admit to the
33-18    paternity of a child by filing a pleading to that effect or by
33-19    admitting paternity under penalty of perjury when making an
33-20    appearance or during a hearing.
33-21          (b)  If the court finds that the admission of paternity
33-22    satisfies the requirements of this section and that there is no
33-23    reason to question the admission, the court shall render an order
33-24    adjudicating the child to be the child of the man admitting
33-25    paternity.
33-26          Sec. 160.624.  TEMPORARY ORDER. (a)  In a proceeding under
33-27    this subchapter, the court shall render a temporary order for child
 34-1    support for a child if the order is appropriate and the individual
 34-2    ordered to pay child support:
 34-3                (1)  is a presumed father of the child;
 34-4                (2)  is petitioning to have his paternity adjudicated;
 34-5                (3)  is identified as the father through genetic
 34-6    testing under Section 160.505;
 34-7                (4)  is an alleged father who has declined to submit to
 34-8    genetic testing;
 34-9                (5)  is shown by clear and convincing evidence to be
34-10    the father of the child; or
34-11                (6)  is the mother of the child.
34-12          (b)  A temporary order may include provisions for the
34-13    possession of or access to the child as provided by other laws of
34-14    this state.
34-15             (Sections 160.625-160.630 reserved for expansion
34-16          Sec. 160.631.  RULES FOR ADJUDICATION OF PATERNITY. (a)  The
34-17    court shall apply the rules stated in this section to adjudicate
34-18    the paternity of a child.
34-19          (b)  The paternity of a child having a presumed,
34-20    acknowledged, or adjudicated father may be disproved only by
34-21    admissible results of genetic testing excluding that man as the
34-22    father of the child or identifying another man as the father of the
34-23    child.
34-24          (c)  Unless the results of genetic testing are admitted to
34-25    rebut other results of genetic testing, the man identified as the
34-26    father of a child under Section 160.505 shall be adjudicated as
34-27    being the father of the child.
 35-1          (d)  Unless the results of genetic testing are admitted to
 35-2    rebut other results of genetic testing, a man excluded as the
 35-3    father of a child by genetic testing shall be adjudicated as not
 35-4    being the father of the child.
 35-5          (e)  If the court finds that genetic testing under Section
 35-6    160.505 does not identify or exclude a man as the father of a
 35-7    child, the court may not dismiss the proceeding. In that event, the
 35-8    results of genetic testing and other evidence are admissible to
 35-9    adjudicate the issue of paternity.
35-10          Sec. 160.632.  JURY PROHIBITED. The court shall adjudicate
35-11    paternity of a child without a jury.
35-12          Sec. 160.633.  HEARINGS; INSPECTION OF RECORDS. (a)  On the
35-13    request of a party and for good cause shown, the court may order a
35-14    proceeding under this subchapter closed to the public.
35-15          (b)  A final order in a proceeding under this subchapter is
35-16    available for public inspection.  Other papers and records are
35-17    available only with the consent of the parties or on order of the
35-18    court for good cause.
35-19          Sec. 160.634.  ORDER ON DEFAULT. The court shall issue an
35-20    order adjudicating the paternity of a man who:
35-21                (1)  after service of process, is in default; and
35-22                (2)  is found by the court to be the father of a child.
35-23          Sec. 160.635.  DISMISSAL FOR WANT OF PROSECUTION. The court
35-24    may issue an order dismissing a proceeding commenced under this
35-25    chapter for want of prosecution only without prejudice.  An order
35-26    of dismissal for want of prosecution purportedly with prejudice is
35-27    void and has only the effect of a dismissal without prejudice.
 36-1          Sec. 160.636.  ORDER ADJUDICATING PARENTAGE; COSTS. (a)  The
 36-2    court shall render an order adjudicating whether a man alleged or
 36-3    claiming to be the father is the parent of the child.
 36-4          (b)  An order adjudicating parentage must identify the child
 36-5    by name and date of birth.
 36-6          (c)  Except as otherwise provided by Subsection (d), the
 36-7    court may assess filing fees, reasonable attorney's fees, fees for
 36-8    genetic testing, other costs, and necessary travel and other
 36-9    reasonable expenses incurred in a proceeding under this subchapter.
36-10    Attorney's fees awarded by the court may be paid directly to the
36-11    attorney.  An attorney who is awarded attorney's fees may enforce
36-12    the order in the attorney's own name.
36-13          (d)  The court may not assess fees, costs, or expenses
36-14    against the support enforcement agency of this state or another
36-15    state, except as provided by other law.
36-16          (e)  On request of a party and for good cause shown, the
36-17    court may order that the name of the child be changed.
36-18          (f)  If the order of the court is at variance with the
36-19    child's birth certificate, the court shall order the bureau of
36-20    vital statistics to issue an amended birth record.
36-21          (g)  On a finding of parentage, the court may order
36-22    retroactive child support as provided by Chapter 154 and, on a
36-23    proper showing, order a party to pay an equitable portion of all of
36-24    the prenatal and postnatal health care expenses of the mother and
36-25    the child.
36-26          (h)  In rendering an order for retroactive child support
36-27    under this section, the court shall use the child support
 37-1    guidelines provided by Chapter 154, together with any relevant
 37-2    factors.
 37-3          Sec. 160.637.  BINDING EFFECT OF DETERMINATION OF PARENTAGE.
 37-4    (a)  Except as otherwise provided by Subsection (b) or Section
 37-5    160.316, a determination of parentage is binding on:
 37-6                (1)  all signatories to an acknowledgment or denial of
 37-7    paternity as provided by Subchapter D; and
 37-8                (2)  all parties to an adjudication by a court acting
 37-9    under circumstances that satisfy the jurisdictional requirements of
37-10    Section 159.201.
37-11          (b)  A child is not bound by a determination of parentage
37-12    under this chapter unless:
37-13                (1)  the determination was based on an unrescinded
37-14    acknowledgment of paternity and the acknowledgment is consistent
37-15    with the results of genetic testing;
37-16                (2)  the adjudication of parentage was based on a
37-17    finding consistent with the results of genetic testing and the
37-18    consistency is declared in the determination or is otherwise shown;
37-19    or
37-20                (3)  the child was a party or was represented in the
37-21    proceeding determining parentage by an attorney ad litem.
37-22          (c)  In a proceeding to dissolve a marriage, the court is
37-23    considered to have made an adjudication of the parentage of a child
37-24    if the court acts under circumstances that satisfy the
37-25    jurisdictional requirements of Section 159.201, and the final
37-26    order:
37-27                (1)  expressly identifies the child as "a child of the
 38-1    marriage" or "issue of the marriage" or uses similar words
 38-2    indicating that the husband is the father of the child; or
 38-3                (2)  provides for the payment of child support for the
 38-4    child by the husband unless paternity is specifically disclaimed in
 38-5    the order.
 38-6          (d)  Except as otherwise provided by Subsection (b), a
 38-7    determination of parentage may be a defense in a subsequent
 38-8    proceeding seeking to adjudicate parentage by an individual who was
 38-9    not a party to the earlier proceeding.
38-10          (e)  A party to an adjudication of paternity may challenge
38-11    the adjudication only under the laws of this state relating to
38-12    appeal, the vacating of judgments, or other judicial review.
38-13             (Sections 160.638-160.700 reserved for expansion
38-14               SUBCHAPTER H.  CHILD OF ASSISTED REPRODUCTION
38-15          Sec. 160.701.  SCOPE OF SUBCHAPTER. This subchapter applies
38-16    only to a child conceived by means of assisted reproduction.
38-17          Sec. 160.702.  PARENTAL STATUS OF DONOR. A donor is not a
38-18    parent of a child conceived by means of assisted reproduction.
38-19          Sec. 160.703.  HUSBAND'S PATERNITY OF CHILD OF ASSISTED
38-20    REPRODUCTION. If a husband provides sperm for or consents to
38-21    assisted reproduction by his wife as provided by Section 160.704,
38-22    he is the father of a resulting child.
38-23          Sec. 160.704.  CONSENT TO ASSISTED REPRODUCTION. (a)  Consent
38-24    by a married woman to assisted reproduction must be in a record
38-25    signed by the woman and her husband.  This requirement does not
38-26    apply to the donation of eggs by a married woman for assisted
38-27    reproduction by another woman.
 39-1          (b)  Failure by the husband to sign a consent required by
 39-2    Subsection (a) before or after the birth of the child does not
 39-3    preclude a finding that the husband is the father of a child born
 39-4    to his wife if the wife and husband openly treated the child as
 39-5    their own.
 39-6          Sec. 160.705.  LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY.
 39-7    (a)  Except as otherwise provided by Subsection (b), the husband of
 39-8    a wife who gives birth to a child by means of assisted reproduction
 39-9    may not challenge his paternity of the child unless:
39-10                (1)  before the fourth anniversary of the date of
39-11    learning of the birth of the child he commences a proceeding to
39-12    adjudicate his paternity; and
39-13                (2)  the court finds that he did not consent to the
39-14    assisted reproduction before or after the birth of the child.
