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