39-15          (b)  A proceeding to adjudicate paternity may be maintained
39-16    at any time if the court determines that:
39-17                (1)  the husband did not provide sperm for or, before
39-18    or after the birth of the child, consent to assisted reproduction
39-19    by his wife;
39-20                (2)  the husband and the mother of the child have not
39-21    cohabited since the probable time of assisted reproduction; and
39-22                (3)  the husband never openly treated the child as his
39-23    own.
39-24          (c)  The limitations provided by this section apply to a
39-25    marriage declared invalid after assisted reproduction.
39-26          Sec. 160.706.  EFFECT OF DISSOLUTION OF MARRIAGE. (a)  If a
39-27    marriage is dissolved before the placement of eggs, sperm, or
 40-1    embryos, the former spouse is not a parent of the resulting child
 40-2    unless the former spouse consented in a record that if assisted
 40-3    reproduction were to occur after a divorce the former spouse would
 40-4    be a parent of the child.
 40-5          (b)  The consent of a former spouse to assisted reproduction
 40-6    may be withdrawn by that individual in a record at any time before
 40-7    the placement of eggs, sperm, or embryos.
 40-8          Sec. 160.707.  PARENTAL STATUS OF DECEASED SPOUSE. If a
 40-9    spouse dies before the placement of eggs, sperm, or embryos, the
40-10    deceased spouse is not a parent of the resulting child unless the
40-11    deceased spouse consented in a record that if assisted reproduction
40-12    were to occur after death the deceased spouse would be a parent of
40-13    the child.  [Sec. 160.001.  APPLICABILITY.  This chapter governs a
40-14    suit affecting the parent-child relationship in which the parentage
40-15    of the biological mother or biological father is:]
40-16                [(1)  sought to be adjudicated;]
40-17                [(2)  voluntarily admitted by the putative father; or]
40-18                [(3)  jointly acknowledged by the mother and putative
40-19    father.]
40-20          [Sec. 160.002.  TIME IN WHICH TO BRING SUIT TO DETERMINE
40-21    PARENTAGE. (a)  A suit affecting the parent-child relationship to
40-22    determine parentage under Subchapter B may be brought before the
40-23    birth of the child, but must be brought on or before the second
40-24    anniversary of the date the child becomes an adult, or the suit is
40-25    barred.]
40-26          [(b)  This section applies to a child for whom a parentage
40-27    suit was brought but dismissed because a statute of limitations of
 41-1    less than 18 years was then in effect.]
 41-2          [Sec. 160.003.  NECESSARY PARTY:  REPRESENTATION OF CHILD.
 41-3    (a)  The child is not a necessary party to a suit under this
 41-4    chapter.]
 41-5          [(b)  It is rebuttably presumed in a trial on the merits
 41-6    before a judge or jury that the interests of the child will be
 41-7    adequately represented by the party bringing suit to determine
 41-8    parentage of the child.  If the court finds that the interests of
 41-9    the child will not be adequately represented by a party to the suit
41-10    or are adverse to that party, the court shall appoint an attorney
41-11    ad litem to represent the child.]
41-12          [(c)  The child shall be represented in a settlement
41-13    agreement, dismissal, or nonsuit by a guardian ad litem or an
41-14    attorney ad litem appointed by the court, unless the court finds on
41-15    the record that the interests of the child will be adequately
41-16    represented by a party to the suit or are not adverse to that
41-17    party, and that the court approves the settlement agreement,
41-18    dismissal, or nonsuit.]
41-19          [Sec. 160.004.  TEMPORARY ORDERS. The court may render a
41-20    temporary order authorized in a suit under this title, including an
41-21    order for temporary support of a child, if the person ordered to
41-22    pay support:]
41-23                [(1)  is a presumed parent under Chapter 151;]
41-24                [(2)  is an alleged father petitioning to have his
41-25    paternity adjudicated or who admits paternity in pleadings filed
41-26    with the court;]
41-27                [(3)  is found by the court at the pretrial conference
 42-1    authorized by this chapter not to be excluded as the biological
 42-2    father of the child, with the court finding that at least 99
 42-3    percent of the male population is excluded from being the
 42-4    biological father of the child; or]
 42-5                [(4)  executed a statement or acknowledgment of
 42-6    paternity under Subchapter C.]
 42-7          [Sec. 160.005.  CONSERVATORSHIP, SUPPORT, AND PAYMENTS. (a)
 42-8    In a suit in which a determination of parentage is sought, the
 42-9    court may provide for the managing and possessory conservatorship
42-10    and support of and access to the child.]
42-11          [(b)  On a finding of parentage, the court may order support
42-12    retroactive to the time of the birth of the child and, on a proper
42-13    showing, may order a party to pay an equitable portion of all
42-14    prenatal and postnatal health care expenses of the mother and
42-15    child.]
42-16          [(c)  In making an order for retroactive child support under
42-17    this section, the court shall use the child support guidelines
42-18    provided by Chapter 154 together with any relevant factors.]
42-19          [Sec. 160.006.  FINAL ORDER REGARDING PARENTAGE. (a)  On a
42-20    verdict of the jury, or on a finding of the court if there is no
42-21    jury, the court shall render a final order declaring whether an
42-22    alleged parent is the biological parent of the child.]
42-23          [(b)  The effect of an order declaring that an alleged parent
42-24    is the biological parent of the child is to confirm or create the
42-25    parent-child relationship between the parent and the child for all
42-26    purposes.]
42-27          [(c)  If parentage is established, the order shall state the
 43-1    name of the child.]
 43-2          [Sec. 160.007.  SUIT BARRED. (a)  Except as provided by
 43-3    Subsection (b), a suit under this chapter with respect to a child
 43-4    is barred if final judgment has been rendered by a court of
 43-5    competent jurisdiction:]
 43-6                [(1)  adjudicating a named individual to be the
 43-7    biological father of the child; or]
 43-8                [(2)  terminating the parent-child relationship between
 43-9    the child and each living parent of the child; or]
43-10                [(3)  granting a petition for the adoption of the
43-11    child.]
43-12          [(b)  During the pendency of an appeal or direct attack on a
43-13    judgment described by Subsection (a), a suit under this chapter may
43-14    be filed but shall, on motion of a party, be stayed pending the
43-15    final disposition of the appeal or direct attack on the judgment.]
43-16                      [SUBCHAPTER B.  PARENTAGE SUIT]
43-17          [Sec. 160.101.  DENIAL OF PATERNITY. (a)  The presumption
43-18    that a man is the biological father of a child under Chapter 151
43-19    may be contested by:]
43-20                [(1)  the biological mother of the child;]
43-21                [(2)  a person related within the second degree of
43-22    consanguinity to the biological mother of the child, if the
43-23    biological mother of the child is deceased;]
43-24                [(3)  a man presumed to be the father of the child, who
43-25    may contest his own or another man's presumed paternity;]
43-26                [(4)  a man alleging himself to be the biological
43-27    father of the child; or]
 44-1                [(5)  a governmental entity, authorized agency, or a
 44-2    licensed child-placing agency.]
 44-3          [(b)  A contest of paternity must be raised by an express
 44-4    statement denying paternity of the child in a party's pleadings in
 44-5    the suit, without regard to whether the presumed father or
 44-6    biological mother is a petitioner or respondent.]
 44-7          [(c)  In a suit in which a question of paternity is raised,
 44-8    the court shall conduct the pretrial proceedings and order
 44-9    scientifically accepted paternity testing as provided by this
44-10    chapter.]
44-11          [Sec. 160.102.  ORDER FOR PARENTAGE TESTING. (a)  When the
44-12    respondent appears in a parentage suit, the court shall order the
44-13    mother, an alleged father, and the child to submit to the taking of
44-14    blood, body fluid, or tissue samples for the purpose of
44-15    scientifically accepted parentage testing.]
44-16          [(b)  If the respondent fails to appear and wholly defaults
44-17    or if the allegation of parentage is admitted, the court may waive
44-18    parentage testing.]
44-19          [Sec. 160.103.  REQUIREMENTS OF TESTING. The court shall
44-20    require in its order testing necessary to ascertain the possibility
44-21    of an alleged father's paternity and shall require that the tests
44-22    exclude at least 99 percent of the male population from the
44-23    possibility of being the father of the child, except that the court
44-24    shall permit the omission of any further testing if the testing has
44-25    been conducted sufficiently to establish that an alleged father is
44-26    not the father of the child, or if the costs of testing have
44-27    reached an amount that the court determines to be the greatest
 45-1    amount that may reasonably be borne by one or more parties to the
 45-2    suit.  If the appearance is before the birth of the child, the
 45-3    court shall order the taking of blood, body fluid, or tissue
 45-4    samples to be made as soon as medically practical after the birth.]
 45-5          [Sec. 160.104. APPOINTMENT OF EXPERTS. (a)  The court shall:]
 45-6                [(1)  appoint one or more experts qualified in
 45-7    parentage testing to perform the tests;]
 45-8                [(2)  determine the number and qualifications of the
 45-9    experts; and]
45-10                [(3)  prescribe the arrangements for conducting the
45-11    tests.]
45-12          [(b)  The court may:]
45-13                [(1)  order a reasonable fee for each court-appointed
45-14    expert; and]
45-15                [(2)  require the fee to be paid by any or all of the
45-16    parties in the amounts and in the manner directed or tax all, part,
45-17    or none of the fee as costs in the suit.]
45-18          [(c)  A party may employ other experts qualified in parentage
45-19    testing.  The court may order blood, body fluid, or tissue samples
45-20    made available to these experts if requested.]
45-21          [Sec. 160.105.  PRETRIAL CONFERENCE. (a)  After completion of
45-22    parentage testing, the court shall order all parties to appear,
45-23    either in person or by attorney, at a pretrial conference.]
45-24          [(b)  Either party may call a parentage testing expert to
45-25    testify in person or by deposition about the expert's tests and
45-26    findings.]
45-27          [(c)  A witness at a pretrial conference is governed by the
 46-1    Texas Rules of Civil Evidence.]
 46-2          [(d)  A verified written report of a parentage testing expert
 46-3    is admissible at the pretrial conference as evidence of the truth
 46-4    of the matters it contains.]
 46-5          [(e)  All evidence admitted at the pretrial conference is a
 46-6    part of the record of the case.]
 46-7          [(f)  Parentage test results offered at a pretrial conference
 46-8    are admissible as evidence if the tests were conducted under a
 46-9    court order or by agreement without regard to whether the tests
46-10    were performed before or after the filing of a suit.]
46-11          [Sec. 160.106.  EFFECT OF PARENTAGE TESTS. (a)  At the
46-12    conclusion of the pretrial conference, if the court finds that the
46-13    tests show by clear and convincing evidence that an alleged or
46-14    presumed father is not the father of the child, the court shall
46-15    dismiss with prejudice the parentage suit as to that man.]
46-16          [(b)  If the court finds that the parentage tests do not
46-17    exclude an alleged father as the father of the child, the court
46-18    shall set the suit for trial.]
46-19          [(c)  If the court finds that at least 99 percent of the male
46-20    population is excluded by the tests and that an alleged father is
46-21    not excluded from the possibility of being the child's father, the
46-22    burden of proof at trial is on the party opposing the establishment
46-23    of the alleged father's parentage.]
46-24          [Sec. 160.107.  EFFECT OF REFUSING PARENTAGE TESTING. (a)  An
46-25    order for parentage testing is enforceable by contempt and:]
46-26                [(1)  if the petitioner is the mother or an alleged
46-27    father and refuses to submit to parentage testing, the court may
 47-1    dismiss the suit; or]
 47-2                [(2)  if a party refuses to submit to court-ordered
 47-3    parentage testing, on proof sufficient to render a default judgment
 47-4    the court may resolve the question of parentage against that party.]
 47-5          [(b)  If a parent or an alleged parent refuses to submit to
 47-6    parentage testing, the fact of refusal may be introduced as
 47-7    evidence as provided by this subchapter.]
 47-8          [Sec. 160.108.  PREFERENTIAL TRIAL SETTING. (a)  In a suit
 47-9    provided by this chapter, after a hearing the court shall grant a
47-10    motion for a preferential setting for trial on the merits filed by
47-11    a party to the suit or by the attorney or guardian ad litem for the
47-12    child.  The court shall give precedence to that trial over other
47-13    civil cases if discovery has been completed or sufficient time has
47-14    elapsed since the filing of the suit for the completion of all
47-15    necessary and reasonable discovery if diligently pursued.]
47-16          [(b)  The provisions of this section regarding preferential
47-17    setting apply to trial on the merits without regard to whether the
47-18    suit is set for a trial before the court or before a jury.]
47-19          [Sec. 160.109.  EVIDENCE AT TRIAL. (a)  A party may call a
47-20    parentage testing expert to testify at the trial in person or by
47-21    deposition.]
47-22          [(b)  A verified written report of a parentage testing expert
47-23    is admissible at the trial as evidence of the truth of the matters
47-24    it contains.]
47-25          [(c)  If the parentage tests show the possibility of an
47-26    alleged father's paternity, the court shall admit this evidence if
47-27    offered at the trial.]
 48-1          [(d)  Parentage test results offered at the trial shall be
 48-2    admissible as evidence if the tests were conducted under court
 48-3    order or by agreement, without regard to whether the tests were
 48-4    performed before or after the filing of a suit.]
 48-5          [(e)  The party seeking to establish an alleged father's
 48-6    paternity retains the right to open and close at trial without
 48-7    regard to whether the court has shifted the burden of proof to the
 48-8    opposing party.]
 48-9          [(f)  If a copy is provided to the adverse party and to the
48-10    court at the pretrial conference, submission of a copy of a medical
48-11    bill for the prenatal and postnatal health care expenses of the
48-12    mother and child or for charges directly related to the parentage
48-13    testing constitutes a prima facie showing that the charges are
48-14    reasonable, necessary, and customary and may be admitted as
48-15    evidence of the truth of the matters stated in the bill.]
48-16          [Sec. 160.110.  PRESUMPTIONS; BURDEN OF PROOF. (a)  In a suit
48-17    in which there is a presumption of parentage under Chapter 151, the
48-18    party denying a presumed father's paternity of the child has the
48-19    burden of rebutting the presumption of paternity by clear and
48-20    convincing evidence.]
48-21          [(b)  If the parentage tests show the possibility of an
48-22    alleged father's paternity and that at least 99 percent of the male
48-23    population is excluded from the possibility of being the father,
48-24    evidence of these facts constitutes a prima facie showing of an
48-25    alleged father's paternity, and the party opposing the
48-26    establishment of the alleged father's paternity has the burden of
48-27    proving that the alleged father is not the father of the child.]
 49-1          [(c)  A party who refuses to submit to parentage testing has
 49-2    the burden of proving that an alleged father is not the father of
 49-3    the child.]
 49-4          [(d)  The court shall dismiss with prejudice a claim
 49-5    regarding a presumed father whose paternity is excluded by
 49-6    scientifically accepted paternity testing.]
 49-7          [(e)  If two or more presumptions are in conflict, the
 49-8    presumption that is founded on the weightier considerations of
 49-9    policy and logic controls.  The court shall find that the weightier
49-10    presumption of paternity is that of a presumed father who is not
49-11    excluded as the biological father of the child by scientifically
49-12    accepted paternity testing that shows that at least 99 percent of
49-13    the male population is excluded.]
49-14          [(f)  The court shall dismiss a suit contesting a presumption
49-15    of paternity filed by a man who is not a presumed father, but who
49-16    alleges himself to be the biological father of a child, if:]
49-17                [(1)  the suit is filed after the second anniversary of
49-18    the later of:]
49-19                      [(A)  the date of birth of the child; or]
49-20                      [(B)  the time the presumption of paternity came
49-21    into existence after the child was born; and]
49-22                [(2)  the presumed father:]
49-23                      [(A)  has resided in the same household as the
49-24    child in a father-child relationship or has established a
49-25    father-child relationship with the child through his other actions;
49-26    and]
49-27                      [(B)  requests an order designating him as the
 50-1    father of the child.]
 50-2          [(g)  A suit contesting a presumption that a man is the
 50-3    biological father of a child may be filed at any time during the
 50-4    minority of the child by:]
 50-5                [(1)  the biological mother of the child;]
 50-6                [(2)  a person related within the second degree of
 50-7    consanguinity to the biological mother of the child, if the
 50-8    biological mother of the child is deceased;]
 50-9                [(3)  a presumed father; or]
50-10                [(4)  a governmental entity, authorized agency, or
50-11    licensed child-placing agency.]
50-12          [(h)  If a presumption of paternity is rebutted, the court
50-13    shall enter an order finding that the man presumed to be the father
50-14    of the child is not the biological father.]
50-15           [SUBCHAPTER C.  ACKNOWLEDGMENT OR DENIAL OF PATERNITY]
50-16          [Sec. 160.201.  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
50-17    mother of a child and a man claiming to be the father of the child
50-18    may execute an acknowledgment of paternity as provided by this
50-19    subchapter to establish the man's paternity.]
50-20          [Sec. 160.202.  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
50-21    An acknowledgment of paternity must:]
50-22                [(1)  be in writing;]
50-23                [(2)  be signed by the mother and the putative father;
50-24    and]
50-25                [(3)  state whether the child whose paternity is being
50-26    acknowledged has a presumed father under Section 151.002.]
50-27          [(b)  If the mother declares in the acknowledgment that there
 51-1    is a presumed father of the child, the acknowledgment must be
 51-2    accompanied by a denial of paternity signed by the presumed father,
 51-3    unless the presumed father is the man who has signed the
 51-4    acknowledgment.]
 51-5          [Sec. 160.203.  FILING ACKNOWLEDGMENT OF PATERNITY. (a)  An
 51-6    acknowledgment of paternity executed under this subchapter shall be
 51-7    filed with the bureau of vital statistics.]
 51-8          [(b)  The bureau of vital statistics may not charge a fee to
 51-9    file the acknowledgment.]
51-10          [Sec. 160.204.  SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
51-11    PATERNITY. (a)  An acknowledgment of paternity or a denial of
51-12    paternity may contain the mother's signature and the putative
51-13    father's signature on separate documents.]
51-14          [(b)  An acknowledgment of paternity or a denial of paternity
51-15    may be signed before the birth of the child.]
51-16          [(c)  An adult or a minor may sign an acknowledgment of
51-17    paternity or a denial of paternity.]
51-18          [Sec. 160.205.  EFFECT OF ACKNOWLEDGMENT OF PATERNITY. (a)
51-19    Subject to the right to rescind or contest an acknowledgment of
51-20    paternity under this subchapter, a signed acknowledgment of
51-21    paternity filed with the bureau of vital statistics is a legal
51-22    finding of paternity of a child equivalent to a judicial
51-23    determination.]
51-24          [(b)  If the mother or the man claiming to be the father
51-25    falsely denies the existence of a presumed father in an
51-26    acknowledgment of paternity, the acknowledgment of paternity is
51-27    voidable within the time to rescind under Section 160.206.]
 52-1          [Sec. 160.206.  SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL. (a)
 52-2    Subject to the requirements of Subsection (b), a person who signs
 52-3    an acknowledgment of paternity or a denial of paternity may file a
 52-4    suit affecting the parent-child relationship to rescind the
 52-5    acknowledgment of paternity or denial of paternity.]
 52-6          [(b)  The petition to rescind an acknowledgment of paternity
 52-7    or a denial of paternity must be filed not later than the earlier
 52-8    of:]
 52-9                [(1)  the 61st day after the date the acknowledgment of
52-10    paternity or denial of paternity is filed with the bureau of vital
52-11    statistics; or]
52-12                [(2)  the date of the first hearing before a tribunal
52-13    to determine an issue relating to the child in which the person is
52-14    a party, including a proceeding that establishes support.]
52-15          [(c)  If a proceeding to rescind an acknowledgment of
52-16    paternity or a denial of paternity is filed jointly or agreed to by
52-17    all necessary parties, the court shall order the bureau of vital
52-18    statistics to amend the birth record of the child by removing the
52-19    father's name.]
52-20          [(d)  If the proceeding to rescind is not agreed to by all
52-21    parties, the court shall conduct a hearing in the same manner as a
52-22    proceeding to determine parentage under this chapter.]
52-23          [Sec. 160.207.  SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. (a)
52-24    A person who may contest a presumption of paternity under Section
52-25    160.101 may contest an acknowledgment of paternity or a denial of
52-26    paternity by filing a suit affecting the parent-child relationship.
52-27    A suit to contest an acknowledgment of paternity or a denial of
 53-1    paternity that is filed after the time for a suit to rescind under
 53-2    Section 160.206 may be filed only on the basis of fraud, duress, or
 53-3    material mistake of fact.  The party challenging the acknowledgment
 53-4    of paternity or the denial of paternity has the burden of proof.]
 53-5          [(b)  A suit to contest an acknowledgment of paternity or a
 53-6    denial of paternity shall be conducted in the same manner as a
 53-7    proceeding to determine parentage under this chapter.]
 53-8          [(c)  A person must bring suit to contest an acknowledgment
 53-9    of paternity or a denial of paternity not later than the fourth
53-10    anniversary of the date the acknowledgment of paternity or the
53-11    denial of paternity is filed with the bureau of vital statistics.]
53-12          [(d)  A suit to contest an unrescinded acknowledgment of
53-13    paternity may not be filed after the date a court has rendered an
53-14    order, including a child support order, based on the acknowledgment
53-15    of paternity.]
53-16          [(e)  Notwithstanding any other provision of this chapter, a
53-17    collateral attack on an acknowledgment of paternity executed under
53-18    this subchapter may not be filed after the fourth anniversary of
53-19    the date the acknowledgment of paternity is filed with the bureau
53-20    of vital statistics.]
53-21          [Sec. 160.208.  PROCEDURE FOR SUIT TO RESCIND OR CONTEST. (a)
53-22    Each person who signs an acknowledgment of paternity or a denial of
53-23    paternity must be made a party to a suit to rescind or contest the
53-24    acknowledgment of paternity or denial of paternity.]
53-25          [(b)  Except for good cause shown, the court may not suspend
53-26    the legal responsibility of a person arising from the
53-27    acknowledgment of paternity, including the duty to pay child
 54-1    support, while a suit is pending.]
 54-2          [(c)  On a determination of paternity or nonpaternity, the
 54-3    court shall order the bureau of vital statistics to amend the birth
 54-4    record of the child in accordance with the order of the court.]
 54-5          [Sec. 160.209.  COURT RATIFICATION. An unrescinded and
 54-6    uncontested acknowledgment of paternity is valid and effective
 54-7    without court ratification.  In a judicial, administrative, or
 54-8    other proceeding, parentage of a child may be proved by evidence
 54-9    that an unrescinded and uncontested acknowledgment of paternity of
54-10    the child has been filed with the bureau of vital statistics.]
54-11          [Sec. 160.210.  FULL FAITH AND CREDIT. An acknowledgment of
54-12    paternity signed in another state shall be accorded full faith and
54-13    credit by the courts of this state if the acknowledgment is signed
54-14    in apparent compliance with the other state's law.]
54-15          [Sec. 160.211.  VALIDATION OF EARLIER STATEMENT. A statement
54-16    admitting paternity or an obligation to support a child that was
54-17    signed before September 1, 1999, is valid and binding even though
54-18    the statement is not executed as provided by this subchapter.]
54-19          [Sec. 160.212.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
54-20    PATERNITY. (a)  The bureau of vital statistics shall prescribe
54-21    forms for an acknowledgment of paternity and a denial of paternity
54-22    to comply with this subchapter.]
54-23          [(b)  The forms prescribed under this section must:]
54-24                [(1)  contain information regarding the procedure to
54-25    rescind an acknowledgment or a denial;]
54-26                [(2)  provide that the signatures on the forms are
54-27    witnessed and signed under penalty of perjury; and]
 55-1                [(3)  state whether the mother, the putative father, or
 55-2    the presumed father is a minor.]
 55-3          [(c)  The form for acknowledgment of paternity must inform
 55-4    the putative father that signing the acknowledgment of paternity
 55-5    with the consent of the mother:]
 55-6                [(1)  creates the parent-child relationship between him
 55-7    and the child;]
 55-8                [(2)  imposes upon him a legal duty to support the
 55-9    child; and]
55-10                [(3)  enables a court to grant him the right of custody
55-11    or visitation with the child.]
55-12          [(d)  The form for denial of paternity must inform the man
55-13    that signing the denial of paternity with the consent of the
55-14    mother:]
55-15                [(1)  legally determines his nonpaternity of the child;]
55-16                [(2)  removes the legal duty that he support the child;
55-17    and]
55-18                [(3)  terminates his right of conservatorship or
55-19    possession of or access to the child.]
55-20          [Sec. 160.213.  VALIDITY OF FORMS. The validity of an
55-21    acknowledgment of paternity or a denial of paternity is not
55-22    affected by a modification of the prescribed form by the bureau of
55-23    vital statistics that occurs after the acknowledgment of paternity
55-24    or denial of paternity is signed if the form met the requirements
55-25    of state law at the time it was signed.]
55-26          [Sec. 160.214.  RELEASE OF INFORMATION. The bureau of vital
55-27    statistics shall release information relating to the acknowledgment
 56-1    or denial of paternity and rescinding an acknowledgment or a denial
 56-2    of paternity to the Title IV-D agency and any other person
 56-3    authorized by law.]
 56-4          [Sec. 160.215.  ADOPTION OF RULES. The Title IV-D agency and
 56-5    the bureau of vital statistics may adopt rules to implement this
 56-6    subchapter.]
 56-7          [Sec. 160.216.  MEMORANDUM OF UNDERSTANDING. The Title IV-D
 56-8    agency and the bureau of vital statistics shall adopt a memorandum
 56-9    of understanding governing the collection and transfer of
56-10    information for the voluntary acknowledgment of paternity. The
56-11    Title IV-D agency and the bureau of vital statistics shall review
56-12    the memorandum semiannually and renew or modify the memorandum as
56-13    necessary.]
56-14                    [SUBCHAPTER D.  PATERNITY REGISTRY]
56-15          [Sec. 160.251.  PATERNITY REGISTRY; PURPOSE. (a)  The bureau
56-16    of vital statistics shall establish a paternity registry.]
56-17          [(b)  The bureau of vital statistics shall administer the
56-18    registry to:]
56-19                [(1)  protect the parental rights of fathers who
56-20    affirmatively assume responsibility for children they may have
56-21    fathered; and]
56-22                [(2)  expedite adoptions of children whose biological
56-23    fathers are unwilling to assume responsibility for their children
56-24    by registering with the registry or otherwise acknowledging their
56-25    children.]
56-26          [(c)  The registry does not relieve a mother of the
56-27    obligation to identify the known father of her child.]
 57-1          [(d)  A man is not required to register with the paternity
 57-2    registry if he:]
 57-3                [(1)  is presumed to be the biological father of a
 57-4    child under Chapter 151;]
 57-5                [(2)  has been adjudicated to be the biological father
 57-6    of a child by a court of competent jurisdiction; or]
 57-7                [(3)  has filed an acknowledgment of paternity under
 57-8    Subchapter C.]
 57-9          [Sec. 160.252.  REQUIRED INFORMATION. A man registering with
57-10    the registry shall provide:]
57-11                [(1)  the name, last known address, driver's license
57-12    number, and social security number, if known, of the mother of the
57-13    child;]
57-14                [(2)  the name of the child and the location and date
57-15    of birth of the child, if known, or the probable month and year of
57-16    the expected birth of the child;]
57-17                [(3)  the man's name, address, driver's license number,
57-18    and social security number; and]
57-19                [(4)  a statement in which the man claims to be the
57-20    father of the child identified by the man.]
57-21          [Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
57-22    registry shall record the name, address, driver's license number,
57-23    and social security number of a man who claims to be the father of
57-24    a child whose paternity has not been adjudicated by a court of
57-25    competent jurisdiction by giving notice of intent to claim
57-26    paternity, as provided by this subchapter.]
57-27          [Sec. 160.254.  KNOWLEDGE OF PREGNANCY. (a)  A person who has
 58-1    sexual intercourse with a person of the opposite sex is deemed to
 58-2    have knowledge that sexual intercourse can result in the woman's
 58-3    pregnancy.]
 58-4          [(b)  Except as provided by this subchapter, a man who claims
 58-5    to be the father of a child shall file a notice of intent to assert
 58-6    as provided by this subchapter his right to establish paternity of
 58-7    a child that may result from the sexual intercourse.]
 58-8          [(c)  Ignorance of a pregnancy is not a sufficient reason for
 58-9    failing to register with the registry to claim paternity of the
58-10    child born of the pregnancy.]
58-11          [Sec. 160.2545.  INFORMATION REGARDING REGISTRY, BIRTH
58-12    RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
58-13    VITAL STATISTICS. (a)  On receipt of a request for a certificate
58-14    under Section 160.260 attesting to the results of a search of the
58-15    paternity registry, the bureau of vital statistics shall search:]
58-16                [(1)  notices of intent to claim paternity filed with
58-17    the registry under this subchapter;]
58-18                [(2)  birth records maintained by the bureau;]
58-19                [(3)  acknowledgments of paternity filed with the
58-20    bureau under Subchapter C; and]
58-21                [(4)  central file records identifying a court of
58-22    continuing jurisdiction and identifying the adjudicated father, if
58-23    any.]
58-24          [(b)  The bureau shall furnish information resulting from a
58-25    search under Subsection (a) to the requestor.]
58-26          [Sec. 160.255.  FURNISHING OF REGISTRY INFORMATION;
58-27    CONFIDENTIALITY; OFFENSE. (a)  If the mother's address has been
 59-1    provided, the registry shall send a copy of the notice of intent to
 59-2    claim paternity to the mother as notification that a man has
 59-3    registered with the paternity registry claiming to be the father of
 59-4    the mother's child.]
 59-5          [(b)  Information contained in the registry is confidential
 59-6    and may be released on request only to:]
 59-7                [(1)  a court;]
 59-8                [(2)  the mother of a child;]
 59-9                [(3)  an authorized agency;]
59-10                [(4)  a licensed child-placing agency;]
59-11                [(5)  an attorney at law in this state who is
59-12    participating or assisting in a suit affecting the parent-child
59-13    relationship, including termination of the parent-child
59-14    relationship or a suit for the adoption of the child that the
59-15    registrant claims to have fathered; or]
59-16                [(6)  any other person or entity the bureau of vital
59-17    statistics considers to have a legitimate interest in the
59-18    information.]
59-19          [(c)  The registry shall furnish registry information by
59-20    electronic data exchange or any other means to the state's Title
59-21    IV-D agency and the Department of Protective and Regulatory
59-22    Services.]
59-23          [(d)  A person commits an offense if the person intentionally
59-24    and unlawfully releases information from the registry to the public
59-25    or makes any other unlawful use of the information in violation of
59-26    this subchapter.  An offense under this subsection is a Class B
59-27    misdemeanor.]
 60-1          [Sec. 160.256.  NOTICE OF INTENT TO CLAIM PATERNITY. (a)
 60-2    Except as provided by Subsection (d), a person may register as
 60-3    provided by this subchapter by filing a notice of intent to claim
 60-4    paternity on a form provided by the bureau of vital statistics.
 60-5    This form shall be signed and acknowledged before a notary public.]
 60-6          [(b)  The bureau shall make registration forms available to
 60-7    all:]
 60-8                [(1)  hospitals and other birthing places in this
 60-9    state;]
60-10                [(2)  licensed child-placing agencies;]
60-11                [(3)  county and district clerks;]
60-12                [(4)  municipal clerks;]
60-13                [(5)  justices of the peace;]
60-14                [(6)  jails;]
60-15                [(7)  prisons; and]
60-16                [(8)  facilities of the Texas Department of Criminal
60-17    Justice and Texas Youth Commission.]
60-18          [(c)  A notice of intent to claim paternity may be filed
60-19    before the birth of the child but may not be filed after the 30th
60-20    day after the date of birth of the child.]
60-21          [(d)  If the bureau of vital statistics has received from the
60-22    clerk of the court notice under Chapter 108 of a decree terminating
60-23    the parent-child relationship between the person applying to
60-24    register and the child, the bureau shall notify the person that the
60-25    person's parent-child relationship with the child has been
60-26    terminated and may not enter into the registry a notice of intent
60-27    to claim paternity filed by the person.]
 61-1          [Sec. 160.257.  DENIAL OF REGISTRANT'S PATERNITY;
 61-2    NOTIFICATION. (a)  Not later than the 30th day after the date of
 61-3    the receipt of notification from the bureau of vital statistics
 61-4    that a notice of intent to claim paternity has been filed, the
 61-5    mother of the child may deny the registrant's claim of paternity on
 61-6    a form provided by the bureau and signed and acknowledged before a
 61-7    notary public.]
 61-8          [(b)  If the mother denies that the registrant is the father
 61-9    of the child, the bureau of vital statistics shall immediately
61-10    notify the registrant of the denial and of the registrant's right
61-11    to file a legal action to establish paternity.]
61-12          [Sec. 160.258.  EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
61-13    Except as provided by Chapter 102 and Chapter 161, a man who fails
61-14    to file a notice of intent to claim paternity before the 30th day
61-15    after the date of the birth of the child may not assert an interest
61-16    in the child other than by filing a suit to establish paternity
61-17    before the termination of the man's parental rights.]
61-18          [Sec. 160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.
61-19    (a)  A man who files a notice of intent to claim paternity with the
61-20    registry shall promptly notify the registry in writing of any
61-21    change in the information, including a change of address.]
61-22          [(b)  A man who files a notice of intent to claim paternity
61-23    may at any time revoke the notice by sending the registry a written
61-24    statement signed and acknowledged by the registrant before a notary
61-25    public.  The statement must include a declaration that, to the best
61-26    of the registrant's knowledge and belief:]
61-27                [(1)  the registrant is not the father of the named
 62-1    child; or]
 62-2                [(2)  a court has adjudicated paternity and a person
 62-3    other than the registrant has been determined to be the father of
 62-4    the child.]
 62-5          [Sec. 160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
 62-6    On request, the bureau of vital statistics shall furnish a
 62-7    certificate, signed by the state registrar of vital statistics,
 62-8    attesting to the results of a search of the registry regarding a
 62-9    notice of intent to claim paternity to:]
62-10                [(1)  a court;]
62-11                [(2)  the mother of a child;]
62-12                [(3)  an authorized agency;]
62-13                [(4)  a licensed child-placing agency;]
62-14                [(5)  an attorney licensed to practice law in this
62-15    state who is participating or assisting in an adoption; or]
62-16                [(6)  any other person or entity the bureau of vital
62-17    statistics considers to have a legitimate interest in the
62-18    information.]
62-19          [Sec. 160.261.  REMOVAL OF REGISTRANT'S NAME. If a court
62-20    determines that a registrant is not the father of the child, the
62-21    court shall order the bureau of vital statistics to remove the
62-22    registrant's name from the registry.  On receipt of an order for
62-23    the removal of a registrant's name, the bureau of vital statistics
62-24    shall remove the name from the registry.]
62-25          [Sec. 160.262. REGISTRY FEES. (a)  A fee may not be charged
62-26    for filing with the registry a notice of intent to claim paternity
62-27    of a child or a denial of a registrant's paternity.]
 63-1          [(b)  Except as provided by Subsection (c), the Texas
 63-2    Department of Health may charge a fee for processing a search of
 63-3    the paternity registry and for furnishing a certificate under
 63-4    Section 160.260.]
 63-5          [(c)  The Department of Protective and Regulatory Services
 63-6    and the Title IV-D agency are not required to pay a fee under
 63-7    Subsection (b).]
 63-8          [Sec. 160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY
 63-9    REGISTRY. Information maintained by the paternity registry is
63-10    admissible in a proceeding in a court or administrative tribunal of
63-11    this state for any purpose, including for the establishment of the
63-12    registrant's paternity or an action to terminate parental rights.]
63-13                     ARTICLE 2.  CONFORMING AMENDMENTS
63-14          SECTION 2.01.  Section 32.003(a), Family Code, is amended to
63-15    read as follows:
63-16          (a)  A child may consent to medical, dental, psychological,
63-17    and surgical treatment for the child by a licensed physician or
63-18    dentist if the child:
63-19                (1)  is on active duty with the armed services of the
63-20    United States of America;
63-21                (2)  is:
63-22                      (A)  16 years of age or older and resides
63-23    separate and apart from the child's parents, managing conservator,
63-24    or guardian, with or without the consent of the parents, managing
63-25    conservator, or guardian and regardless of the duration of the
63-26    residence; and
63-27                      (B)  managing the child's own financial affairs,
 64-1    regardless of the source of the income;
 64-2                (3)  consents to the diagnosis and treatment of an
 64-3    infectious, contagious, or communicable disease that is required by
 64-4    law or a rule to be reported by the licensed physician or dentist
 64-5    to a local health officer or the Texas Department of Health,
 64-6    including all diseases within the scope of Section 81.041, Health
 64-7    and Safety Code;
 64-8                (4)  is unmarried and pregnant and consents to
 64-9    hospital, medical, or surgical treatment, other than abortion,
64-10    related to the pregnancy;
64-11                (5)  consents to examination and treatment for drug or
64-12    chemical addiction, drug or chemical dependency, or any other
64-13    condition directly related to drug or chemical use; or
64-14                (6)  is unmarried, is the parent of a child, and has
64-15    actual custody of his or her [the child's biological] child and
64-16    consents to medical, dental, psychological, or surgical treatment
64-17    for the child.
64-18          SECTION 2.02.  Section 51.02(9), Family Code, is amended to
64-19    read as follows:
64-20                (9)  "Parent" means the mother or[,] the father of a
64-21    [whether or not the] child [is legitimate, or an adoptive parent],
64-22    but does not include a parent whose parental rights have been
64-23    terminated.
64-24          SECTION 2.03.  Section 71.003, Family Code, is amended to
64-25    read as follows:
64-26          Sec. 71.003.  FAMILY.  "Family" includes individuals related
64-27    by consanguinity or affinity, as determined under Sections 573.022
 65-1    and 573.024, Government Code, individuals who are former spouses of
 65-2    each other, individuals who are the [biological] parents of the
 65-3    same child, without regard to marriage, and a foster child and
 65-4    foster parent, without regard to whether those individuals reside
 65-5    together.
 65-6          SECTION 2.04. Chapter 101, Family Code, is amended by adding
 65-7    Sections 101.0010 and 101.0015 to read as follows:
 65-8          Sec. 101.0010.  ACKNOWLEDGED FATHER. "Acknowledged father"
 65-9    means a man who has established a father-child relationship under
65-10    Chapter 160.
65-11          Sec. 101.0015.  ALLEGED FATHER. (a)  "Alleged father" means a
65-12    man who alleges himself to be, or is alleged to be, the genetic
65-13    father or a possible genetic father of a child, but whose paternity
65-14    has not been determined.
65-15          (b)  The term does not include:
65-16                (1)  a presumed father;
65-17                (2)  a man whose parental rights have been terminated
65-18    or declared to not exist; or
65-19                (3)  a male donor.
65-20          SECTION 2.05.  Section 101.024, Family Code, is amended to
65-21    read as follows:
65-22          Sec. 101.024.  PARENT.  "Parent" means the mother, a man
65-23    presumed to be the [biological] father, a man legally determined to
65-24    be the [biological] father, a man who has been adjudicated to be
65-25    the [biological] father by a court of competent jurisdiction, a man
65-26    who has acknowledged his paternity under applicable law, or an
65-27    adoptive mother or father.  The term does not include a parent as
 66-1    to whom the parent-child relationship has been terminated.
 66-2          SECTION 2.06.  Section 101.025, Family Code, is amended to
 66-3    read as follows:
 66-4          Sec. 101.025.  PARENT-CHILD RELATIONSHIP.  "Parent-child
 66-5    relationship" means the legal relationship between a child and the
 66-6    child's [biological or adoptive] parents as provided by Chapter 160
 66-7    [151].  The term includes the mother and child relationship and the
 66-8    father and child relationship.
 66-9          SECTION 2.07.  Section 102.003(a), Family Code, is amended to
66-10    read as follows:
66-11          (a)  An original suit may be filed at any time by:
66-12                (1)  a parent of the child;
66-13                (2)  the child through a representative authorized by
66-14    the court;
66-15                (3)  a custodian or person having the right of
66-16    visitation with or access to the child appointed by an order of a
66-17    court of another state or country;
66-18                (4)  a guardian of the person or of the estate of the
66-19    child;
66-20                (5)  a governmental entity;
66-21                (6)  an authorized agency;
66-22                (7)  a licensed child placing agency;
66-23                (8)  a man alleging himself to be the [biological]
66-24    father of a child filing in accordance with Chapter 160, subject to
66-25    the limitations of that chapter [Section 160.101], but not
66-26    otherwise;
66-27                (9)  a person, other than a foster parent, who has had
 67-1    actual care, control, and possession of the child for at least six
 67-2    months ending not more than 90 days preceding the date of the
 67-3    filing of the petition;
 67-4                (10)  a person designated as the managing conservator
 67-5    in a revoked or unrevoked affidavit of relinquishment under Chapter
 67-6    161 or to whom consent to adoption has been given in writing under
 67-7    Chapter 162;
 67-8                (11)  a person with whom the child and the child's
 67-9    guardian, managing conservator, or parent have resided for at least
67-10    six months ending not more than 90 days preceding the date of the
67-11    filing of the petition if the child's guardian, managing
67-12    conservator, or parent is deceased at the time of the filing of the
67-13    petition;
67-14                (12)  a person who is the foster parent of a child
67-15    placed by the Department of Protective and Regulatory Services in
67-16    the person's home for at least 12 months ending not more than 90
67-17    days preceding the date of the filing of the petition; or
67-18                (13)  a person who is a relative of the child within
67-19    the third degree by consanguinity, as determined by Chapter 573,
67-20    Government Code, if the child's parents are deceased at the time of
67-21    the filing of the petition.
67-22          SECTION 2.08.  Section 102.006(a), Family Code, is amended to
67-23    read as follows:
67-24          (a)  Except as provided by Subsection (b), if the
67-25    parent-child relationship between the child and every living parent
67-26    of the child has been terminated, an original suit may not be filed
67-27    by:
 68-1                (1)  a former parent whose parent-child relationship
 68-2    with the child has been terminated by court order;
 68-3                (2)  the [biological] father of the child; or
 68-4                (3)  a family member or relative by blood, adoption, or
 68-5    marriage of either a former parent whose parent-child relationship
 68-6    has been terminated or of the [biological] father of the child.
 68-7          SECTION 2.09.  Section 102.009(a), Family Code, is amended to
 68-8    read as follows:
 68-9          (a)  Except as provided by Subsection (b), the following are
68-10    entitled to service of citation on the filing of a petition in an
68-11    original suit:
68-12                (1)  a managing conservator;
68-13                (2)  a possessory conservator;
68-14                (3)  a person having possession of or access to the
68-15    child under an order;
68-16                (4)  a person required by law or by order to provide
68-17    for the support of the child;
68-18                (5)  a guardian of the person of the child;
68-19                (6)  a guardian of the estate of the child;
68-20                (7)  each parent as to whom the parent-child
68-21    relationship has not been terminated or process has not been waived
68-22    under Chapter 161;
68-23                (8)  an alleged father, unless there is attached to the
68-24    petition an affidavit of waiver of interest in a child executed by
68-25    the alleged father as provided by Chapter 161 or unless the
68-26    petitioner has complied with the provisions of Section
68-27    161.002(b)(2) or (b)(3);
 69-1                (9)  a man who has filed a notice of intent to claim
 69-2    paternity as provided by [Subchapter D,] Chapter 160;
 69-3                (10)  the Department of Protective and Regulatory
 69-4    Services, if the petition requests that the department be appointed
 69-5    as managing conservator of the child; and
 69-6                (11)  the Title IV-D agency, if the petition requests
 69-7    the termination of the parent-child relationship and support rights
 69-8    have been assigned to the Title IV-D agency under Chapter 231.
 69-9          SECTION 2.10.  Section 105.002(b), Family Code, is amended to
69-10    read as follows:
69-11          (b)  A party may not demand a jury trial in:
69-12                (1)  a suit in which adoption is sought, including a
69-13    trial on the issue of denial or revocation of consent to the
69-14    adoption by the managing conservator; or
69-15                (2)  a suit to adjudicate [determine] parentage under
69-16    Chapter 160.
69-17          SECTION 2.11.  Section 107.013(a), Family Code, is amended to
69-18    read as follows:
69-19          (a)  In a suit in which termination of the parent-child
69-20    relationship is requested, the court shall appoint an attorney ad
69-21    litem to represent the interests of:
69-22                (1)  an indigent parent of the child who responds in
69-23    opposition to the termination;
69-24                (2)  a parent served by citation by publication;
69-25                (3)  an alleged father who failed to register with the
69-26    registry under [Subchapter D,] Chapter 160[,] and whose identity or
69-27    location is unknown; and
 70-1                (4)  an alleged father who registered with the
 70-2    paternity registry under [Subchapter D,] Chapter 160, but the
 70-3    petitioner's attempt to personally serve citation at the address
 70-4    provided to the registry and at any other address for the alleged
 70-5    father known by the petitioner has been unsuccessful.
 70-6          SECTION 2.12.  Section 108.009(a), Family Code, is amended to
 70-7    read as follows:
 70-8          (a)  The state registrar shall substitute a new birth
 70-9    certificate for the original based on the order in accordance with
70-10    laws or rules that permit the correction or substitution of a birth
70-11    certificate [certificates] for an adopted child or a child whose
70-12    parents marry each other [children or children presumed to be
70-13    biological children by the] subsequent to the birth of the child
70-14    [marriage of their parents].
70-15          SECTION 2.13.  Chapter 151, Family Code, is amended to read
70-16    as follows:
70-17                 CHAPTER 151.  RIGHTS AND DUTIES IN [THE]
70-18                         PARENT-CHILD RELATIONSHIP
70-19                    [SUBCHAPTER A.  GENERAL PROVISIONS]
70-20          Sec. 151.001.  [RELATION OF CHILD TO MOTHER AND FATHER. (a)
70-21    The parent-child relationship may be established between a child
70-22    and:]
70-23                [(1)  the biological mother by proof of her having
70-24    given birth to the child;]
70-25                [(2)  the biological father as provided by this code;
70-26    and]
70-27                [(3)  an adoptive parent by proof of adoption.]
 71-1          [(b)  The parent-child relationship extends equally to every
 71-2    child and parent regardless of the marital status of the parents.]
 71-3          [Sec. 151.002.  PRESUMPTION OF PATERNITY.  (a)  A man is
 71-4    presumed to be the biological father of a child if:]
 71-5                [(1)  he and the child's biological mother are or have
 71-6    been married to each other and the child is born during the
 71-7    marriage or not more than 300 days after the date the marriage
 71-8    terminated by death, annulment, or divorce or by having been
 71-9    declared void;]
71-10                [(2)  before the child's birth, he and the child's
71-11    biological mother attempted to marry each other by a marriage in
71-12    apparent compliance with law, although the attempted marriage is or
71-13    could be declared void, and the child is born during the attempted
71-14    marriage or not more than 300 days after the date the attempted
71-15    marriage terminated by death, annulment, or divorce or by having
71-16    been declared void; or]
71-17                [(3)  after the child's birth, he and the child's
71-18    biological mother have married or attempted to marry each other by
71-19    a marriage in apparent compliance with law, although the attempted
71-20    marriage is or could be declared void or voided by annulment, and:]
71-21                      [(A)  he has filed a written acknowledgment of
71-22    his paternity of the child under Chapter 160;]
71-23                      [(B)  he consents in writing to be named and is
71-24    named as the child's father on the child's birth certificate; or]
71-25                      [(C)  he is obligated to support the child under
71-26    a written voluntary promise or by court order.]
71-27          [(b)  A presumption under this section may be rebutted as
 72-1    provided by Section 160.110.]
 72-2          [Sec. 151.003.]  RIGHTS AND DUTIES OF PARENT.  (a)  A parent
 72-3    of a child has the following rights and duties:
 72-4                (1)  the right to have physical possession, to direct
 72-5    the moral and religious training, and to establish the residence of
 72-6    the child;
 72-7                (2)  the duty of care, control, protection, and
 72-8    reasonable discipline of the child;
 72-9                (3)  the duty to support the child, including providing
72-10    the child with clothing, food, shelter, medical and dental care,
72-11    and education;
72-12                (4)  the duty, except when a guardian of the child's
72-13    estate has been appointed, to manage the estate of the child,
72-14    including the right as an agent of the child to act in relation to
72-15    the child's estate if the child's action is required by a state,
72-16    the United States, or a foreign government;
72-17                (5)  the right to the services and earnings of the
72-18    child;
72-19                (6)  the right to consent to the child's marriage,
72-20    enlistment in the armed forces of the United States, medical and
72-21    dental care, and psychiatric, psychological, and surgical
72-22    treatment;
72-23                (7)  the right to represent the child in legal action
72-24    and to make other decisions of substantial legal significance
72-25    concerning the child;
72-26                (8)  the right to receive and give receipt for payments
72-27    for the support of the child and to hold or disburse funds for the
 73-1    benefit of the child;
 73-2                (9)  the right to inherit from and through the child;
 73-3                (10)  the right to make decisions concerning the
 73-4    child's education; and
 73-5                (11)  any other right or duty existing between a parent
 73-6    and child by virtue of law.
 73-7          (b)  The duty of a parent to support his or her child exists
 73-8    while the child is an unemancipated minor and continues as long as
 73-9    the child is fully enrolled in an accredited secondary school in a
73-10    program leading toward a high school diploma until the end of the
73-11    school year in which the child graduates.
73-12          (c)  A parent who fails to discharge the duty of support is
73-13    liable to a person who provides necessaries to those to whom
73-14    support is owed.
73-15          (d)  The rights and duties of a parent are subject to:
73-16                (1)  a court order affecting the rights and duties;
73-17                (2)  an affidavit of relinquishment of parental rights;
73-18    and
73-19                (3)  an affidavit by the parent designating another
73-20    person or agency to act as managing conservator.
73-21          Sec. 151.002 [151.004].  RIGHTS OF A LIVING CHILD AFTER AN
73-22    ABORTION OR PREMATURE BIRTH.  (a)  A living human child born alive
73-23    after an abortion or premature birth is entitled to the same
73-24    rights, powers, and privileges as are granted by the laws of this
73-25    state to any other child born alive after the normal gestation
73-26    period.
73-27          (b)  In this code, "born alive" means the complete expulsion
 74-1    or extraction from its mother of a product of conception,
 74-2    irrespective of the duration of pregnancy, which, after such
 74-3    separation, breathes or shows any other evidence of life such as
 74-4    beating of the heart, pulsation of the umbilical cord, or definite
 74-5    movement of voluntary muscles, whether or not the umbilical cord
 74-6    has been cut or the placenta is attached.  Each product of the
 74-7    birth is considered born alive.
 74-8          Sec. 151.003 [151.005].  LIMITATION ON STATE AGENCY ACTION.
 74-9    A state agency may not adopt rules or policies or take any other
74-10    action that violates the fundamental right and duty of a parent to
74-11    direct the upbringing of the parent's child.
74-12                    [SUBCHAPTER B.  ASSISTED CONCEPTION]
74-13          [Sec. 151.101.  ARTIFICIAL INSEMINATION.  (a)  If a husband
74-14    consents to the artificial insemination of his wife, any resulting
74-15    child is the child of both of them.  The consent must be in writing
74-16    and must be acknowledged.]
74-17          [(b)  If a woman is artificially inseminated, the resulting
74-18    child is not the child of the donor unless he is the husband.]
74-19          [Sec. 151.102.  OOCYTE DONATION.  (a)  If a husband consents
74-20    to provide sperm to fertilize a donor oocyte by in vitro
74-21    fertilization or other assisted reproductive techniques and the
74-22    wife consents to have a donor oocyte that has been fertilized with
74-23    her husband's sperm, pursuant to his consent, placed in her uterus,
74-24    a resulting child is the child of both of them.  The consent of
74-25    each must be in writing.]
74-26          [(b)  If a donor oocyte that has been fertilized with her
74-27    husband's sperm implants in a wife's uterus, a resulting child is
 75-1    not the child of the donor of the oocyte.]
 75-2          [Sec. 151.103.  EMBRYO DONATION.  (a)  If, with the consent
 75-3    of the husband and the wife, a donated preimplantation embryo
 75-4    implants in the uterus of the wife, a resulting child is the child
 75-5    of both of them.  The consent must be in writing.]
 75-6          [(b)  If, with the consent of the husband and the wife, a
 75-7    donated preimplantation embryo implants in the uterus of the wife,
 75-8    a resulting child is not the child of the donor or donors of the
 75-9    preimplantation embryo.]
75-10          [(c)  Subsections (a)  and (b) apply whether the donated
75-11    preimplantation embryo is the result of separate egg and sperm
75-12    donations or the result of donation of an embryo created for the
75-13    purpose of assisting the reproduction of the donating couple.]
75-14          SECTION 2.14.  Section 154.131(b), Family Code, is amended to
75-15    read as follows:
75-16          (b)  In ordering retroactive child support, the court shall
75-17    consider the net resources of the obligor during the relevant time
75-18    period and whether:
75-19                (1)  the mother of the child had made any previous
75-20    attempts to notify the obligor [biological father] of his paternity
75-21    or probable paternity;
75-22                (2)  the obligor [biological father] had knowledge of
75-23    his paternity or probable paternity;
75-24                (3)  the order of retroactive child support will impose
75-25    an undue financial hardship on the obligor or the obligor's family;
75-26    and
75-27                (4)  the obligor has provided actual support or other
 76-1    necessaries before the filing of the action.
 76-2          SECTION 2.15.  Section 155.001(b), Family Code, is amended to
 76-3    read as follows:
 76-4          (b)  The following final orders do not create continuing,
 76-5    exclusive jurisdiction in a court:
 76-6                (1)  a voluntary or involuntary dismissal of a suit
 76-7    affecting the parent-child relationship;
 76-8                (2)  in a suit to determine parentage, a final order
 76-9    finding that an alleged or presumed father is not the [biological]
76-10    father of the child, except that the jurisdiction of the court is
76-11    not affected if the child was subject to the jurisdiction of the
76-12    court or some other court in a suit affecting the parent-child
76-13    relationship before the commencement of the suit to adjudicate
76-14    [determine] parentage; and
76-15                (3)  a final order of adoption, after which a
76-16    subsequent suit affecting the child must be commenced as though the
76-17    child had not been the subject of a suit for adoption or any other
76-18    suit affecting the parent-child relationship before the adoption.
76-19          SECTION 2.16.  Sections 161.002(a)-(e), Family Code, are
76-20    amended to read as follows:
76-21          (a)  The procedural and substantive standards for termination
76-22    of parental rights apply to the termination of the rights of an
76-23    alleged [biological] father.
76-24          (b)  The rights of an alleged [biological] father may be
76-25    terminated if:
76-26                (1)  after being served with citation, he does not
76-27    respond by timely filing an admission of paternity or a
 77-1    counterclaim for paternity under Chapter 160 prior to the final
 77-2    hearing in the suit;
 77-3                (2)  he has not registered with the paternity registry
 77-4    under [Subchapter D,] Chapter 160, and after the exercise of due
 77-5    diligence by the petitioner:
 77-6                      (A)  his identity and location are unknown; or
 77-7                      (B)  his identity is known but he cannot be
 77-8    located; or
 77-9                (3)  he has registered with the paternity registry
77-10    under [Subchapter D,] Chapter 160, but the petitioner's attempt to
77-11    personally serve citation at the address provided to the registry
77-12    and at any other address for the alleged father known by the
77-13    petitioner has been unsuccessful, despite the due diligence of the
77-14    petitioner.
77-15          (c)  The termination of the rights of an alleged [biological]
77-16    father under Subsection (b)(2) rendered on or after January 1,
77-17    1998, does not require personal service of citation or citation by
77-18    publication on the alleged father.
77-19          (d)  The termination of rights of an alleged [biological]
77-20    father under Subsection (b)(3) does not require service of citation
77-21    by publication on the alleged father.
77-22          (e)  The court shall not render an order terminating parental
77-23    rights under Subsection (b)(2) unless the court, after reviewing
77-24    the petitioner's sworn affidavit describing the petitioner's effort
77-25    to identify and locate the alleged [biological] father and
77-26    considering any evidence submitted by the attorney ad litem for the
77-27    alleged [biological] father, has found that the petitioner
 78-1    exercised due diligence in attempting to identify and locate the
 78-2    alleged [biological] father.  The order shall contain specific
 78-3    findings regarding due diligence of the petitioner.
 78-4          SECTION 2.17. Section 233.028(d), Family Code, is amended to
 78-5    read as follows:
 78-6          (d)  If genetic [parentage] testing identifies [does not
 78-7    exclude] the alleged parent as the parent of the child and the
 78-8    results of a verified written report of a genetic [parentage]
 78-9    testing expert meet the requirements of Chapter 160 for issuing a
78-10    temporary order, the Title IV-D agency may conduct a negotiation
78-11    conference to resolve any issues of support and file with the court
78-12    a child support review order.
78-13          SECTION 2.18. Section 42(b)(1), Texas Probate Code, is
78-14    amended to read as follows:
78-15                (1)  For the purpose of inheritance, a child is the
78-16    child of his biological father if the child is born under
78-17    circumstances described by Section 160.201 [151.002], Family Code,
78-18    is adjudicated to be the child of the father by court decree as
78-19    provided by Chapter 160, Family Code, was adopted by his father, or
78-20    if the father executed an acknowledgment [a statement] of paternity
78-21    as provided by Subchapter D, Chapter 160 [Section 160.202], Family
78-22    Code, or a like statement properly executed in another
78-23    jurisdiction, so that he and his issue shall inherit from his
78-24    father and from his paternal kindred, both descendants, ascendants,
78-25    and collaterals in all degrees, and they may inherit from him and
78-26    his issue.  A person claiming to be a biological child of the
78-27    decedent, who is not otherwise presumed to be a child of the
 79-1    decedent, or claiming inheritance through a biological child of the
 79-2    decedent, who is not otherwise presumed to be a child of the
 79-3    decedent, may petition the probate court for a determination of
 79-4    right of inheritance.  If the court finds by clear and convincing
 79-5    evidence that the purported father was the biological father of the
 79-6    child, the child is treated as any other child of the decedent for
 79-7    the purpose of inheritance and he and his issue may inherit from
 79-8    his paternal kindred, both descendants, ascendants, and collaterals
 79-9    in all degrees, and they may inherit from him and his issue. This
79-10    section does not permit inheritance by a purported father of a
79-11    child, whether recognized or not, if the purported father's
79-12    parental rights have been terminated.
79-13                 ARTICLE 3.  EFFECTIVE DATE AND TRANSITION
79-14          SECTION 3.01. This Act takes effect immediately if it
79-15    receives a vote of two-thirds of all the members elected to each
79-16    house, as provided by Section 39, Article III, Texas Constitution.
79-17    If this Act does not receive the vote necessary for immediate
79-18    effect, this Act takes effect September 1, 2001.
79-19          SECTION 3.02.  The change in law made by this Act applies to
79-20    a motion or other request for relief made in a parentage or
79-21    paternity proceeding that is commenced on or after the effective
79-22    date of this Act.  A motion or request for relief in a parentage or
79-23    paternity proceeding commenced before the effective date of this
79-24    Act is governed by the law in effect at the time the proceeding was
79-25    commenced, and the former law is continued in effect for that
79-26    purpose.
79-27          SECTION 3.03.  The change is law made by Section 160.316,
 80-1    Family Code, as added by this Act, applies to a suit affecting the
 80-2    parent-child relationship commenced on or after the effective date
 80-3    of this Act and before September 1, 2003.  A suit commenced before
 80-4    September 1, 2003, that is pending on or after September 1, 2004,
 80-5    is governed by Section 160.316, Family Code, as that section
 80-6    existed on the date the suit was filed, and that law is continued
 80-7    in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 920 was passed by the House on May
         11, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 920 on May 25, 2001, by the following
         vote:  Yeas 139, Nays 0, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 920 was passed by the Senate, with
         amendments, on May 22, 2001, by the following vote:  Yeas 29, Nays
         1, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor