By Goodman                                             H.B. No. 920
         77R1240 JMM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the adoption of the Uniform Parentage Act; providing
 1-3     penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                      ARTICLE 1.  UNIFORM PARENTAGE ACT
 1-6           SECTION 1.01. Chapter 160, Family Code, is amended to read as
 1-7     follows:
 1-8           CHAPTER 160.  UNIFORM [DETERMINATION OF] PARENTAGE ACT
 1-9             SUBCHAPTER A.  GENERAL PROVISIONS AND CONSTRUCTION
1-10           Sec. 160.001.  SHORT TITLE. This chapter may be cited as the
1-11     Uniform Parentage Act.
1-12           Sec. 160.002.  APPLICATION AND CONSTRUCTION. This chapter
1-13     shall be applied and construed to promote the uniformity of the law
1-14     among the states that enact the Uniform Parentage Act.
1-15           Sec. 160.003.  CONFLICTS BETWEEN PROVISIONS. If a provision
1-16     of this chapter conflicts with another provision of this title or
1-17     another state statute or rule and the conflict cannot be
1-18     reconciled, this chapter prevails.
1-19           Sec. 160.004.  SCOPE OF CHAPTER; CHOICE OF LAW. (a)  This
1-20     chapter governs every determination of parentage in this state.
1-21           (b)  The court shall apply the law of this state to
1-22     adjudicate the parent-child relationship. The applicable law does
1-23     not depend on:
1-24                 (1)  the place of birth of the child; or
 2-1                 (2)  the past or present residence of the child.
 2-2           (c)  This chapter does not create, enlarge, or diminish
 2-3     parental rights or duties under another law of this state.
 2-4           (d)  This chapter does not authorize or prohibit an agreement
 2-5     between a woman and the intended parents of a child in which the
 2-6     woman relinquishes all rights as a parent of a child conceived by
 2-7     means of assisted reproduction and which provides that the intended
 2-8     parents become the parents of the child.  If a birth results under
 2-9     a gestational agreement that is unenforceable under the law of this
2-10     state, the parent-child relationship is determined as provided by
2-11     Subchapter C.
2-12           Sec. 160.005.  AUTHORIZED COURTS. The following courts are
2-13     authorized to adjudicate parentage under this chapter:
2-14                 (1)  a court with jurisdiction to hear a suit affecting
2-15     the parent-child relationship under this title; or
2-16                 (2)  a court with jurisdiction to adjudicate parentage
2-17     under another law of this state.
2-18           Sec. 160.006.  PROTECTION OF PARTICIPANTS. A proceeding under
2-19     this chapter is subject to the other laws of this state governing
2-20     the health, safety, privacy, and liberty of a child or any other
2-21     individual who may be jeopardized by the disclosure of identifying
2-22     information, including the person's address, telephone number,
2-23     place of employment, and social security number and the name of the
2-24     child's day-care facility and school.
2-25           Sec. 160.007.  DETERMINATION OF MATERNITY. The provisions of
2-26     this chapter relating to the determination of paternity apply to a
2-27     determination of maternity.
 3-1              (Sections 160.008-160.100 reserved for expansion
 3-2                         SUBCHAPTER B.  DEFINITIONS
 3-3           Sec. 160.101.  APPLICATION OF DEFINITIONS. The definitions in
 3-4     this subchapter apply to this chapter.
 3-5           Sec. 160.102.  ACKNOWLEDGED FATHER. "Acknowledged father"
 3-6     means a man who has established a father-child relationship under
 3-7     Subchapter D.
 3-8           Sec. 160.103.  ADJUDICATED FATHER. "Adjudicated father" means
 3-9     a man who has been adjudicated by a court to be the father of a
3-10     child.
3-11           Sec. 160.104.  ALLEGED FATHER. (a)  "Alleged father" means a
3-12     man who alleges himself to be, or is alleged to be, the genetic
3-13     father or a possible genetic father of a child, but whose paternity
3-14     has not been determined.
3-15           (b)  The term does not include:
3-16                 (1)  a presumed father;
3-17                 (2)  a man whose parental rights have been terminated
3-18     or declared to not exist; or
3-19                 (3)  a male donor.
3-20           Sec. 160.105.  ASSISTED REPRODUCTION. (a)  "Assisted
3-21     reproduction" means a method of causing pregnancy other than sexual
3-22     intercourse.
3-23           (b)  The term includes:
3-24                 (1)  intrauterine insemination;
3-25                 (2)  donation of eggs;
3-26                 (3)  donation of embryos;
3-27                 (4)  in vitro fertilization and transfer of embryos;
 4-1     and
 4-2                 (5)  intracytoplasmic sperm injection.
 4-3           Sec. 160.106.  CHILD. "Child" means an individual of any age
 4-4     whose parentage may be determined under this chapter.
 4-5           Sec. 160.107.  COMMENCE. "Commence" means to file the initial
 4-6     pleading seeking an adjudication of parentage in a court of this
 4-7     state.
 4-8           Sec. 160.108.  DETERMINATION OF PARENTAGE. "Determination of
 4-9     parentage" means the establishment of the parent-child relationship
4-10     by the signing of a valid acknowledgment of paternity under
4-11     Subchapter D or by an adjudication by a court.
4-12           Sec. 160.109.  DONOR. (a)  "Donor" means an individual who
4-13     produces eggs or sperm used for assisted reproduction, regardless
4-14     of whether the production is for consideration.
4-15           (b)  The term does not include:
4-16                 (1)  a husband who provides sperm or a wife who
4-17     provides eggs to be used for assisted reproduction by the wife; or
4-18                 (2)  a woman who gives birth to a child by means of
4-19     assisted reproduction.
4-20           Sec. 160.110.  ETHNIC OR RACIAL GROUP. "Ethnic or racial
4-21     group" means, for purposes of genetic testing, a recognized group
4-22     that an individual identifies as all or part of the individual's
4-23     ancestry or that is identified by other information.
4-24           Sec. 160.111.  GENETIC TESTING. (a)  "Genetic testing" means
4-25     an analysis of an individual's genetic markers to exclude or
4-26     identify a man as the father of a child or a woman as the mother of
4-27     a child.
 5-1           (b)  The term includes an analysis of one or more of the
 5-2     following:
 5-3                 (1)  deoxyribonucleic acid; and
 5-4                 (2)  blood-group antigens, red-cell antigens,
 5-5     human-leukocyte antigens, serum enzymes, serum proteins, or
 5-6     red-cell enzymes.
 5-7           Sec. 160.112.  INTENDED PARENTS. "Intended parents" means
 5-8     individuals who enter into an agreement providing that the
 5-9     individuals will be the parents of a child born to a gestational
5-10     mother by means of assisted reproduction, regardless of whether
5-11     either individual has a genetic relationship with the child.
5-12           Sec. 160.113.  MAN. "Man" means a male individual of any age.
5-13           Sec. 160.114.  PARENT. "Parent" means an individual who has
5-14     established a parent-child relationship under Section 160.201.
5-15           Sec. 160.115.  PATERNITY INDEX. "Paternity index" means the
5-16     likelihood of paternity determined by calculating the ratio
5-17     between:
5-18                 (1)  the likelihood that the tested man is the father
5-19     of the child, based on the genetic markers of the tested man, the
5-20     mother of the child, and the child, conditioned on the hypothesis
5-21     that the tested man is the father of the child; and
5-22                 (2)  the likelihood that the tested man is not the
5-23     father of the child, based on the genetic markers of the tested
5-24     man, the mother of the child, and the child, conditioned on the
5-25     hypothesis that the tested man is not the father of the child and
5-26     that the father of the child is of the same ethnic or racial group
5-27     as the tested man.
 6-1           Sec. 160.116.  PRESUMED FATHER. "Presumed father" means a man
 6-2     who, by operation of law under Section 160.204, is recognized as
 6-3     the father of a child until that status is rebutted or confirmed in
 6-4     a judicial proceeding.
 6-5           Sec. 160.117.  PROBABILITY OF PATERNITY. "Probability of
 6-6     paternity" means the probability, with respect to the ethnic or
 6-7     racial group to which the alleged father belongs, that the alleged
 6-8     father is the father of the child, compared to a random, unrelated
 6-9     man of the same ethnic or racial group, expressed as a percentage
6-10     incorporating the paternity index and a prior probability.
6-11           Sec. 160.118.  RECORD. "Record" means information that is
6-12     inscribed on a tangible medium or that is stored in an electronic
6-13     or other medium and is retrievable in a perceivable form.
6-14           Sec. 160.119.  SIGNATORY. "Signatory" means an individual who
6-15     authenticates a record and is bound by its terms.
6-16           Sec. 160.120.  SUPPORT ENFORCEMENT AGENCY. "Support
6-17     enforcement agency" means a public official or agency authorized to
6-18     seek:
6-19                 (1)  the enforcement of child support orders or laws
6-20     relating to the duty of support;
6-21                 (2)  the establishment or modification of child
6-22     support;
6-23                 (3)  the determination of parentage; or
6-24                 (4)  the location of child-support obligors and their
6-25     income and assets.
6-26              (Sections 160.121-160.200 reserved for expansion
6-27                  SUBCHAPTER C.  PARENT-CHILD RELATIONSHIP
 7-1           Sec. 160.201.  ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
 7-2     (a)  The mother-child relationship is established between a woman
 7-3     and a child by:
 7-4                 (1)  the woman giving birth to the child;
 7-5                 (2)  an adjudication of the woman's maternity; or
 7-6                 (3)  the adoption of the child by the woman.
 7-7           (b)  The father-child relationship is established between a
 7-8     man and a child by:
 7-9                 (1)  an unrebutted presumption of the man's paternity
7-10     of the child under Section 160.204;
7-11                 (2)  an effective acknowledgment of paternity by the
7-12     man under Subchapter D, unless the acknowledgment has been
7-13     rescinded or successfully challenged;
7-14                 (3)  an adjudication of the man's paternity;
7-15                 (4)  the adoption of the child by the man; or
7-16                 (5)  the man's consenting to assisted reproduction by
7-17     his wife under Subchapter H, which resulted in the birth of the
7-18     child.
7-19           Sec. 160.202.  NO DISCRIMINATION BASED ON MARITAL STATUS. A
7-20     child born to parents who are not married to each other has the
7-21     same rights under the law as a child born to parents who are
7-22     married to each other.
7-23           Sec. 160.203.  CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE.
7-24     Unless parental rights are terminated, a parent-child relationship
7-25     established under this chapter applies for all purposes, except as
7-26     otherwise provided by another law of this state.
7-27           Sec. 160.204.  PRESUMPTION OF PATERNITY IN CONTEXT OF
 8-1     MARRIAGE. (a)  A man is presumed to be the father of a child if:
 8-2                 (1)  he is married to the mother of the child and the
 8-3     child is born during the marriage;
 8-4                 (2)  he is married to the mother of the child and the
 8-5     child is born before the 301st day after the date the marriage is
 8-6     terminated by death, annulment, declaration of invalidity, or
 8-7     divorce;
 8-8                 (3)  he married the mother of the child before the
 8-9     birth of the child in apparent compliance with law, even if the
8-10     attempted marriage is or could be declared invalid, and the child
8-11     is born during the invalid marriage or before the 301st day after
8-12     the date the marriage is terminated by death, annulment,
8-13     declaration of invalidity, or divorce; or
8-14                 (4)  he married the mother of the child after the birth
8-15     of the child in apparent compliance with law, regardless of whether
8-16     the marriage is or could be declared invalid, he voluntarily
8-17     asserted his paternity of the child, and:
8-18                       (A)  the assertion is in a record filed with the
8-19     bureau of vital statistics;
8-20                       (B)  he is voluntarily named as the child's
8-21     father on the child's birth certificate; or
8-22                       (C)  he promised in a record to support the child
8-23     as his own.
8-24           (b)  A presumption of paternity established under this
8-25     section may be rebutted only by an adjudication under Subchapter G.
8-26              (Sections 160.205-160.300 reserved for expansion
8-27            SUBCHAPTER D.  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
 9-1           Sec. 160.301.  ACKNOWLEDGMENT OF PATERNITY. The mother of a
 9-2     child and a man claiming to be the father of the child conceived as
 9-3     the result of sexual intercourse with the mother may sign an
 9-4     acknowledgment of paternity with the intent to establish the man's
 9-5     paternity.
 9-6           Sec. 160.302.  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
 9-7     An acknowledgment of paternity must:
 9-8                 (1)  be in a record;
 9-9                 (2)  be signed, or otherwise authenticated, under
9-10     penalty of perjury by the mother and the man seeking to establish
9-11     paternity;
9-12                 (3)  state that the child whose paternity is being
9-13     acknowledged:
9-14                       (A)  does not have a presumed father or has a
9-15     presumed father whose full name is stated; and
9-16                       (B)  does not have another acknowledged or
9-17     adjudicated father;
9-18                 (4)  state whether there has been genetic testing and,
9-19     if so, that the acknowledging man's claim of paternity is
9-20     consistent with the results of the testing; and
9-21                 (5)  state that the signatories understand that the
9-22     acknowledgment is the equivalent of a judicial adjudication of the
9-23     paternity of the child and that a challenge to the acknowledgment
9-24     is permitted only under limited circumstances and is barred after
9-25     two years.
9-26           (b)  An acknowledgment of paternity is void if it:
9-27                 (1)  states that another man is a presumed father of
 10-1    the child, unless a denial of paternity signed or otherwise
 10-2    authenticated by the presumed father is filed with the bureau of
 10-3    vital statistics;
 10-4                (2)  states that another man is an acknowledged or
 10-5    adjudicated father of the child; or
 10-6                (3)  falsely denies the existence of a presumed,
 10-7    acknowledged, or adjudicated father of the child.
 10-8          (c)  A presumed father may sign or otherwise authenticate an
 10-9    acknowledgment of paternity.
10-10          Sec. 160.303.  DENIAL OF PATERNITY. A presumed father of a
10-11    child may sign a denial of his paternity.  The denial is valid only
10-12    if:
10-13                (1)  an acknowledgment of paternity signed or otherwise
10-14    authenticated by another man is filed under Section 160.305;
10-15                (2)  the denial is in a record and is signed or
10-16    otherwise authenticated under penalty of perjury; and
10-17                (3)  the presumed father has not previously:
10-18                      (A)  acknowledged paternity of the child, unless
10-19    the previous acknowledgment has been rescinded under Section
10-20    160.307 or successfully challenged under Section 160.308; or
10-21                      (B)  been adjudicated to be the father of the
10-22    child.
10-23          Sec. 160.304.  RULES FOR ACKNOWLEDGMENT AND DENIAL OF
10-24    PATERNITY. (a)  An acknowledgment of paternity and a denial of
10-25    paternity may be contained in a single document or in different
10-26    documents and may be filed separately or simultaneously. If the
10-27    acknowledgment and denial are both necessary, neither document is
 11-1    valid until both documents are filed.
 11-2          (b)  An acknowledgment of paternity or a denial of paternity
 11-3    may be signed before the birth of the child.
 11-4          (c)  Subject to Subsection (a), an acknowledgment of
 11-5    paternity or denial of paternity takes effect on the date of the
 11-6    birth of the child or the filing of the document with the bureau of
 11-7    vital statistics, whichever occurs later.
 11-8          (d)  An acknowledgment of paternity or denial of paternity
 11-9    signed by a minor is valid if it otherwise complies with this
11-10    chapter.
11-11          Sec. 160.305.  EFFECT OF ACKNOWLEDGMENT OR DENIAL OF
11-12    PATERNITY. (a)  Except as provided by Sections 160.307 and 160.308,
11-13    a valid acknowledgment of paternity filed with the bureau of vital
11-14    statistics is the equivalent of an adjudication of the paternity of
11-15    a child and confers on the acknowledged father all rights and
11-16    duties of a parent.
11-17          (b)  Except as provided by Sections 160.307 and 160.308, a
11-18    valid denial of paternity filed with the bureau of vital statistics
11-19    in conjunction with a valid acknowledgment of paternity is the
11-20    equivalent of an adjudication of the nonpaternity of the presumed
11-21    father and discharges the presumed father from all rights and
11-22    duties of a parent.
11-23          Sec. 160.306.  FILING FEE NOT REQUIRED. The bureau of vital
11-24    statistics may not charge a fee for filing an acknowledgment of
11-25    paternity or denial of paternity.
11-26          Sec. 160.307.  PROCEEDING FOR RESCISSION. A signatory may
11-27    rescind an acknowledgment of paternity or denial of paternity by
 12-1    commencing a proceeding to rescind before the earlier of:
 12-2                (1)  the 60th day after the effective date of the
 12-3    acknowledgment or denial, as provided by Section 160.304; or
 12-4                (2)  the date of the first hearing in a proceeding to
 12-5    which the signatory is a party before a court to adjudicate an
 12-6    issue relating to the child, including a proceeding that
 12-7    establishes child support.
 12-8          Sec. 160.308.  CHALLENGE AFTER EXPIRATION OF PERIOD FOR
 12-9    RESCISSION. (a)  After the period for rescission under Section
12-10    160.307 has expired, a signatory of an acknowledgment of paternity
12-11    or denial of paternity may commence a proceeding to challenge the
12-12    acknowledgment or denial only on the basis of fraud, duress, or
12-13    material mistake of fact.  The proceeding must be commenced before
12-14    the fourth anniversary of the date the acknowledgment or denial is
12-15    filed with the bureau of vital statistics.
12-16          (b)  A party challenging an acknowledgment of paternity or
12-17    denial of paternity has the burden of proof.
12-18          (c)  Notwithstanding any other provision of this chapter, a
12-19    collateral attack on an acknowledgment of paternity signed under
12-20    this chapter may not be maintained after the fourth anniversary of
12-21    the date the acknowledgment of paternity is filed with the bureau
12-22    of vital statistics.
12-23          Sec. 160.309.  PROCEDURE FOR RESCISSION OR CHALLENGE. (a)
12-24    Each signatory to an acknowledgment of paternity and any related
12-25    denial of paternity must be made a party to a proceeding to rescind
12-26    or challenge the acknowledgment or denial of paternity.
12-27          (b)  For purposes of the rescission of or a challenge to an
 13-1    acknowledgment of paternity or denial of paternity, a signatory
 13-2    submits to the personal jurisdiction of this state by signing the
 13-3    acknowledgment or denial.  The jurisdiction is effective on the
 13-4    filing of the document with the bureau of vital statistics.
 13-5          (c)  Except for good cause shown, while a proceeding is
 13-6    pending to rescind or challenge an acknowledgment of paternity or a
 13-7    denial of paternity, the court may not suspend the legal
 13-8    responsibilities of a signatory arising from the acknowledgment,
 13-9    including the duty to pay child support.
13-10          (d)  A proceeding to rescind or to challenge an
13-11    acknowledgment of paternity or a denial of paternity shall be
13-12    conducted in the same manner as a proceeding to adjudicate
13-13    parentage under Subchapter G.
13-14          (e)  At the conclusion of a proceeding to rescind or
13-15    challenge an acknowledgment of paternity or a denial of paternity,
13-16    the court shall order the bureau of vital statistics to amend the
13-17    birth record of the child, if appropriate.
13-18          Sec. 160.310.  RATIFICATION BARRED. A court or administrative
13-19    agency conducting a judicial or administrative proceeding may not
13-20    ratify an unchallenged acknowledgment of paternity.
13-21          Sec. 160.311.  FULL FAITH AND CREDIT.  A court of this state
13-22    shall give full faith and credit to an acknowledgment of paternity
13-23    or a denial of paternity that is effective in another state if the
13-24    acknowledgment or denial has been signed and is otherwise in
13-25    compliance with the law of the other state.
13-26          Sec. 160.312.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
13-27    PATERNITY. (a)  To facilitate compliance with this subchapter, the
 14-1    bureau of vital statistics shall prescribe forms for the
 14-2    acknowledgment of paternity and the denial of paternity.
 14-3          (b)  A valid acknowledgment of paternity or denial of
 14-4    paternity is not affected by a later modification of the prescribed
 14-5    form.
 14-6          Sec. 160.313.  RELEASE OF INFORMATION.  The bureau of vital
 14-7    statistics may release information relating to the acknowledgment
 14-8    of paternity or denial of paternity to a signatory of the
 14-9    acknowledgment or denial and to the courts and Title IV-D agency of
14-10    this or another state.
14-11          Sec. 160.314.  ADOPTION OF RULES. The Title IV-D agency and
14-12    the bureau of vital statistics may adopt rules to implement this
14-13    subchapter.
14-14          Sec. 160.315.  MEMORANDUM OF UNDERSTANDING. (a)  The Title
14-15    IV-D agency and the bureau of vital statistics shall adopt a
14-16    memorandum of understanding governing the collection and transfer
14-17    of information for the voluntary acknowledgment of paternity.
14-18          (b)  The Title IV-D agency and the bureau of vital statistics
14-19    shall review the memorandum semiannually and renew or modify the
14-20    memorandum as necessary.
14-21             (Sections 160.316-160.400 reserved for expansion
14-22                   SUBCHAPTER E.  REGISTRY OF PATERNITY
14-23          Sec. 160.401.  ESTABLISHMENT OF REGISTRY.  A registry of
14-24    paternity is established in the bureau of vital statistics.
14-25          Sec. 160.402.  REGISTRATION FOR NOTIFICATION. (a)  Except as
14-26    otherwise provided by Subsection (b) or by Section 160.405, a man
14-27    who desires to be notified of a proceeding for the adoption of or
 15-1    the termination of parental rights regarding a child that he may
 15-2    have fathered may register with the registry of paternity:
 15-3                (1)  before the birth of the child; or
 15-4                (2)  not later than the 31st day after the date of the
 15-5    birth of the child.
 15-6          (b)  A man is not required to register if:
 15-7                (1)  a father-child relationship between the man and
 15-8    the child has been established under this chapter or another law;
 15-9    or
15-10                (2)  the man commences a proceeding to adjudicate his
15-11    paternity before the court has terminated his parental rights.
15-12          (c)  A registrant shall promptly notify the registry in a
15-13    record of any change in the information provided by the registrant.
15-14    The bureau of vital statistics shall incorporate all new
15-15    information received into its records but is not required to
15-16    affirmatively seek to obtain current information for incorporation
15-17    in the registry.
15-18          Sec. 160.403.  NOTICE OF PROCEEDING. Notice of a proceeding
15-19    to adopt or to terminate parental rights regarding a child must be
15-20    given to a registrant who has timely registered with regard to that
15-21    child. Notice must be given in a manner prescribed for service of
15-22    process in a civil action.
15-23          Sec. 160.404.  TERMINATION OF PARENTAL RIGHTS:  FAILURE TO
15-24    REGISTER. The parental rights of a man alleged to be the father of
15-25    a child may be terminated without notice as provided by Section
15-26    161.002 if the man:
15-27                (1)  did not timely register with the bureau of vital
 16-1    statistics; and
 16-2                (2)  is not exempt from registration under Section
 16-3    160.402.
 16-4          Sec. 160.405.  REQUIRED FORM. The bureau of vital statistics
 16-5    shall adopt a form for registering with the registry.  The form
 16-6    must require the signature of the registrant.  The form must state
 16-7    that:
 16-8                (1)  the form is signed under penalty of perjury;
 16-9                (2)  a timely registration entitles the registrant to
16-10    notice of a proceeding for adoption of the child or for termination
16-11    of the registrant's parental rights;
16-12                (3)  a timely registration does not commence a
16-13    proceeding to establish paternity;
16-14                (4)  the information disclosed on the form may be used
16-15    against the registrant to establish paternity;
16-16                (5)  services to assist in establishing paternity are
16-17    available to the registrant through the support enforcement agency;
16-18                (6)  the registrant should also register in another
16-19    state if the conception or birth of the child occurred in the other
16-20    state;
16-21                (7)  information on registries in other states is
16-22    available from the bureau of vital statistics; and
16-23                (8)  procedures exist to rescind the registration of a
16-24    claim of paternity.
16-25          Sec. 160.406.  FURNISHING OF INFORMATION; CONFIDENTIALITY.
16-26    (a)  The bureau of vital statistics is not required to attempt to
16-27    locate the mother of a child who is the subject of a registration.
 17-1    The bureau of vital statistics shall send a copy of the notice of
 17-2    the registration to a mother who has provided an address.
 17-3          (b)  Information contained in the registry is confidential
 17-4    and may be released on request only to:
 17-5                (1)  a court or a person designated by the court;
 17-6                (2)  the mother of the child who is the subject of the
 17-7    registration;
 17-8                (3)  an agency authorized by another law to receive the
 17-9    information;
17-10                (4)  a licensed child-placing agency;
17-11                (5)  a support enforcement agency;
17-12                (6)  a party, or the party's attorney of record, to a
17-13    proceeding under this chapter or a proceeding to adopt or to
17-14    terminate parental rights regarding a child who is the subject of
17-15    the registration; and
17-16                (7)  the registry of paternity in another state.
17-17          Sec. 160.407.  OFFENSE: UNAUTHORIZED RELEASE OF INFORMATION.
17-18    (a)  A person commits an offense if the person intentionally
17-19    releases information from the registry of paternity to another
17-20    person, including an agency, that is not authorized to receive the
17-21    information under Section 160.406.
17-22          (b)  An offense under this section is a Class A misdemeanor.
17-23          Sec. 160.408.  RESCISSION OF REGISTRATION. A registrant may
17-24    rescind his registration at any time by sending to the registry a
17-25    rescission in a record or another manner authenticated by him and
17-26    witnessed or notarized.
17-27          Sec. 160.409.  UNTIMELY REGISTRATION. If a man registers
 18-1    later than the 30th day after the date of the birth of the child,
 18-2    the bureau of vital statistics shall notify the registrant that the
 18-3    registration was not timely filed.
 18-4          Sec. 160.410.  FEES FOR REGISTRY. (a)  A fee may not be
 18-5    charged for filing a registration or to rescind a registration.
 18-6          (b)  Except as otherwise provided by Subsection (c), the
 18-7    bureau of vital statistics may charge a reasonable fee for making a
 18-8    search of the registry and for furnishing a certificate.
 18-9          (c)  A support enforcement agency is not required to pay a
18-10    fee authorized by Subsection (b).
18-11          Sec. 160.411.  SEARCH OF APPROPRIATE REGISTRY. (a)  If a
18-12    father-child relationship has not been established under this
18-13    chapter for a child under one year of age, a petitioner for the
18-14    adoption of or the termination of parental rights regarding the
18-15    child must obtain a certificate of the results of a search of the
18-16    registry.
18-17          (b)  If the petitioner for the adoption of or the termination
18-18    of parental rights regarding a child has reason to believe that the
18-19    conception or birth of the child may have occurred in another
18-20    state, the petitioner must obtain a certificate of the results of a
18-21    search of the paternity registry, if any, in the other state.
18-22          Sec. 160.412.  CERTIFICATE OF SEARCH OF REGISTRY. (a)  The
18-23    bureau of vital statistics shall furnish a certificate of the
18-24    results of a search of the registry on request by an individual, a
18-25    court, or an agency listed in Section 160.406(b).
18-26          (b)  The certificate of the results of a search must be
18-27    signed on behalf of the bureau and state that:
 19-1                (1)  a search has been made of the registry; and
 19-2                (2)  a registration containing the information required
 19-3    to identify the registrant:
 19-4                      (A)  has been found and is attached to the
 19-5    certificate; or
 19-6                      (B)  has not been found.
 19-7          (c)  A petitioner must file the certificate of the results of
 19-8    a search of the registry with the court before a proceeding for the
 19-9    adoption of or termination of parental rights regarding a child may
19-10    be concluded.
19-11          Sec. 160.413.  ADMISSIBILITY OF CERTIFICATE. A certificate of
19-12    the results of a search of the registry in this state or of a
19-13    paternity registry in another state is admissible in a proceeding
19-14    for the adoption of or the termination of parental rights regarding
19-15    a child and, if relevant, in other legal proceedings.
19-16             (Sections 160.414-160.500 reserved for expansion
19-17                      SUBCHAPTER F.  GENETIC TESTING
19-18          Sec. 160.501.  APPLICATION OF SUBCHAPTER.  This subchapter
19-19    governs genetic testing of an individual to determine parentage,
19-20    regardless of whether the individual:
19-21                (1)  voluntarily submits to testing; or
19-22                (2)  is tested under an order of a court or a support
19-23    enforcement agency.
19-24          Sec. 160.502.  ORDER FOR TESTING. (a)  Except as otherwise
19-25    provided by this subchapter and by Subchapter G, a court shall
19-26    order a child and other designated individuals to submit to genetic
19-27    testing if the request is made by a party to a proceeding to
 20-1    determine parentage.
 20-2          (b)  A support enforcement agency may order genetic testing
 20-3    only if there is no presumed, acknowledged, or adjudicated father.
 20-4          (c)  If a request for genetic testing of a child is made
 20-5    before the birth of the child, the court or support enforcement
 20-6    agency may not order in utero testing.
 20-7          (d)  If two or more men are subject to court-ordered genetic
 20-8    testing, the testing may be ordered concurrently or sequentially.
 20-9          Sec. 160.503.  REQUIREMENTS FOR GENETIC TESTING. (a) Genetic
20-10    testing must be of a type reasonably relied on by experts in the
20-11    field of genetic testing.  The testing must be performed in a
20-12    testing laboratory accredited by:
20-13                (1)  the American Association of Blood Banks, or a
20-14    successor to its functions;
20-15                (2)  the American Society for Histocompatibility and
20-16    Immunogenetics, or a successor to its functions; or
20-17                (3)  an accrediting body designated by the federal
20-18    secretary of health and human services.
20-19          (b)  A specimen used in genetic testing may consist of one or
20-20    more samples, or a combination of samples, of blood, buccal cells,
20-21    bone, hair, or other body tissue or fluid.  The specimen used in
20-22    the testing is not required to be of the same kind for each
20-23    individual undergoing genetic testing.
20-24          (c)  Based on the ethnic or racial group of an individual,
20-25    the testing laboratory shall determine the databases from which to
20-26    select frequencies for use in the calculation of the probability of
20-27    paternity of the individual.  If there is disagreement as to the
 21-1    testing laboratory's choice:
 21-2                (1)  the objecting individual may require the testing
 21-3    laboratory, not later than the 30th day after the date of receipt
 21-4    of the report of the test, to recalculate the probability of
 21-5    paternity using an ethnic or racial group different from that used
 21-6    by the laboratory;
 21-7                (2)  the individual objecting to the testing
 21-8    laboratory's initial choice shall:
 21-9                      (A)  if the frequencies are not available to the
21-10    testing laboratory for the ethnic or racial group requested,
21-11    provide the requested frequencies compiled in a manner recognized
21-12    by accrediting bodies; or
21-13                      (B)  engage another testing laboratory to perform
21-14    the calculations; and
21-15                (3)  the testing laboratory may use its own statistical
21-16    estimate if there is a question regarding which ethnic or racial
21-17    group is appropriate and, if available, shall calculate the
21-18    frequencies using statistics for any other ethnic or racial group
21-19    requested.
21-20          (d)  If, after recalculation using a different ethnic or
21-21    racial group, genetic testing does not rebuttably identify a man as
21-22    the father of a child under Section 160.505, an individual who has
21-23    been tested may be required to submit to additional genetic
21-24    testing.
21-25          Sec. 160.504.  REPORT OF GENETIC TESTING. (a)  A report of
21-26    the results of genetic testing must be in a record and signed under
21-27    penalty of perjury by a designee of the testing laboratory. A
 22-1    report made under the requirements of this subchapter is
 22-2    self-authenticating.
 22-3          (b)  Documentation from the testing laboratory is sufficient
 22-4    to establish a reliable chain of custody that allows the results of
 22-5    genetic testing to be admissible without testimony if the
 22-6    documentation includes:
 22-7                (1)  the name and photograph of each individual whose
 22-8    specimens have been taken;
 22-9                (2)  the name of each individual who collected the
22-10    specimens;
22-11                (3)  the places in which the specimens were collected
22-12    and the date of each collection;
22-13                (4)  the name of each individual who received the
22-14    specimens in the testing laboratory; and
22-15                (5)  the dates the specimens were received.
22-16          Sec. 160.505.  GENETIC TESTING RESULTS; REBUTTAL. (a)  A man
22-17    is rebuttably identified as the father of a child under this
22-18    chapter if the genetic testing complies with this subchapter and
22-19    the results disclose:
22-20                (1)  that the man has at least a 99 percent probability
22-21    of paternity, using a prior probability of 0.5, as calculated by
22-22    using the combined paternity index obtained in the testing; and
22-23                (2)  a combined paternity index of at least 100 to 1.
22-24          (b)  A man identified as the father of a child under
22-25    Subsection (a)  may rebut the genetic testing results only by
22-26    producing other genetic testing satisfying the requirements of this
22-27    subchapter that:
 23-1                (1)  excludes the man as a genetic father of the child;
 23-2    or
 23-3                (2)  identifies another man as the father of the child.
 23-4          (c)  Except as otherwise provided by Section 160.510, if more
 23-5    than one man is identified by genetic testing as the possible
 23-6    father of the child, the court shall order each man to submit to
 23-7    further genetic testing to identify the genetic father.
 23-8          Sec. 160.506.  COSTS OF GENETIC TESTING. (a)  Subject to the
 23-9    assessment of costs under Subchapter G, the cost of initial genetic
23-10    testing must be advanced:
23-11                (1)  by a support enforcement agency, if the agency is
23-12    providing services in the proceeding;
23-13                (2)  by the individual who made the request;
23-14                (3)  as agreed by the parties; or
23-15                (4)  as ordered by the court.
23-16          (b)  In cases in which the cost of genetic testing is
23-17    advanced by the support enforcement agency, the agency may seek
23-18    reimbursement from a man who is rebuttably identified as the
23-19    father.
23-20          Sec. 160.507.  ADDITIONAL GENETIC TESTING. The court or the
23-21    support enforcement agency shall order additional genetic testing
23-22    on the request of a party who contests the result of the original
23-23    testing. If the previous genetic testing identified a man as the
23-24    father of the child under Section 160.505, the court or agency may
23-25    not order additional testing unless the party provides advance
23-26    payment for the testing.
23-27          Sec. 160.508.  GENETIC TESTING WHEN ALL INDIVIDUALS NOT
 24-1    AVAILABLE. (a)  Subject to Subsection (b), if a genetic testing
 24-2    specimen for good cause and under circumstances the court considers
 24-3    to be just is not available from a man who may be the father of a
 24-4    child, a court may order the following individuals to submit
 24-5    specimens for genetic testing:
 24-6                (1)  the parents of the man;
 24-7                (2)  any brothers or sisters of the man;
 24-8                (3)  any other children of the man and their mothers;
 24-9    and
24-10                (4)  other relatives of the man necessary to complete
24-11    genetic testing.
24-12          (b)  A court may not render an order under this section
24-13    unless the court finds that the need for genetic testing outweighs
24-14    the legitimate interests of the individual sought to be tested.
24-15          Sec. 160.509.  DECEASED INDIVIDUAL. For good cause shown, the
24-16    court may order genetic testing of a deceased individual.
24-17          Sec. 160.510.  IDENTICAL BROTHERS. (a)  The court may order
24-18    genetic testing of a brother of a man identified as the father of a
24-19    child if the man is commonly believed to have an identical brother
24-20    and evidence suggests that the brother may be the genetic father of
24-21    the child.
24-22          (b)  If each brother satisfies the requirements of Section
24-23    160.505 for being the identified father of the child and there is
24-24    not another identical brother being identified as the father of the
24-25    child, the court may rely on nongenetic evidence to adjudicate
24-26    which brother is the father of the child.
24-27          Sec. 160.511.  CONFIDENTIALITY OF GENETIC TESTING; OFFENSE.
 25-1    (a)  Release of a report of the results of genetic testing for
 25-2    parentage is controlled by applicable state law.
 25-3          (b)  A person commits an offense if the person intentionally
 25-4    releases an identifiable specimen of another person for any purpose
 25-5    not relevant to the parentage proceeding and without a court order
 25-6    or the written permission of the person who furnished the specimen.
 25-7    An offense under this subsection is a Class A misdemeanor.
 25-8             (Sections 160.512-160.600 reserved for expansion
 25-9             SUBCHAPTER G.  PROCEEDING TO ADJUDICATE PARENTAGE
25-10          Sec. 160.601.  PROCEEDING AUTHORIZED;  RULES OF PROCEDURE.
25-11    (a)  A civil proceeding may be maintained to adjudicate the
25-12    parentage of a child.
25-13          (b)  The proceeding is governed by the Texas Rules of Civil
25-14    Procedure.
25-15          Sec. 160.602.  STANDING TO MAINTAIN PROCEEDING. Subject to
25-16    Subchapter D and Sections 160.607 and 160.609, a proceeding to
25-17    adjudicate parentage may be maintained by:
25-18                (1)  the child;
25-19                (2)  the mother of the child;
25-20                (3)  a man whose paternity of the child is to be
25-21    adjudicated;
25-22                (4)  the support enforcement agency or another
25-23    government agency authorized by other law;
25-24                (5)  an authorized adoption agency or licensed
25-25    child-placing agency;
25-26                (6)  a representative authorized by law to act for an
25-27    individual who would otherwise be entitled to maintain a proceeding
 26-1    but who is deceased, is incapacitated, or is a minor; or
 26-2                (7)  a person related within the second degree by
 26-3    consanguinity to the mother of the child, if the mother is
 26-4    deceased.
 26-5          Sec. 160.603.  NECESSARY PARTIES TO PROCEEDING. The following
 26-6    individuals must be joined as parties in a proceeding to adjudicate
 26-7    parentage:
 26-8                (1)  the mother of the child; and
 26-9                (2)  a man whose paternity of the child is to be
26-10    adjudicated.
26-11          Sec. 160.604.  PERSONAL JURISDICTION. (a)  An individual may
26-12    not be adjudicated to be a parent unless the court has personal
26-13    jurisdiction over the individual.
26-14          (b)  A court of this state having jurisdiction to adjudicate
26-15    parentage may exercise personal jurisdiction over a nonresident
26-16    individual or the guardian or conservator of the individual if the
26-17    conditions in Section 159.201 are satisfied.
26-18          (c)  Lack of jurisdiction over one individual does not
26-19    preclude the court from making an adjudication of parentage binding
26-20    on another individual over whom the court has personal
26-21    jurisdiction.
26-22          Sec. 160.605.  VENUE. Venue for a proceeding to adjudicate
26-23    parentage is in the county of this state in which:
26-24                (1)  the child resides or is found;
26-25                (2)  the respondent resides or is found if the child
26-26    does not reside in this state; or
26-27                (3)  a proceeding for probate or administration of the
 27-1    presumed or alleged father's estate has been commenced.
 27-2          Sec. 160.606.  NO TIME LIMITATION:  CHILD HAVING NO PRESUMED,
 27-3    ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate the
 27-4    parentage of a child having no presumed, acknowledged, or
 27-5    adjudicated father may be commenced at any time, including after
 27-6    the date:
 27-7                (1)  the child becomes an adult; or
 27-8                (2)  an earlier proceeding to adjudicate paternity has
 27-9    been dismissed based on the application of a statute of limitation
27-10    then in effect.
27-11          Sec. 160.607.  TIME LIMITATION:  CHILD HAVING PRESUMED
27-12    FATHER. (a)  Except as otherwise provided by Subsection (b), a
27-13    proceeding brought by a presumed father, the mother, or another
27-14    individual to adjudicate the parentage of a child having a presumed
27-15    father shall be commenced not later than the second anniversary of
27-16    the date of the birth of the child.
27-17          (b)  A proceeding seeking to disprove the father-child
27-18    relationship between a child and the child's presumed father may be
27-19    maintained at any time if the court determines that:
27-20                (1)  the presumed father and the mother of the child
27-21    did not live together or  engage in sexual intercourse with each
27-22    other during the probable time of conception; and
27-23                (2)  the presumed father never openly treated the child
27-24    as his own.
27-25          Sec. 160.608.  AUTHORITY TO DENY MOTION FOR GENETIC TESTING.
27-26    (a)  In a proceeding to adjudicate parentage under circumstances
27-27    described by Section 160.607, a court may deny a motion for an
 28-1    order for the genetic testing of the mother, the child, and the
 28-2    presumed father if the court determines that:
 28-3                (1)  the conduct of the mother or the presumed father
 28-4    estops that party from denying parentage; and
 28-5                (2)  it would be inequitable to disprove the
 28-6    father-child relationship between the child and the presumed
 28-7    father.
 28-8          (b)  In determining whether to deny a motion for an order for
 28-9    genetic testing under this section, the court shall consider the
28-10    best interest of the child, including the following factors:
28-11                (1)  the length of time between the date of the
28-12    proceeding to adjudicate parentage and the date the presumed father
28-13    was placed on notice that he might not be the genetic father;
28-14                (2)  the length of time during which the presumed
28-15    father has assumed the role of father of the child;
28-16                (3)  the facts surrounding the presumed father's
28-17    discovery of his possible nonpaternity;
28-18                (4)  the nature of the relationship between the child
28-19    and the presumed father;
28-20                (5)  the age of the child;
28-21                (6)  any harm that may result to the child if presumed
28-22    paternity is successfully disproved;
28-23                (7)  the nature of the relationship between the child
28-24    and the alleged father;
28-25                (8)  the extent to which the passage of time reduces
28-26    the chances of establishing the paternity of another man and a
28-27    child support obligation in favor of the child; and
 29-1                (9)  other factors that may affect the equities arising
 29-2    from the disruption of the father-child relationship between the
 29-3    child and the presumed father or the chance of other harm to the
 29-4    child.
 29-5          (c)  In a proceeding involving the application of this
 29-6    section, a child who is a minor or is incapacitated must be
 29-7    represented by a guardian ad litem.
 29-8          (d)  A denial of a motion for an order for genetic testing
 29-9    must be based on clear and convincing evidence.
29-10          (e)  If the court denies a motion for an order for genetic
29-11    testing, the court shall issue an order adjudicating the presumed
29-12    father to be the father of the child.
29-13          Sec. 160.609.  TIME  LIMITATION:  CHILD HAVING ACKNOWLEDGED
29-14    OR ADJUDICATED FATHER. (a)  If a child has an acknowledged father,
29-15    a signatory to the acknowledgment or denial of paternity may
29-16    commence a proceeding seeking to rescind the acknowledgment or
29-17    denial or to challenge the paternity of the child only within the
29-18    time allowed under Section 160.307 or 160.308.
29-19          (b)  If a child has an acknowledged father or an adjudicated
29-20    father, an individual, other than the child, who is not a signatory
29-21    to the acknowledgment or a party to the adjudication and who seeks
29-22    an adjudication of paternity of the child must commence a
29-23    proceeding not later than the second anniversary of the effective
29-24    date of the acknowledgment or adjudication.
29-25          Sec. 160.610.  JOINDER OF PROCEEDINGS. (a)  Except as
29-26    provided by Subsection (b), a proceeding to adjudicate parentage
29-27    may be joined with a proceeding for adoption, termination of
 30-1    parental rights, possession of or access to a child, child support,
 30-2    divorce, annulment, or probate or administration of an estate or
 30-3    another appropriate proceeding.
 30-4          (b)  A respondent may not join a proceeding described by
 30-5    Subsection (a) with a proceeding to adjudicate parentage brought
 30-6    under Chapter 159.
 30-7          Sec. 160.611.  PROCEEDINGS BEFORE BIRTH. (a)  A proceeding to
 30-8    determine parentage commenced before the birth of the child may not
 30-9    be concluded until after the birth of the child.
30-10          (b)  In a proceeding described by Subsection (a), the
30-11    following actions may be taken before the birth of the child:
30-12                (1)  service of process;
30-13                (2)  discovery; and
30-14                (3)  except as prohibited by Section 160.502,
30-15    collection of specimens for genetic testing.
30-16          Sec. 160.612.  CHILD AS PARTY; REPRESENTATION. (a)  A minor
30-17    child is a permissible party, but is not a necessary party to a
30-18    proceeding under this subchapter.
30-19          (b)  The court shall appoint an attorney ad litem to
30-20    represent a child who is a minor or is incapacitated if the child
30-21    is a party or the court finds that the interests of the child are
30-22    not adequately represented.
30-23          Sec. 160.613.  ADMISSIBILITY OF RESULTS OF GENETIC TESTING;
30-24    EXPENSES. (a)  Except as otherwise provided by Subsection (c), a
30-25    report of a genetic testing expert is admissible as evidence of the
30-26    truth of the facts asserted in the report unless a party objects to
30-27    its admission not later than the 14th day after the date of receipt
 31-1    by the objecting party and cites specific grounds for exclusion.
 31-2    The admissibility of the report is not affected by whether the
 31-3    testing was performed:
 31-4                (1)  voluntarily or under an order of the court or a
 31-5    support enforcement agency; or
 31-6                (2)  before or after the date of commencement of the
 31-7    proceeding.
 31-8          (b)  A party objecting to the results of genetic testing may
 31-9    call one or more genetic testing experts to testify in person or by
31-10    telephone, videoconference, deposition, or another method approved
31-11    by the court.  Unless otherwise ordered by the court, the party
31-12    offering the testimony bears the expense for the expert testifying.
31-13          (c)  If a child has a presumed, acknowledged, or adjudicated
31-14    father, the results of genetic testing are inadmissible to
31-15    adjudicate parentage unless performed:
31-16                (1)  with the consent of both the mother and the
31-17    presumed, acknowledged, or adjudicated father; or
31-18                (2)  under an order of the court under Section 160.502.
31-19          (d)  Copies of bills for genetic testing and for prenatal and
31-20    postnatal health care for the mother and child that are furnished
31-21    to the adverse party on or before the 10th day before the date of a
31-22    hearing are admissible to establish:
31-23                (1)  the amount of the charges billed; and
31-24                (2)  that the charges were reasonable, necessary, and
31-25    customary.
31-26          Sec. 160.614.  CONSEQUENCES OF DECLINING GENETIC TESTING. (a)
31-27    An order for genetic testing is enforceable by contempt.
 32-1          (b)  A court may adjudicate parentage contrary to the
 32-2    position of an individual whose paternity is being determined on
 32-3    the grounds that the individual declines to submit to genetic
 32-4    testing as ordered by the court.
 32-5          (c)  Genetic testing of the mother of a child is not a
 32-6    prerequisite to testing the child and a man whose paternity is
 32-7    being determined. If the mother is unavailable or declines to
 32-8    submit to genetic testing, the court may order the testing of the
 32-9    child and each man whose paternity is being adjudicated.
32-10          Sec. 160.615.  ADMISSION OF PATERNITY AUTHORIZED. (a)  A
32-11    respondent in a proceeding to adjudicate parentage may admit to the
32-12    paternity of a child by filing a pleading to that effect or by
32-13    admitting paternity under penalty of perjury when making an
32-14    appearance or during a hearing.
32-15          (b)  If the court finds that the admission of paternity
32-16    satisfies the requirements of this section and that there is no
32-17    reason to question the admission, the court shall render an order
32-18    adjudicating the child to be the child of the man admitting
32-19    paternity.
32-20          Sec. 160.616.  TEMPORARY ORDER. (a)  In a proceeding under
32-21    this subchapter, the court shall render a temporary order for child
32-22    support for a child if the order is appropriate and the individual
32-23    ordered to pay child support:
32-24                (1)  is a presumed father of the child;
32-25                (2)  is petitioning to have his paternity adjudicated;
32-26                (3)  is identified as the father through genetic
32-27    testing under Section 160.505;
 33-1                (4)  is an alleged father who has declined to submit to
 33-2    genetic testing;
 33-3                (5)  is shown by clear and convincing evidence to be
 33-4    the father of the child; or
 33-5                (6)  is the mother of the child.
 33-6          (b)  A temporary order may include provisions for the
 33-7    possession of or access to the child as provided by other laws of
 33-8    this state.
 33-9          Sec. 160.617.  RULES FOR ADJUDICATION OF PATERNITY. (a)  The
33-10    court shall apply the rules stated in this section to adjudicate
33-11    the paternity of a child.
33-12          (b)  The paternity of a child having a presumed,
33-13    acknowledged, or adjudicated father may be disproved only by
33-14    admissible results of genetic testing excluding that man as the
33-15    father of the child or identifying another man as the father of the
33-16    child.
33-17          (c)  Unless the results of genetic testing are admitted to
33-18    rebut other results of genetic testing, the man identified as the
33-19    father of a child under Section 160.505 shall be adjudicated as
33-20    being the father of the child.
33-21          (d)  Unless the results of genetic testing are admitted to
33-22    rebut other results of genetic testing, a man excluded as the
33-23    father of a child by genetic testing shall be adjudicated as not
33-24    being the father of the child.
33-25          (e)  If the court finds that genetic testing under Section
33-26    160.505 does not identify or exclude a man as the father of a
33-27    child, the court may not dismiss the proceeding. In that event, the
 34-1    results of genetic testing and other evidence are admissible to
 34-2    adjudicate the issue of paternity.
 34-3          Sec. 160.618.  JURY PROHIBITED. The court shall adjudicate
 34-4    paternity of a child without a jury.
 34-5          Sec. 160.619.  HEARINGS; INSPECTION OF RECORDS. (a)  On the
 34-6    request of a party and for good cause shown, the court may order a
 34-7    proceeding under this subchapter closed to the public.
 34-8          (b)  A final order in a proceeding under this subchapter is
 34-9    available for public inspection.  Other papers and records are
34-10    available only with the consent of the parties or on order of the
34-11    court for good cause.
34-12          Sec. 160.620.  ORDER ON DEFAULT. The court shall issue an
34-13    order adjudicating the paternity of a man who:
34-14                (1)  after service of process, is in default; and
34-15                (2)  is found by the court to be the father of a child.
34-16          Sec. 160.621.  DISMISSAL FOR WANT OF PROSECUTION. The court
34-17    may issue an order dismissing a proceeding commenced under this
34-18    chapter for want of prosecution only without prejudice.  An order
34-19    of dismissal for want of prosecution purportedly with prejudice is
34-20    void and has only the effect of a dismissal without prejudice.
34-21          Sec. 160.622.  ORDER ADJUDICATING PARENTAGE; COSTS. (a)  The
34-22    court shall render an order adjudicating whether a man alleged or
34-23    claiming to be the father is the parent of the child.
34-24          (b)  An order adjudicating parentage must identify the child
34-25    by name and date of birth.
34-26          (c)  Except as otherwise provided by Subsection (d), the
34-27    court may assess filing fees, reasonable attorney's fees, fees for
 35-1    genetic testing, other costs, and necessary travel and other
 35-2    reasonable expenses incurred in a proceeding under this subchapter.
 35-3    Attorney's fees awarded by the court may be paid directly to the
 35-4    attorney.  An attorney who is awarded attorney's fees may enforce
 35-5    the order in the attorney's own name.
 35-6          (d)  The court may not assess fees, costs, or expenses
 35-7    against the support enforcement agency of this state or another
 35-8    state, except as provided by other law.
 35-9          (e)  On request of a party and for good cause shown, the
35-10    court may order that the name of the child be changed.
35-11          (f)  If the order of the court is at variance with the
35-12    child's birth certificate, the court shall order the bureau of
35-13    vital statistics to issue an amended birth record.
35-14          (g)  On a finding of parentage, the court may order child
35-15    support retroactive to the time of the birth of the child and, on a
35-16    proper showing, order a party to pay an equitable portion of all of
35-17    the prenatal and postnatal health care expenses of the mother and
35-18    the child.
35-19          (h)  In rendering an order for retroactive child support
35-20    under this section, the court shall use the child support
35-21    guidelines provided by Chapter 154, together with any relevant
35-22    factors.
35-23          Sec. 160.623.  BINDING EFFECT OF DETERMINATION OF PARENTAGE.
35-24    (a)  Except as otherwise provided by Subsection (b), a
35-25    determination of parentage is binding on:
35-26                (1)  all signatories to an acknowledgment or denial of
35-27    paternity as provided by Subchapter D; and
 36-1                (2)  all parties to an adjudication by a court acting
 36-2    under circumstances that satisfy the jurisdictional requirements of
 36-3    Section 159.201.
 36-4          (b)  A child is not bound by a determination of parentage
 36-5    under this chapter unless:
 36-6                (1)  the determination was based on an unrescinded
 36-7    acknowledgment of paternity and the acknowledgment is consistent
 36-8    with the results of genetic testing;
 36-9                (2)  the adjudication of parentage was based on a
36-10    finding consistent with the results of genetic testing and the
36-11    consistency is declared in the determination or is otherwise shown;
36-12    or
36-13                (3)  the child was a party or was represented in the
36-14    proceeding determining parentage by an attorney ad litem.
36-15          (c)  In a proceeding to dissolve a marriage, the court is
36-16    considered to have made an adjudication of the parentage of a child
36-17    if the court acts under circumstances that satisfy the
36-18    jurisdictional requirements of Section 159.201, and the final
36-19    order:
36-20                (1)  expressly identifies the child as "a child of the
36-21    marriage" or "issue of the marriage" or uses similar words
36-22    indicating that the husband is the father of the child; or
36-23                (2)  provides for the payment of child support for the
36-24    child by the husband unless paternity is specifically disclaimed in
36-25    the order.
36-26          (d)  Except as otherwise provided by Subsection (b), a
36-27    determination of parentage may be a defense in a subsequent
 37-1    proceeding seeking to adjudicate parentage by an individual who was
 37-2    not a party to the earlier proceeding.
 37-3          (e)  A party to an adjudication of paternity may challenge
 37-4    the adjudication only under the laws of this state relating to
 37-5    appeal, the vacating of judgments, or other judicial review.
 37-6             (Sections 160.624-160.700 reserved for expansion
 37-7               SUBCHAPTER H.  CHILD OF ASSISTED REPRODUCTION
 37-8          Sec. 160.701.  SCOPE OF SUBCHAPTER. This subchapter applies
 37-9    only to a child conceived by means of assisted reproduction.
37-10          Sec. 160.702.  PARENTAL STATUS OF DONOR. A donor is not a
37-11    parent of a child conceived by means of assisted reproduction.
37-12          Sec. 160.703.  HUSBAND'S PATERNITY OF CHILD OF ASSISTED
37-13    REPRODUCTION. If a husband provides sperm for or consents to
37-14    assisted reproduction by his wife as provided by Section 160.704,
37-15    he is the father of a resulting child.
37-16          Sec. 160.704.  CONSENT TO ASSISTED REPRODUCTION. (a)  Consent
37-17    by a married woman to assisted reproduction must be in a record
37-18    signed by the woman and her husband.  This requirement does not
37-19    apply to the donation of eggs by a married woman for assisted
37-20    reproduction by another woman.
37-21          (b)  Failure by the husband to sign a consent required by
37-22    Subsection (a) before or after the birth of the child does not
37-23    preclude a finding that the husband is the father of a child born
37-24    to his wife if the wife and husband openly treated the child as
37-25    their own.
37-26          Sec. 160.705.  LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY.
37-27    (a)  Except as otherwise provided by Subsection (b), the husband of
 38-1    a wife who gives birth to a child by means of assisted reproduction
 38-2    may not challenge his paternity of the child unless:
 38-3                (1)  before the second anniversary of the date of
 38-4    learning of the birth of the child he commences a proceeding to
 38-5    adjudicate his paternity; and
 38-6                (2)  the court finds that he did not consent to the
 38-7    assisted reproduction before or after the birth of the child.
 38-8          (b)  A proceeding to adjudicate paternity may be maintained
 38-9    at any time if the court determines that:
38-10                (1)  the husband did not provide sperm for or, before
38-11    or after the birth of the child, consent to assisted reproduction
38-12    by his wife;
38-13                (2)  the husband and the mother of the child have not
38-14    cohabited since the probable time of assisted reproduction; and
38-15                (3)  the husband never openly treated the child as his
38-16    own.
38-17          (c)  The limitations provided by this section apply to a
38-18    marriage declared invalid after assisted reproduction.
38-19          Sec. 160.706.  EFFECT OF DISSOLUTION OF MARRIAGE. (a)  If a
38-20    marriage is dissolved before the placement of eggs, sperm, or
38-21    embryos, the former spouse is not a parent of the resulting child
38-22    unless the former spouse consented in a record that if assisted
38-23    reproduction were to occur after a divorce the former spouse would
38-24    be a parent of the child.
38-25          (b)  The consent of a former spouse to assisted reproduction
38-26    may be withdrawn by that individual in a record at any time before
38-27    the placement of eggs, sperm, or embryos.
 39-1          Sec. 160.707.  PARENTAL STATUS OF DECEASED SPOUSE. If a
 39-2    spouse dies before the placement of eggs, sperm, or embryos, the
 39-3    deceased spouse is not a parent of the resulting child unless the
 39-4    deceased spouse consented in a record that if assisted reproduction
 39-5    were to occur after death the deceased spouse would be a parent of
 39-6    the child.  [Sec. 160.001.  APPLICABILITY.  This chapter governs a
 39-7    suit affecting the parent-child relationship in which the parentage
 39-8    of the biological mother or biological father is:]
 39-9                [(1)  sought to be adjudicated;]
39-10                [(2)  voluntarily admitted by the putative father; or]
39-11                [(3)  jointly acknowledged by the mother and putative
39-12    father.]
39-13          [Sec. 160.002.  TIME IN WHICH TO BRING SUIT TO DETERMINE
39-14    PARENTAGE. (a)  A suit affecting the parent-child relationship to
39-15    determine parentage under Subchapter B may be brought before the
39-16    birth of the child, but must be brought on or before the second
39-17    anniversary of the date the child becomes an adult, or the suit is
39-18    barred.]
39-19          [(b)  This section applies to a child for whom a parentage
39-20    suit was brought but dismissed because a statute of limitations of
39-21    less than 18 years was then in effect.]
39-22          [Sec. 160.003.  NECESSARY PARTY:  REPRESENTATION OF CHILD.
39-23    (a)  The child is not a necessary party to a suit under this
39-24    chapter.]
39-25          [(b)  It is rebuttably presumed in a trial on the merits
39-26    before a judge or jury that the interests of the child will be
39-27    adequately represented by the party bringing suit to determine
 40-1    parentage of the child.  If the court finds that the interests of
 40-2    the child will not be adequately represented by a party to the suit
 40-3    or are adverse to that party, the court shall appoint an attorney
 40-4    ad litem to represent the child.]
 40-5          [(c)  The child shall be represented in a settlement
 40-6    agreement, dismissal, or nonsuit by a guardian ad litem or an
 40-7    attorney ad litem appointed by the court, unless the court finds on
 40-8    the record that the interests of the child will be adequately
 40-9    represented by a party to the suit or are not adverse to that
40-10    party, and that the court approves the settlement agreement,
40-11    dismissal, or nonsuit.]
40-12          [Sec. 160.004.  TEMPORARY ORDERS. The court may render a
40-13    temporary order authorized in a suit under this title, including an
40-14    order for temporary support of a child, if the person ordered to
40-15    pay support:]
40-16                [(1)  is a presumed parent under Chapter 151;]
40-17                [(2)  is an alleged father petitioning to have his
40-18    paternity adjudicated or who admits paternity in pleadings filed
40-19    with the court;]
40-20                [(3)  is found by the court at the pretrial conference
40-21    authorized by this chapter not to be excluded as the biological
40-22    father of the child, with the court finding that at least 99
40-23    percent of the male population is excluded from being the
40-24    biological father of the child; or]
40-25                [(4)  executed a statement or acknowledgment of
40-26    paternity under Subchapter C.]
40-27          [Sec. 160.005.  CONSERVATORSHIP, SUPPORT, AND PAYMENTS. (a)
 41-1    In a suit in which a determination of parentage is sought, the
 41-2    court may provide for the managing and possessory conservatorship
 41-3    and support of and access to the child.]
 41-4          [(b)  On a finding of parentage, the court may order support
 41-5    retroactive to the time of the birth of the child and, on a proper
 41-6    showing, may order a party to pay an equitable portion of all
 41-7    prenatal and postnatal health care expenses of the mother and
 41-8    child.]
 41-9          [(c)  In making an order for retroactive child support under
41-10    this section, the court shall use the child support guidelines
41-11    provided by Chapter 154 together with any relevant factors.]
41-12          [Sec. 160.006.  FINAL ORDER REGARDING PARENTAGE. (a)  On a
41-13    verdict of the jury, or on a finding of the court if there is no
41-14    jury, the court shall render a final order declaring whether an
41-15    alleged parent is the biological parent of the child.]
41-16          [(b)  The effect of an order declaring that an alleged parent
41-17    is the biological parent of the child is to confirm or create the
41-18    parent-child relationship between the parent and the child for all
41-19    purposes.]
41-20          [(c)  If parentage is established, the order shall state the
41-21    name of the child.]
41-22          [Sec. 160.007.  SUIT BARRED. (a)  Except as provided by
41-23    Subsection (b), a suit under this chapter with respect to a child
41-24    is barred if final judgment has been rendered by a court of
41-25    competent jurisdiction:]
41-26                [(1)  adjudicating a named individual to be the
41-27    biological father of the child; or]
 42-1                [(2)  terminating the parent-child relationship between
 42-2    the child and each living parent of the child; or]
 42-3                [(3)  granting a petition for the adoption of the
 42-4    child.]
 42-5          [(b)  During the pendency of an appeal or direct attack on a
 42-6    judgment described by Subsection (a), a suit under this chapter may
 42-7    be filed but shall, on motion of a party, be stayed pending the
 42-8    final disposition of the appeal or direct attack on the judgment.]
 42-9                      [SUBCHAPTER B.  PARENTAGE SUIT]
42-10          [Sec. 160.101.  DENIAL OF PATERNITY. (a)  The presumption
42-11    that a man is the biological father of a child under Chapter 151
42-12    may be contested by:]
42-13                [(1)  the biological mother of the child;]
42-14                [(2)  a person related within the second degree of
42-15    consanguinity to the biological mother of the child, if the
42-16    biological mother of the child is deceased;]
42-17                [(3)  a man presumed to be the father of the child, who
42-18    may contest his own or another man's presumed paternity;]
42-19                [(4)  a man alleging himself to be the biological
42-20    father of the child; or]
42-21                [(5)  a governmental entity, authorized agency, or a
42-22    licensed child-placing agency.]
42-23          [(b)  A contest of paternity must be raised by an express
42-24    statement denying paternity of the child in a party's pleadings in
42-25    the suit, without regard to whether the presumed father or
42-26    biological mother is a petitioner or respondent.]
42-27          [(c)  In a suit in which a question of paternity is raised,
 43-1    the court shall conduct the pretrial proceedings and order
 43-2    scientifically accepted paternity testing as provided by this
 43-3    chapter.]
 43-4          [Sec. 160.102.  ORDER FOR PARENTAGE TESTING. (a)  When the
 43-5    respondent appears in a parentage suit, the court shall order the
 43-6    mother, an alleged father, and the child to submit to the taking of
 43-7    blood, body fluid, or tissue samples for the purpose of
 43-8    scientifically accepted parentage testing.]
 43-9          [(b)  If the respondent fails to appear and wholly defaults
43-10    or if the allegation of parentage is admitted, the court may waive
43-11    parentage testing.]
43-12          [Sec. 160.103.  REQUIREMENTS OF TESTING. The court shall
43-13    require in its order testing necessary to ascertain the possibility
43-14    of an alleged father's paternity and shall require that the tests
43-15    exclude at least 99 percent of the male population from the
43-16    possibility of being the father of the child, except that the court
43-17    shall permit the omission of any further testing if the testing has
43-18    been conducted sufficiently to establish that an alleged father is
43-19    not the father of the child, or if the costs of testing have
43-20    reached an amount that the court determines to be the greatest
43-21    amount that may reasonably be borne by one or more parties to the
43-22    suit.  If the appearance is before the birth of the child, the
43-23    court shall order the taking of blood, body fluid, or tissue
43-24    samples to be made as soon as medically practical after the birth.]
43-25          [Sec. 160.104. APPOINTMENT OF EXPERTS. (a)  The court shall:]
43-26                [(1)  appoint one or more experts qualified in
43-27    parentage testing to perform the tests;]
 44-1                [(2)  determine the number and qualifications of the
 44-2    experts; and]
 44-3                [(3)  prescribe the arrangements for conducting the
 44-4    tests.]
 44-5          [(b)  The court may:]
 44-6                [(1)  order a reasonable fee for each court-appointed
 44-7    expert; and]
 44-8                [(2)  require the fee to be paid by any or all of the
 44-9    parties in the amounts and in the manner directed or tax all, part,
44-10    or none of the fee as costs in the suit.]
44-11          [(c)  A party may employ other experts qualified in parentage
44-12    testing.  The court may order blood, body fluid, or tissue samples
44-13    made available to these experts if requested.]
44-14          [Sec. 160.105.  PRETRIAL CONFERENCE. (a)  After completion of
44-15    parentage testing, the court shall order all parties to appear,
44-16    either in person or by attorney, at a pretrial conference.]
44-17          [(b)  Either party may call a parentage testing expert to
44-18    testify in person or by deposition about the expert's tests and
44-19    findings.]
44-20          [(c)  A witness at a pretrial conference is governed by the
44-21    Texas Rules of Civil Evidence.]
44-22          [(d)  A verified written report of a parentage testing expert
44-23    is admissible at the pretrial conference as evidence of the truth
44-24    of the matters it contains.]
44-25          [(e)  All evidence admitted at the pretrial conference is a
44-26    part of the record of the case.]
44-27          [(f)  Parentage test results offered at a pretrial conference
 45-1    are admissible as evidence if the tests were conducted under a
 45-2    court order or by agreement without regard to whether the tests
 45-3    were performed before or after the filing of a suit.]
 45-4          [Sec. 160.106.  EFFECT OF PARENTAGE TESTS. (a)  At the
 45-5    conclusion of the pretrial conference, if the court finds that the
 45-6    tests show by clear and convincing evidence that an alleged or
 45-7    presumed father is not the father of the child, the court shall
 45-8    dismiss with prejudice the parentage suit as to that man.]
 45-9          [(b)  If the court finds that the parentage tests do not
45-10    exclude an alleged father as the father of the child, the court
45-11    shall set the suit for trial.]
45-12          [(c)  If the court finds that at least 99 percent of the male
45-13    population is excluded by the tests and that an alleged father is
45-14    not excluded from the possibility of being the child's father, the
45-15    burden of proof at trial is on the party opposing the establishment
45-16    of the alleged father's parentage.]
45-17          [Sec. 160.107.  EFFECT OF REFUSING PARENTAGE TESTING. (a)  An
45-18    order for parentage testing is enforceable by contempt and:]
45-19                [(1)  if the petitioner is the mother or an alleged
45-20    father and refuses to submit to parentage testing, the court may
45-21    dismiss the suit; or]
45-22                [(2)  if a party refuses to submit to court-ordered
45-23    parentage testing, on proof sufficient to render a default judgment
45-24    the court may resolve the question of parentage against that party.]
45-25          [(b)  If a parent or an alleged parent refuses to submit to
45-26    parentage testing, the fact of refusal may be introduced as
45-27    evidence as provided by this subchapter.]
 46-1          [Sec. 160.108.  PREFERENTIAL TRIAL SETTING. (a)  In a suit
 46-2    provided by this chapter, after a hearing the court shall grant a
 46-3    motion for a preferential setting for trial on the merits filed by
 46-4    a party to the suit or by the attorney or guardian ad litem for the
 46-5    child.  The court shall give precedence to that trial over other
 46-6    civil cases if discovery has been completed or sufficient time has
 46-7    elapsed since the filing of the suit for the completion of all
 46-8    necessary and reasonable discovery if diligently pursued.]
 46-9          [(b)  The provisions of this section regarding preferential
46-10    setting apply to trial on the merits without regard to whether the
46-11    suit is set for a trial before the court or before a jury.]
46-12          [Sec. 160.109.  EVIDENCE AT TRIAL. (a)  A party may call a
46-13    parentage testing expert to testify at the trial in person or by
46-14    deposition.]
46-15          [(b)  A verified written report of a parentage testing expert
46-16    is admissible at the trial as evidence of the truth of the matters
46-17    it contains.]
46-18          [(c)  If the parentage tests show the possibility of an
46-19    alleged father's paternity, the court shall admit this evidence if
46-20    offered at the trial.]
46-21          [(d)  Parentage test results offered at the trial shall be
46-22    admissible as evidence if the tests were conducted under court
46-23    order or by agreement, without regard to whether the tests were
46-24    performed before or after the filing of a suit.]
46-25          [(e)  The party seeking to establish an alleged father's
46-26    paternity retains the right to open and close at trial without
46-27    regard to whether the court has shifted the burden of proof to the
 47-1    opposing party.]
 47-2          [(f)  If a copy is provided to the adverse party and to the
 47-3    court at the pretrial conference, submission of a copy of a medical
 47-4    bill for the prenatal and postnatal health care expenses of the
 47-5    mother and child or for charges directly related to the parentage
 47-6    testing constitutes a prima facie showing that the charges are
 47-7    reasonable, necessary, and customary and may be admitted as
 47-8    evidence of the truth of the matters stated in the bill.]
 47-9          [Sec. 160.110.  PRESUMPTIONS; BURDEN OF PROOF. (a)  In a suit
47-10    in which there is a presumption of parentage under Chapter 151, the
47-11    party denying a presumed father's paternity of the child has the
47-12    burden of rebutting the presumption of paternity by clear and
47-13    convincing evidence.]
47-14          [(b)  If the parentage tests show the possibility of an
47-15    alleged father's paternity and that at least 99 percent of the male
47-16    population is excluded from the possibility of being the father,
47-17    evidence of these facts constitutes a prima facie showing of an
47-18    alleged father's paternity, and the party opposing the
47-19    establishment of the alleged father's paternity has the burden of
47-20    proving that the alleged father is not the father of the child.]
47-21          [(c)  A party who refuses to submit to parentage testing has
47-22    the burden of proving that an alleged father is not the father of
47-23    the child.]
47-24          [(d)  The court shall dismiss with prejudice a claim
47-25    regarding a presumed father whose paternity is excluded by
47-26    scientifically accepted paternity testing.]
47-27          [(e)  If two or more presumptions are in conflict, the
 48-1    presumption that is founded on the weightier considerations of
 48-2    policy and logic controls.  The court shall find that the weightier
 48-3    presumption of paternity is that of a presumed father who is not
 48-4    excluded as the biological father of the child by scientifically
 48-5    accepted paternity testing that shows that at least 99 percent of
 48-6    the male population is excluded.]
 48-7          [(f)  The court shall dismiss a suit contesting a presumption
 48-8    of paternity filed by a man who is not a presumed father, but who
 48-9    alleges himself to be the biological father of a child, if:]
48-10                [(1)  the suit is filed after the second anniversary of
48-11    the later of:]
48-12                      [(A)  the date of birth of the child; or]
48-13                      [(B)  the time the presumption of paternity came
48-14    into existence after the child was born; and]
48-15                [(2)  the presumed father:]
48-16                      [(A)  has resided in the same household as the
48-17    child in a father-child relationship or has established a
48-18    father-child relationship with the child through his other actions;
48-19    and]
48-20                      [(B)  requests an order designating him as the
48-21    father of the child.]
48-22          [(g)  A suit contesting a presumption that a man is the
48-23    biological father of a child may be filed at any time during the
48-24    minority of the child by:]
48-25                [(1)  the biological mother of the child;]
48-26                [(2)  a person related within the second degree of
48-27    consanguinity to the biological mother of the child, if the
 49-1    biological mother of the child is deceased;]
 49-2                [(3)  a presumed father; or]
 49-3                [(4)  a governmental entity, authorized agency, or
 49-4    licensed child-placing agency.]
 49-5          [(h)  If a presumption of paternity is rebutted, the court
 49-6    shall enter an order finding that the man presumed to be the father
 49-7    of the child is not the biological father.]
 49-8           [SUBCHAPTER C.  ACKNOWLEDGMENT OR DENIAL OF PATERNITY]
 49-9          [Sec. 160.201.  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
49-10    mother of a child and a man claiming to be the father of the child
49-11    may execute an acknowledgment of paternity as provided by this
49-12    subchapter to establish the man's paternity.]
49-13          [Sec. 160.202.  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
49-14    An acknowledgment of paternity must:]
49-15                [(1)  be in writing;]
49-16                [(2)  be signed by the mother and the putative father;
49-17    and]
49-18                [(3)  state whether the child whose paternity is being
49-19    acknowledged has a presumed father under Section 151.002.]
49-20          [(b)  If the mother declares in the acknowledgment that there
49-21    is a presumed father of the child, the acknowledgment must be
49-22    accompanied by a denial of paternity signed by the presumed father,
49-23    unless the presumed father is the man who has signed the
49-24    acknowledgment.]
49-25          [Sec. 160.203.  FILING ACKNOWLEDGMENT OF PATERNITY. (a)  An
49-26    acknowledgment of paternity executed under this subchapter shall be
49-27    filed with the bureau of vital statistics.]
 50-1          [(b)  The bureau of vital statistics may not charge a fee to
 50-2    file the acknowledgment.]
 50-3          [Sec. 160.204.  SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
 50-4    PATERNITY. (a)  An acknowledgment of paternity or a denial of
 50-5    paternity may contain the mother's signature and the putative
 50-6    father's signature on separate documents.]
 50-7          [(b)  An acknowledgment of paternity or a denial of paternity
 50-8    may be signed before the birth of the child.]
 50-9          [(c)  An adult or a minor may sign an acknowledgment of
50-10    paternity or a denial of paternity.]
50-11          [Sec. 160.205.  EFFECT OF ACKNOWLEDGMENT OF PATERNITY. (a)
50-12    Subject to the right to rescind or contest an acknowledgment of
50-13    paternity under this subchapter, a signed acknowledgment of
50-14    paternity filed with the bureau of vital statistics is a legal
50-15    finding of paternity of a child equivalent to a judicial
50-16    determination.]
50-17          [(b)  If the mother or the man claiming to be the father
50-18    falsely denies the existence of a presumed father in an
50-19    acknowledgment of paternity, the acknowledgment of paternity is
50-20    voidable within the time to rescind under Section 160.206.]
50-21          [Sec. 160.206.  SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL. (a)
50-22    Subject to the requirements of Subsection (b), a person who signs
50-23    an acknowledgment of paternity or a denial of paternity may file a
50-24    suit affecting the parent-child relationship to rescind the
50-25    acknowledgment of paternity or denial of paternity.]
50-26          [(b)  The petition to rescind an acknowledgment of paternity
50-27    or a denial of paternity must be filed not later than the earlier
 51-1    of:]
 51-2                [(1)  the 61st day after the date the acknowledgment of
 51-3    paternity or denial of paternity is filed with the bureau of vital
 51-4    statistics; or]
 51-5                [(2)  the date of the first hearing before a tribunal
 51-6    to determine an issue relating to the child in which the person is
 51-7    a party, including a proceeding that establishes support.]
 51-8          [(c)  If a proceeding to rescind an acknowledgment of
 51-9    paternity or a denial of paternity is filed jointly or agreed to by
51-10    all necessary parties, the court shall order the bureau of vital
51-11    statistics to amend the birth record of the child by removing the
51-12    father's name.]
51-13          [(d)  If the proceeding to rescind is not agreed to by all
51-14    parties, the court shall conduct a hearing in the same manner as a
51-15    proceeding to determine parentage under this chapter.]
51-16          [Sec. 160.207.  SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. (a)
51-17    A person who may contest a presumption of paternity under Section
51-18    160.101 may contest an acknowledgment of paternity or a denial of
51-19    paternity by filing a suit affecting the parent-child relationship.
51-20    A suit to contest an acknowledgment of paternity or a denial of
51-21    paternity that is filed after the time for a suit to rescind under
51-22    Section 160.206 may be filed only on the basis of fraud, duress, or
51-23    material mistake of fact.  The party challenging the acknowledgment
51-24    of paternity or the denial of paternity has the burden of proof.]
51-25          [(b)  A suit to contest an acknowledgment of paternity or a
51-26    denial of paternity shall be conducted in the same manner as a
51-27    proceeding to determine parentage under this chapter.]
 52-1          [(c)  A person must bring suit to contest an acknowledgment
 52-2    of paternity or a denial of paternity not later than the fourth
 52-3    anniversary of the date the acknowledgment of paternity or the
 52-4    denial of paternity is filed with the bureau of vital statistics.]
 52-5          [(d)  A suit to contest an unrescinded acknowledgment of
 52-6    paternity may not be filed after the date a court has rendered an
 52-7    order, including a child support order, based on the acknowledgment
 52-8    of paternity.]
 52-9          [(e)  Notwithstanding any other provision of this chapter, a
52-10    collateral attack on an acknowledgment of paternity executed under
52-11    this subchapter may not be filed after the fourth anniversary of
52-12    the date the acknowledgment of paternity is filed with the bureau
52-13    of vital statistics.]
52-14          [Sec. 160.208.  PROCEDURE FOR SUIT TO RESCIND OR CONTEST. (a)
52-15    Each person who signs an acknowledgment of paternity or a denial of
52-16    paternity must be made a party to a suit to rescind or contest the
52-17    acknowledgment of paternity or denial of paternity.]
52-18          [(b)  Except for good cause shown, the court may not suspend
52-19    the legal responsibility of a person arising from the
52-20    acknowledgment of paternity, including the duty to pay child
52-21    support, while a suit is pending.]
52-22          [(c)  On a determination of paternity or nonpaternity, the
52-23    court shall order the bureau of vital statistics to amend the birth
52-24    record of the child in accordance with the order of the court.]
52-25          [Sec. 160.209.  COURT RATIFICATION. An unrescinded and
52-26    uncontested acknowledgment of paternity is valid and effective
52-27    without court ratification.  In a judicial, administrative, or
 53-1    other proceeding, parentage of a child may be proved by evidence
 53-2    that an unrescinded and uncontested acknowledgment of paternity of
 53-3    the child has been filed with the bureau of vital statistics.]
 53-4          [Sec. 160.210.  FULL FAITH AND CREDIT. An acknowledgment of
 53-5    paternity signed in another state shall be accorded full faith and
 53-6    credit by the courts of this state if the acknowledgment is signed
 53-7    in apparent compliance with the other state's law.]
 53-8          [Sec. 160.211.  VALIDATION OF EARLIER STATEMENT. A statement
 53-9    admitting paternity or an obligation to support a child that was
53-10    signed before September 1, 1999, is valid and binding even though
53-11    the statement is not executed as provided by this subchapter.]
53-12          [Sec. 160.212.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
53-13    PATERNITY. (a)  The bureau of vital statistics shall prescribe
53-14    forms for an acknowledgment of paternity and a denial of paternity
53-15    to comply with this subchapter.]
53-16          [(b)  The forms prescribed under this section must:]
53-17                [(1)  contain information regarding the procedure to
53-18    rescind an acknowledgment or a denial;]
53-19                [(2)  provide that the signatures on the forms are
53-20    witnessed and signed under penalty of perjury; and]
53-21                [(3)  state whether the mother, the putative father, or
53-22    the presumed father is a minor.]
53-23          [(c)  The form for acknowledgment of paternity must inform
53-24    the putative father that signing the acknowledgment of paternity
53-25    with the consent of the mother:]
53-26                [(1)  creates the parent-child relationship between him
53-27    and the child;]
 54-1                [(2)  imposes upon him a legal duty to support the
 54-2    child; and]
 54-3                [(3)  enables a court to grant him the right of custody
 54-4    or visitation with the child.]
 54-5          [(d)  The form for denial of paternity must inform the man
 54-6    that signing the denial of paternity with the consent of the
 54-7    mother:]
 54-8                [(1)  legally determines his nonpaternity of the child;]
 54-9                [(2)  removes the legal duty that he support the child;
54-10    and]
54-11                [(3)  terminates his right of conservatorship or
54-12    possession of or access to the child.]
54-13          [Sec. 160.213.  VALIDITY OF FORMS. The validity of an
54-14    acknowledgment of paternity or a denial of paternity is not
54-15    affected by a modification of the prescribed form by the bureau of
54-16    vital statistics that occurs after the acknowledgment of paternity
54-17    or denial of paternity is signed if the form met the requirements
54-18    of state law at the time it was signed.]
54-19          [Sec. 160.214.  RELEASE OF INFORMATION. The bureau of vital
54-20    statistics shall release information relating to the acknowledgment
54-21    or denial of paternity and rescinding an acknowledgment or a denial
54-22    of paternity to the Title IV-D agency and any other person
54-23    authorized by law.]
54-24          [Sec. 160.215.  ADOPTION OF RULES. The Title IV-D agency and
54-25    the bureau of vital statistics may adopt rules to implement this
54-26    subchapter.]
54-27          [Sec. 160.216.  MEMORANDUM OF UNDERSTANDING. The Title IV-D
 55-1    agency and the bureau of vital statistics shall adopt a memorandum
 55-2    of understanding governing the collection and transfer of
 55-3    information for the voluntary acknowledgment of paternity. The
 55-4    Title IV-D agency and the bureau of vital statistics shall review
 55-5    the memorandum semiannually and renew or modify the memorandum as
 55-6    necessary.]
 55-7                    [SUBCHAPTER D.  PATERNITY REGISTRY]
 55-8          [Sec. 160.251.  PATERNITY REGISTRY; PURPOSE. (a)  The bureau
 55-9    of vital statistics shall establish a paternity registry.]
55-10          [(b)  The bureau of vital statistics shall administer the
55-11    registry to:]
55-12                [(1)  protect the parental rights of fathers who
55-13    affirmatively assume responsibility for children they may have
55-14    fathered; and]
55-15                [(2)  expedite adoptions of children whose biological
55-16    fathers are unwilling to assume responsibility for their children
55-17    by registering with the registry or otherwise acknowledging their
55-18    children.]
55-19          [(c)  The registry does not relieve a mother of the
55-20    obligation to identify the known father of her child.]
55-21          [(d)  A man is not required to register with the paternity
55-22    registry if he:]
55-23                [(1)  is presumed to be the biological father of a
55-24    child under Chapter 151;]
55-25                [(2)  has been adjudicated to be the biological father
55-26    of a child by a court of competent jurisdiction; or]
55-27                [(3)  has filed an acknowledgment of paternity under
 56-1    Subchapter C.]
 56-2          [Sec. 160.252.  REQUIRED INFORMATION. A man registering with
 56-3    the registry shall provide:]
 56-4                [(1)  the name, last known address, driver's license
 56-5    number, and social security number, if known, of the mother of the
 56-6    child;]
 56-7                [(2)  the name of the child and the location and date
 56-8    of birth of the child, if known, or the probable month and year of
 56-9    the expected birth of the child;]
56-10                [(3)  the man's name, address, driver's license number,
56-11    and social security number; and]
56-12                [(4)  a statement in which the man claims to be the
56-13    father of the child identified by the man.]
56-14          [Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
56-15    registry shall record the name, address, driver's license number,
56-16    and social security number of a man who claims to be the father of
56-17    a child whose paternity has not been adjudicated by a court of
56-18    competent jurisdiction by giving notice of intent to claim
56-19    paternity, as provided by this subchapter.]
56-20          [Sec. 160.254.  KNOWLEDGE OF PREGNANCY. (a)  A person who has
56-21    sexual intercourse with a person of the opposite sex is deemed to
56-22    have knowledge that sexual intercourse can result in the woman's
56-23    pregnancy.]
56-24          [(b)  Except as provided by this subchapter, a man who claims
56-25    to be the father of a child shall file a notice of intent to assert
56-26    as provided by this subchapter his right to establish paternity of
56-27    a child that may result from the sexual intercourse.]
 57-1          [(c)  Ignorance of a pregnancy is not a sufficient reason for
 57-2    failing to register with the registry to claim paternity of the
 57-3    child born of the pregnancy.]
 57-4          [Sec. 160.2545.  INFORMATION REGARDING REGISTRY, BIRTH
 57-5    RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
 57-6    VITAL STATISTICS. (a)  On receipt of a request for a certificate
 57-7    under Section 160.260 attesting to the results of a search of the
 57-8    paternity registry, the bureau of vital statistics shall search:]
 57-9                [(1)  notices of intent to claim paternity filed with
57-10    the registry under this subchapter;]
57-11                [(2)  birth records maintained by the bureau;]
57-12                [(3)  acknowledgments of paternity filed with the
57-13    bureau under Subchapter C; and]
57-14                [(4)  central file records identifying a court of
57-15    continuing jurisdiction and identifying the adjudicated father, if
57-16    any.]
57-17          [(b)  The bureau shall furnish information resulting from a
57-18    search under Subsection (a) to the requestor.]
57-19          [Sec. 160.255.  FURNISHING OF REGISTRY INFORMATION;
57-20    CONFIDENTIALITY; OFFENSE. (a)  If the mother's address has been
57-21    provided, the registry shall send a copy of the notice of intent to
57-22    claim paternity to the mother as notification that a man has
57-23    registered with the paternity registry claiming to be the father of
57-24    the mother's child.]
57-25          [(b)  Information contained in the registry is confidential
57-26    and may be released on request only to:]
57-27                [(1)  a court;]
 58-1                [(2)  the mother of a child;]
 58-2                [(3)  an authorized agency;]
 58-3                [(4)  a licensed child-placing agency;]
 58-4                [(5)  an attorney at law in this state who is
 58-5    participating or assisting in a suit affecting the parent-child
 58-6    relationship, including termination of the parent-child
 58-7    relationship or a suit for the adoption of the child that the
 58-8    registrant claims to have fathered; or]
 58-9                [(6)  any other person or entity the bureau of vital
58-10    statistics considers to have a legitimate interest in the
58-11    information.]
58-12          [(c)  The registry shall furnish registry information by
58-13    electronic data exchange or any other means to the state's Title
58-14    IV-D agency and the Department of Protective and Regulatory
58-15    Services.]
58-16          [(d)  A person commits an offense if the person intentionally
58-17    and unlawfully releases information from the registry to the public
58-18    or makes any other unlawful use of the information in violation of
58-19    this subchapter.  An offense under this subsection is a Class B
58-20    misdemeanor.]
58-21          [Sec. 160.256.  NOTICE OF INTENT TO CLAIM PATERNITY. (a)
58-22    Except as provided by Subsection (d), a person may register as
58-23    provided by this subchapter by filing a notice of intent to claim
58-24    paternity on a form provided by the bureau of vital statistics.
58-25    This form shall be signed and acknowledged before a notary public.]
58-26          [(b)  The bureau shall make registration forms available to
58-27    all:]
 59-1                [(1)  hospitals and other birthing places in this
 59-2    state;]
 59-3                [(2)  licensed child-placing agencies;]
 59-4                [(3)  county and district clerks;]
 59-5                [(4)  municipal clerks;]
 59-6                [(5)  justices of the peace;]
 59-7                [(6)  jails;]
 59-8                [(7)  prisons; and]
 59-9                [(8)  facilities of the Texas Department of Criminal
59-10    Justice and Texas Youth Commission.]
59-11          [(c)  A notice of intent to claim paternity may be filed
59-12    before the birth of the child but may not be filed after the 30th
59-13    day after the date of birth of the child.]
59-14          [(d)  If the bureau of vital statistics has received from the
59-15    clerk of the court notice under Chapter 108 of a decree terminating
59-16    the parent-child relationship between the person applying to
59-17    register and the child, the bureau shall notify the person that the
59-18    person's parent-child relationship with the child has been
59-19    terminated and may not enter into the registry a notice of intent
59-20    to claim paternity filed by the person.]
59-21          [Sec. 160.257.  DENIAL OF REGISTRANT'S PATERNITY;
59-22    NOTIFICATION. (a)  Not later than the 30th day after the date of
59-23    the receipt of notification from the bureau of vital statistics
59-24    that a notice of intent to claim paternity has been filed, the
59-25    mother of the child may deny the registrant's claim of paternity on
59-26    a form provided by the bureau and signed and acknowledged before a
59-27    notary public.]
 60-1          [(b)  If the mother denies that the registrant is the father
 60-2    of the child, the bureau of vital statistics shall immediately
 60-3    notify the registrant of the denial and of the registrant's right
 60-4    to file a legal action to establish paternity.]
 60-5          [Sec. 160.258.  EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
 60-6    Except as provided by Chapter 102 and Chapter 161, a man who fails
 60-7    to file a notice of intent to claim paternity before the 30th day
 60-8    after the date of the birth of the child may not assert an interest
 60-9    in the child other than by filing a suit to establish paternity
60-10    before the termination of the man's parental rights.]
60-11          [Sec. 160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.
60-12    (a)  A man who files a notice of intent to claim paternity with the
60-13    registry shall promptly notify the registry in writing of any
60-14    change in the information, including a change of address.]
60-15          [(b)  A man who files a notice of intent to claim paternity
60-16    may at any time revoke the notice by sending the registry a written
60-17    statement signed and acknowledged by the registrant before a notary
60-18    public.  The statement must include a declaration that, to the best
60-19    of the registrant's knowledge and belief:]
60-20                [(1)  the registrant is not the father of the named
60-21    child; or]
60-22                [(2)  a court has adjudicated paternity and a person
60-23    other than the registrant has been determined to be the father of
60-24    the child.]
60-25          [Sec. 160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
60-26    On request, the bureau of vital statistics shall furnish a
60-27    certificate, signed by the state registrar of vital statistics,
 61-1    attesting to the results of a search of the registry regarding a
 61-2    notice of intent to claim paternity to:]
 61-3                [(1)  a court;]
 61-4                [(2)  the mother of a child;]
 61-5                [(3)  an authorized agency;]
 61-6                [(4)  a licensed child-placing agency;]
 61-7                [(5)  an attorney licensed to practice law in this
 61-8    state who is participating or assisting in an adoption; or]
 61-9                [(6)  any other person or entity the bureau of vital
61-10    statistics considers to have a legitimate interest in the
61-11    information.]
61-12          [Sec. 160.261.  REMOVAL OF REGISTRANT'S NAME. If a court
61-13    determines that a registrant is not the father of the child, the
61-14    court shall order the bureau of vital statistics to remove the
61-15    registrant's name from the registry.  On receipt of an order for
61-16    the removal of a registrant's name, the bureau of vital statistics
61-17    shall remove the name from the registry.]
61-18          [Sec. 160.262. REGISTRY FEES. (a)  A fee may not be charged
61-19    for filing with the registry a notice of intent to claim paternity
61-20    of a child or a denial of a registrant's paternity.]
61-21          [(b)  Except as provided by Subsection (c), the Texas
61-22    Department of Health may charge a fee for processing a search of
61-23    the paternity registry and for furnishing a certificate under
61-24    Section 160.260.]
61-25          [(c)  The Department of Protective and Regulatory Services
61-26    and the Title IV-D agency are not required to pay a fee under
61-27    Subsection (b).]
 62-1          [Sec. 160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY
 62-2    REGISTRY. Information maintained by the paternity registry is
 62-3    admissible in a proceeding in a court or administrative tribunal of
 62-4    this state for any purpose, including for the establishment of the
 62-5    registrant's paternity or an action to terminate parental rights.]
 62-6                     ARTICLE 2.  CONFORMING AMENDMENTS
 62-7          SECTION 2.01.  Section 32.003(a), Family Code, is amended to
 62-8    read as follows:
 62-9          (a)  A child may consent to medical, dental, psychological,
62-10    and surgical treatment for the child by a licensed physician or
62-11    dentist if the child:
62-12                (1)  is on active duty with the armed services of the
62-13    United States of America;
62-14                (2)  is:
62-15                      (A)  16 years of age or older and resides
62-16    separate and apart from the child's parents, managing conservator,
62-17    or guardian, with or without the consent of the parents, managing
62-18    conservator, or guardian and regardless of the duration of the
62-19    residence; and
62-20                      (B)  managing the child's own financial affairs,
62-21    regardless of the source of the income;
62-22                (3)  consents to the diagnosis and treatment of an
62-23    infectious, contagious, or communicable disease that is required by
62-24    law or a rule to be reported by the licensed physician or dentist
62-25    to a local health officer or the Texas Department of Health,
62-26    including all diseases within the scope of Section 81.041, Health
62-27    and Safety Code;
 63-1                (4)  is unmarried and pregnant and consents to
 63-2    hospital, medical, or surgical treatment, other than abortion,
 63-3    related to the pregnancy;
 63-4                (5)  consents to examination and treatment for drug or
 63-5    chemical addiction, drug or chemical dependency, or any other
 63-6    condition directly related to drug or chemical use; or
 63-7                (6)  is unmarried and has actual custody of the child's
 63-8    [biological] child and consents to medical, dental, psychological,
 63-9    or surgical treatment for the child.
63-10          SECTION 2.02.  Section 51.02(9), Family Code, is amended to
63-11    read as follows:
63-12                (9)  "Parent" means the mother or[,] the father of a
63-13    [whether or not the] child [is legitimate, or an adoptive parent],
63-14    but does not include a parent whose parental rights have been
63-15    terminated.
63-16          SECTION 2.03.  Section 71.003, Family Code, is amended to
63-17    read as follows:
63-18          Sec. 71.003.  FAMILY.  "Family" includes individuals related
63-19    by consanguinity or affinity, as determined under Sections 573.022
63-20    and 573.024, Government Code, individuals who are former spouses of
63-21    each other, individuals who are the [biological] parents of the
63-22    same child, without regard to marriage, and a foster child and
63-23    foster parent, without regard to whether those individuals reside
63-24    together.
63-25          SECTION 2.04.  Section 101.024, Family Code, is amended to
63-26    read as follows:
63-27          Sec. 101.024.  PARENT.  "Parent" means the mother, a man
 64-1    presumed to be the [biological] father, a man legally determined to
 64-2    be the [biological] father, a man who has been adjudicated to be
 64-3    the [biological] father by a court of competent jurisdiction, or an
 64-4    adoptive mother or father.  The term does not include a parent as
 64-5    to whom the parent-child relationship has been terminated.
 64-6          SECTION 2.05.  Section 101.025, Family Code, is amended to
 64-7    read as follows:
 64-8          Sec. 101.025.  PARENT-CHILD RELATIONSHIP.  "Parent-child
 64-9    relationship" means the legal relationship between a child and the
64-10    child's [biological or adoptive] parents as provided by Chapter 160
64-11    [151].  The term includes the mother and child relationship and the
64-12    father and child relationship.
64-13          SECTION 2.06.  Section 102.003(a), Family Code, is amended to
64-14    read as follows:
64-15          (a)  An original suit may be filed at any time by:
64-16                (1)  a parent of the child;
64-17                (2)  the child through a representative authorized by
64-18    the court;
64-19                (3)  a custodian or person having the right of
64-20    visitation with or access to the child appointed by an order of a
64-21    court of another state or country;
64-22                (4)  a guardian of the person or of the estate of the
64-23    child;
64-24                (5)  a governmental entity;
64-25                (6)  an authorized agency;
64-26                (7)  a licensed child placing agency;
64-27                (8)  a man alleging himself to be the [biological]
 65-1    father of a child filing in accordance with Chapter 160, subject to
 65-2    the limitations of that chapter [Section 160.101], but not
 65-3    otherwise;
 65-4                (9)  a person, other than a foster parent, who has had
 65-5    actual care, control, and possession of the child for at least six
 65-6    months ending not more than 90 days preceding the date of the
 65-7    filing of the petition;
 65-8                (10)  a person designated as the managing conservator
 65-9    in a revoked or unrevoked affidavit of relinquishment under Chapter
65-10    161 or to whom consent to adoption has been given in writing under
65-11    Chapter 162;
65-12                (11)  a person with whom the child and the child's
65-13    guardian, managing conservator, or parent have resided for at least
65-14    six months ending not more than 90 days preceding the date of the
65-15    filing of the petition if the child's guardian, managing
65-16    conservator, or parent is deceased at the time of the filing of the
65-17    petition;
65-18                (12)  a person who is the foster parent of a child
65-19    placed by the Department of Protective and Regulatory Services in
65-20    the person's home for at least 12 months ending not more than 90
65-21    days preceding the date of the filing of the petition; or
65-22                (13)  a person who is a relative of the child within
65-23    the third degree by consanguinity, as determined by Chapter 573,
65-24    Government Code, if the child's parents are deceased at the time of
65-25    the filing of the petition.
65-26          SECTION 2.07.  Section 102.006(a), Family Code, is amended to
65-27    read as follows:
 66-1          (a)  Except as provided by Subsection (b), if the
 66-2    parent-child relationship between the child and every living parent
 66-3    of the child has been terminated, an original suit may not be filed
 66-4    by:
 66-5                (1)  a former parent whose parent-child relationship
 66-6    with the child has been terminated by court order;
 66-7                (2)  the birth [biological] father of the child; or
 66-8                (3)  a family member or relative by blood, adoption, or
 66-9    marriage of either a former parent whose parent-child relationship
66-10    has been terminated or of the birth [biological] father of the
66-11    child.
66-12          SECTION 2.08.  Section 102.009(a), Family Code, is amended to
66-13    read as follows:
66-14          (a)  Except as provided by Subsection (b), the following are
66-15    entitled to service of citation on the filing of a petition in an
66-16    original suit:
66-17                (1)  a managing conservator;
66-18                (2)  a possessory conservator;
66-19                (3)  a person having possession of or access to the
66-20    child under an order;
66-21                (4)  a person required by law or by order to provide
66-22    for the support of the child;
66-23                (5)  a guardian of the person of the child;
66-24                (6)  a guardian of the estate of the child;
66-25                (7)  each parent as to whom the parent-child
66-26    relationship has not been terminated or process has not been waived
66-27    under Chapter 161;
 67-1                (8)  an alleged father, unless there is attached to the
 67-2    petition an affidavit of waiver of interest in a child executed by
 67-3    the alleged father as provided by Chapter 161 or unless the
 67-4    petitioner has complied with the provisions of Section
 67-5    161.002(b)(2) or (b)(3);
 67-6                (9)  a man who has filed a notice of intent to claim
 67-7    paternity as provided by [Subchapter D,] Chapter 160;
 67-8                (10)  the Department of Protective and Regulatory
 67-9    Services, if the petition requests that the department be appointed
67-10    as managing conservator of the child; and
67-11                (11)  the Title IV-D agency, if the petition requests
67-12    the termination of the parent-child relationship and support rights
67-13    have been assigned to the Title IV-D agency under Chapter 231.
67-14          SECTION 2.09.  Section 105.002(b), Family Code, is amended to
67-15    read as follows:
67-16          (b)  A party may not demand a jury trial in:
67-17                (1)  a suit in which adoption is sought, including a
67-18    trial on the issue of denial or revocation of consent to the
67-19    adoption by the managing conservator; or
67-20                (2)  a suit to adjudicate [determine] parentage under
67-21    Chapter 160.
67-22          SECTION 2.10.  Section 107.013(a), Family Code, is amended to
67-23    read as follows:
67-24          (a)  In a suit in which termination of the parent-child
67-25    relationship is requested, the court shall appoint an attorney ad
67-26    litem to represent the interests of:
67-27                (1)  an indigent parent of the child who responds in
 68-1    opposition to the termination;
 68-2                (2)  a parent served by citation by publication;
 68-3                (3)  an alleged father who failed to register with the
 68-4    registry under [Subchapter D,] Chapter 160[,] and whose identity or
 68-5    location is unknown; and
 68-6                (4)  an alleged father who registered with the
 68-7    paternity registry under [Subchapter D,] Chapter 160, but the
 68-8    petitioner's attempt to personally serve citation at the address
 68-9    provided to the registry and at any other address for the alleged
68-10    father known by the petitioner has been unsuccessful.
68-11          SECTION 2.11.  Section 108.009(a), Family Code, is amended to
68-12    read as follows:
68-13          (a)  The state registrar shall substitute a new birth
68-14    certificate for the original based on the order in accordance with
68-15    laws or rules that permit the correction or substitution of a birth
68-16    certificate [certificates] for an adopted child or a child whose
68-17    parents marry each other [children or children presumed to be
68-18    biological children by the] subsequent to the birth of the child
68-19    [marriage of their parents].
68-20          SECTION 2.12.  Chapter 151, Family Code, is amended to read
68-21    as follows:
68-22                 CHAPTER 151.  RIGHTS AND DUTIES IN [THE]
68-23                         PARENT-CHILD RELATIONSHIP
68-24                    [SUBCHAPTER A.  GENERAL PROVISIONS]
68-25          Sec. 151.001.  [RELATION OF CHILD TO MOTHER AND FATHER. (a)
68-26    The parent-child relationship may be established between a child
68-27    and:]
 69-1                [(1)  the biological mother by proof of her having
 69-2    given birth to the child;]
 69-3                [(2)  the biological father as provided by this code;
 69-4    and]
 69-5                [(3)  an adoptive parent by proof of adoption.]
 69-6          [(b)  The parent-child relationship extends equally to every
 69-7    child and parent regardless of the marital status of the parents.]
 69-8          [Sec. 151.002.  PRESUMPTION OF PATERNITY.  (a)  A man is
 69-9    presumed to be the biological father of a child if:]
69-10                [(1)  he and the child's biological mother are or have
69-11    been married to each other and the child is born during the
69-12    marriage or not more than 300 days after the date the marriage
69-13    terminated by death, annulment, or divorce or by having been
69-14    declared void;]
69-15                [(2)  before the child's birth, he and the child's
69-16    biological mother attempted to marry each other by a marriage in
69-17    apparent compliance with law, although the attempted marriage is or
69-18    could be declared void, and the child is born during the attempted
69-19    marriage or not more than 300 days after the date the attempted
69-20    marriage terminated by death, annulment, or divorce or by having
69-21    been declared void; or]
69-22                [(3)  after the child's birth, he and the child's
69-23    biological mother have married or attempted to marry each other by
69-24    a marriage in apparent compliance with law, although the attempted
69-25    marriage is or could be declared void or voided by annulment, and:]
69-26                      [(A)  he has filed a written acknowledgment of
69-27    his paternity of the child under Chapter 160;]
 70-1                      [(B)  he consents in writing to be named and is
 70-2    named as the child's father on the child's birth certificate; or]
 70-3                      [(C)  he is obligated to support the child under
 70-4    a written voluntary promise or by court order.]
 70-5          [(b)  A presumption under this section may be rebutted as
 70-6    provided by Section 160.110.]
 70-7          [Sec. 151.003.]  RIGHTS AND DUTIES OF PARENT.  (a)  A parent
 70-8    of a child has the following rights and duties:
 70-9                (1)  the right to have physical possession, to direct
70-10    the moral and religious training, and to establish the residence of
70-11    the child;
70-12                (2)  the duty of care, control, protection, and
70-13    reasonable discipline of the child;
70-14                (3)  the duty to support the child, including providing
70-15    the child with clothing, food, shelter, medical and dental care,
70-16    and education;
70-17                (4)  the duty, except when a guardian of the child's
70-18    estate has been appointed, to manage the estate of the child,
70-19    including the right as an agent of the child to act in relation to
70-20    the child's estate if the child's action is required by a state,
70-21    the United States, or a foreign government;
70-22                (5)  the right to the services and earnings of the
70-23    child;
70-24                (6)  the right to consent to the child's marriage,
70-25    enlistment in the armed forces of the United States, medical and
70-26    dental care, and psychiatric, psychological, and surgical
70-27    treatment;
 71-1                (7)  the right to represent the child in legal action
 71-2    and to make other decisions of substantial legal significance
 71-3    concerning the child;
 71-4                (8)  the right to receive and give receipt for payments
 71-5    for the support of the child and to hold or disburse funds for the
 71-6    benefit of the child;
 71-7                (9)  the right to inherit from and through the child;
 71-8                (10)  the right to make decisions concerning the
 71-9    child's education; and
71-10                (11)  any other right or duty existing between a parent
71-11    and child by virtue of law.
71-12          (b)  The duty of a parent to support his or her child exists
71-13    while the child is an unemancipated minor and continues as long as
71-14    the child is fully enrolled in an accredited secondary school in a
71-15    program leading toward a high school diploma until the end of the
71-16    school year in which the child graduates.
71-17          (c)  A parent who fails to discharge the duty of support is
71-18    liable to a person who provides necessaries to those to whom
71-19    support is owed.
71-20          (d)  The rights and duties of a parent are subject to:
71-21                (1)  a court order affecting the rights and duties;
71-22                (2)  an affidavit of relinquishment of parental rights;
71-23    and
71-24                (3)  an affidavit by the parent designating another
71-25    person or agency to act as managing conservator.
71-26          Sec. 151.002 [151.004].  RIGHTS OF A LIVING CHILD AFTER AN
71-27    ABORTION OR PREMATURE BIRTH.  (a)  A living human child born alive
 72-1    after an abortion or premature birth is entitled to the same
 72-2    rights, powers, and privileges as are granted by the laws of this
 72-3    state to any other child born alive after the normal gestation
 72-4    period.
 72-5          (b)  In this code, "born alive" means the complete expulsion
 72-6    or extraction from its mother of a product of conception,
 72-7    irrespective of the duration of pregnancy, which, after such
 72-8    separation, breathes or shows any other evidence of life such as
 72-9    beating of the heart, pulsation of the umbilical cord, or definite
72-10    movement of voluntary muscles, whether or not the umbilical cord
72-11    has been cut or the placenta is attached.  Each product of the
72-12    birth is considered born alive.
72-13          Sec. 151.003 [151.005].  LIMITATION ON STATE AGENCY ACTION.
72-14    A state agency may not adopt rules or policies or take any other
72-15    action that violates the fundamental right and duty of a parent to
72-16    direct the upbringing of the parent's child.
72-17                    [SUBCHAPTER B.  ASSISTED CONCEPTION]
72-18          [Sec. 151.101.  ARTIFICIAL INSEMINATION.  (a)  If a husband
72-19    consents to the artificial insemination of his wife, any resulting
72-20    child is the child of both of them.  The consent must be in writing
72-21    and must be acknowledged.]
72-22          [(b)  If a woman is artificially inseminated, the resulting
72-23    child is not the child of the donor unless he is the husband.]
72-24          [Sec. 151.102.  OOCYTE DONATION.  (a)  If a husband consents
72-25    to provide sperm to fertilize a donor oocyte by in vitro
72-26    fertilization or other assisted reproductive techniques and the
72-27    wife consents to have a donor oocyte that has been fertilized with
 73-1    her husband's sperm, pursuant to his consent, placed in her uterus,
 73-2    a resulting child is the child of both of them.  The consent of
 73-3    each must be in writing.]
 73-4          [(b)  If a donor oocyte that has been fertilized with her
 73-5    husband's sperm implants in a wife's uterus, a resulting child is
 73-6    not the child of the donor of the oocyte.]
 73-7          [Sec. 151.103.  EMBRYO DONATION.  (a)  If, with the consent
 73-8    of the husband and the wife, a donated preimplantation embryo
 73-9    implants in the uterus of the wife, a resulting child is the child
73-10    of both of them.  The consent must be in writing.]
73-11          [(b)  If, with the consent of the husband and the wife, a
73-12    donated preimplantation embryo implants in the uterus of the wife,
73-13    a resulting child is not the child of the donor or donors of the
73-14    preimplantation embryo.]
73-15          [(c)  Subsections (a)  and (b) apply whether the donated
73-16    preimplantation embryo is the result of separate egg and sperm
73-17    donations or the result of donation of an embryo created for the
73-18    purpose of assisting the reproduction of the donating couple.]
73-19          SECTION 2.13.  Section 153.432(a), Family Code, is amended to
73-20    read as follows:
73-21          (a)  A [biological or adoptive] grandparent may request
73-22    access to a grandchild by filing:
73-23                (1)  an original suit; or
73-24                (2)  a suit for modification as provided by Chapter
73-25    156.
73-26          SECTION 2.14.  Section 153.433, Family Code, is amended to
73-27    read as follows:
 74-1          Sec. 153.433.  POSSESSION OF AND ACCESS TO GRANDCHILD.  The
 74-2    court shall order reasonable access to a grandchild by a
 74-3    grandparent if:
 74-4                (1)  at the time the relief is requested, at least one
 74-5    [biological or adoptive] parent of the child has not had that
 74-6    parent's parental rights terminated; and
 74-7                (2)  access is in the best interest of the child, and
 74-8    at least one of the following facts is present:
 74-9                      (A)  the grandparent requesting access to the
74-10    child is a parent of a parent of the child and that parent of the
74-11    child has been incarcerated in jail or prison during the
74-12    three-month period preceding the filing of the petition or has been
74-13    found by a court to be incompetent or is dead;
74-14                      (B)  the parents of the child are divorced or
74-15    have been living apart for the three-month period preceding the
74-16    filing of the petition or a suit for the dissolution of the
74-17    parents' marriage is pending;
74-18                      (C)  the child has been abused or neglected by a
74-19    parent of the child;
74-20                      (D)  the child has been adjudicated to be a child
74-21    in need of supervision or a delinquent child under Title 3;
74-22                      (E)  the grandparent requesting access to the
74-23    child is the parent of a person whose parent-child relationship
74-24    with the child has been terminated by court order; or
74-25                      (F)  the child has resided with the grandparent
74-26    requesting access to the child for at least six months within the
74-27    24-month period preceding the filing of the petition.
 75-1          SECTION 2.15.  Section 153.434, Family Code, is amended to
 75-2    read as follows:
 75-3          Sec. 153.434.  LIMITATION ON RIGHT TO REQUEST ACCESS.  A
 75-4    [biological or adoptive] grandparent may not request possession of
 75-5    or access to a grandchild if:
 75-6                (1)  each of the birth [biological] parents of the
 75-7    grandchild has:
 75-8                      (A)  died;
 75-9                      (B)  had the person's parental rights terminated;
75-10    or
75-11                      (C)  executed an affidavit of waiver of interest
75-12    in child or an affidavit of relinquishment of parental rights under
75-13    Chapter 161 and the affidavit designates an authorized agency,
75-14    licensed child-placing agency, or person other than the child's
75-15    stepparent as the managing conservator of the child; and
75-16                (2)  the grandchild has been adopted, or is the subject
75-17    of a pending suit for adoption, by a person other than the child's
75-18    stepparent.
75-19          SECTION 2.16.  Section 154.131(b), Family Code, is amended to
75-20    read as follows:
75-21          (b)  In ordering retroactive child support, the court shall
75-22    consider the net resources of the obligor during the relevant time
75-23    period and whether:
75-24                (1)  the mother of the child had made any previous
75-25    attempts to notify the [biological] father of his paternity or
75-26    probable paternity;
75-27                (2)  the [biological] father had knowledge of his
 76-1    paternity or probable paternity;
 76-2                (3)  the order of retroactive child support will impose
 76-3    an undue financial hardship on the obligor or the obligor's family;
 76-4    and
 76-5                (4)  the obligor has provided actual support or other
 76-6    necessaries before the filing of the action.
 76-7          SECTION 2.17.  Section 155.001(b), Family Code, is amended to
 76-8    read as follows:
 76-9          (b)  The following final orders do not create continuing,
76-10    exclusive jurisdiction in a court:
76-11                (1)  a voluntary or involuntary dismissal of a suit
76-12    affecting the parent-child relationship;
76-13                (2)  in a suit to determine parentage, a final order
76-14    finding that an alleged or presumed father is not the [biological]
76-15    father of the child, except that the jurisdiction of the court is
76-16    not affected if the child was subject to the jurisdiction of the
76-17    court or some other court in a suit affecting the parent-child
76-18    relationship before the commencement of the suit to adjudicate
76-19    [determine] parentage; and
76-20                (3)  a final order of adoption, after which a
76-21    subsequent suit affecting the child must be commenced as though the
76-22    child had not been the subject of a suit for adoption or any other
76-23    suit affecting the parent-child relationship before the adoption.
76-24          SECTION 2.18.  Sections 161.002(a)-(e), Family Code, are
76-25    amended to read as follows:
76-26          (a)  The procedural and substantive standards for termination
76-27    of parental rights apply to the termination of the rights of an
 77-1    alleged [biological] father.
 77-2          (b)  The rights of an alleged [biological] father may be
 77-3    terminated if:
 77-4                (1)  after being served with citation, he does not
 77-5    respond by timely filing an admission of paternity or a
 77-6    counterclaim for paternity under Chapter 160 prior to the final
 77-7    hearing in the suit;
 77-8                (2)  he has not registered with the paternity registry
 77-9    under [Subchapter D,] Chapter 160, and after the exercise of due
77-10    diligence by the petitioner:
77-11                      (A)  his identity and location are unknown; or
77-12                      (B)  his identity is known but he cannot be
77-13    located; or
77-14                (3)  he has registered with the paternity registry
77-15    under [Subchapter D,] Chapter 160, but the petitioner's attempt to
77-16    personally serve citation at the address provided to the registry
77-17    and at any other address for the alleged father known by the
77-18    petitioner has been unsuccessful, despite the due diligence of the
77-19    petitioner.
77-20          (c)  The termination of the rights of an alleged [biological]
77-21    father under Subsection (b)(2) rendered on or after January 1,
77-22    1998, does not require personal service of citation or citation by
77-23    publication on the alleged father.
77-24          (d)  The termination of rights of an alleged [biological]
77-25    father under Subsection (b)(3) does not require service of citation
77-26    by publication on the alleged father.
77-27          (e)  The court shall not render an order terminating parental
 78-1    rights under Subsection (b)(2) unless the court, after reviewing
 78-2    the petitioner's sworn affidavit describing the petitioner's effort
 78-3    to identify and locate the alleged [biological] father and
 78-4    considering any evidence submitted by the attorney ad litem for the
 78-5    alleged [biological] father, has found that the petitioner
 78-6    exercised due diligence in attempting to identify and locate the
 78-7    alleged [biological] father.  The order shall contain specific
 78-8    findings regarding due diligence of the petitioner.
 78-9          SECTION 2.19.  Section 161.206(c), Family Code, is amended to
78-10    read as follows:
78-11          (c)  Nothing in this chapter precludes or affects the rights
78-12    of a [biological or adoptive] maternal or paternal grandparent to
78-13    reasonable access under Chapter 153.
78-14          SECTION 2.20.  Section 162.006(a), Family Code, is amended to
78-15    read as follows:
78-16          (a)  The department, licensed child-placing agency, person,
78-17    or entity placing a child for adoption shall inform the prospective
78-18    adoptive parents of their right to examine the records and other
78-19    information relating to the history of the child.  The person or
78-20    entity placing the child for adoption shall edit the records and
78-21    information to protect the identity of the birth [biological]
78-22    parents and any other person whose identity is confidential.
78-23          SECTION 2.21.  Section 162.008(c), Family Code, is amended to
78-24    read as follows:
78-25          (c)  A court having jurisdiction of a suit affecting the
78-26    parent-child relationship may by order waive the making and filing
78-27    of a report under this section if the child's birth [biological]
 79-1    parents cannot be located and their absence results in insufficient
 79-2    information being available to compile the report.
 79-3          SECTION 2.22.  Sections 162.017(b) and (d), Family Code, are
 79-4    amended to read as follows:
 79-5          (b)  An adopted child is entitled to inherit from and through
 79-6    the child's adoptive parents as though the adoptive [child were the
 79-7    biological child of the] parents were the child's birth parents.
 79-8          (d)  Nothing in this chapter precludes or affects the rights
 79-9    of a [biological or adoptive] maternal or paternal grandparent to
79-10    reasonable access, as provided in Chapter 153.
79-11          SECTION 2.23.  Sections 162.018(b)-(d), Family Code, are
79-12    amended to read as follows:
79-13          (b)  The adoptive parents and the adopted child, after the
79-14    child is an adult, are entitled to receive copies of the records
79-15    that have been edited to protect the identity of the birth
79-16    [biological] parents and any other person whose identity is
79-17    confidential and other information relating to the history of the
79-18    child maintained by the department, licensed child-placing agency,
79-19    person, or entity placing the child for adoption.
79-20          (c)  It is the duty of the person or entity placing the child
79-21    for adoption to edit the records and information to protect the
79-22    identity of the birth [biological] parents and any other person
79-23    whose identity is confidential.
79-24          (d)  At the time an adoption order is rendered, the court
79-25    shall provide to the parents of an adopted child information
79-26    provided by the bureau of vital statistics that describes the
79-27    functions of the voluntary adoption registry under Subchapter E.
 80-1    The licensed child-placing agency shall provide to each of the
 80-2    child's birth [biological] parents known to the agency, the
 80-3    information when the parent signs an affidavit of relinquishment of
 80-4    parental rights, affidavit of status of child, or affidavit of
 80-5    waiver of interest in a child.  The information shall include the
 80-6    right of the child or birth [biological] parent to refuse to
 80-7    participate in the registry.  If the adopted child is 14 years old
 80-8    or older the court shall provide the information to the child.
 80-9          SECTION 2.24.  Section 162.401, Family Code, is amended to
80-10    read as follows:
80-11          Sec. 162.401.  PURPOSE.  The purpose of this subchapter is to
80-12    provide for the establishment of mutual consent voluntary adoption
80-13    registries through which adoptees, birth parents, and [biological]
80-14    siblings may voluntarily locate each other.  It is not the purpose
80-15    of this subchapter to inhibit or prohibit persons from locating
80-16    each other through other legal means or to inhibit or affect in any
80-17    way the provision of postadoptive services and education, by
80-18    adoption agencies or others, that go further than the procedures
80-19    set out for registries established under this subchapter.
80-20          SECTION 2.25.  Sections 162.402(3), (4), (6), and (8)-(10),
80-21    Family Code, are amended to read as follows:
80-22                (3)  "Adoption" means the act of creating the legal
80-23    relationship of parent and child between a person and a child who
80-24    is not the [biological] child of that person under Chapter 160. The
80-25    term does not include the act of establishing the legal
80-26    relationship of parent and child between a man and a child through
80-27    proof of paternity or voluntary acknowledgment [legitimation]
 81-1    proceedings.
 81-2                (4)  "Adoption agency" means a person, other than a
 81-3    [natural] parent or guardian of a child, who plans for the
 81-4    placement of or places a child in the home of a prospective
 81-5    adoptive parent.
 81-6                (6)  "Alleged father" means a man who is not deemed by
 81-7    law to be or who has not been adjudicated to be the [biological]
 81-8    father of an adoptee and who claims or is alleged to be the
 81-9    adoptee's [biological] father.
81-10                (8)  "Parent" ["Biological parent"] means a man or
81-11    woman who is the father or mother of [genetic origin of] a child.
81-12                (9)  "Siblings" ["Biological siblings"] means persons
81-13    who share a common [birth] parent.
81-14                (10)  "Birth parent" means:
81-15                      (A)  the woman who gave birth to [biological
81-16    mother of] an adoptee;
81-17                      (B)  the man adjudicated or presumed under
81-18    Chapter 160 [151] to be the [biological] father of an adoptee; and
81-19                      (C)  a man who has signed a consent to adoption,
81-20    affidavit of relinquishment, affidavit of waiver of interest in
81-21    child, or other written instrument releasing the adoptee for
81-22    adoption, unless the consent, affidavit, or other instrument
81-23    includes a sworn refusal to admit or a denial of paternity.  The
81-24    term includes a birth mother and birth father but does not include
81-25    a person adjudicated by a court of competent jurisdiction as not
81-26    being the [biological] parent of an adoptee.
81-27          SECTION 2.26.  Section 162.405(d), Family Code, is amended to
 82-1    read as follows:
 82-2          (d)  After completing the investigation, the administrator of
 82-3    the central registry shall issue an official certificate stating:
 82-4                (1)  the identity of the registry through which the
 82-5    adoptee, birth parent, or [biological] sibling may apply for
 82-6    registration, if known; or
 82-7                (2)  if the administrator cannot make a conclusive
 82-8    determination, that the adoptee, birth parent, or [biological]
 82-9    sibling is entitled to apply for registration through the central
82-10    registry.
82-11          SECTION 2.27.  Sections 162.406(a) and (c)-(f), Family Code,
82-12    are amended to read as follows:
82-13          (a)  An adoptee who is 18 years of age or older may apply to
82-14    a registry for information about the adoptee's birth parents and
82-15    [biological] siblings.
82-16          (c)  An alleged father who is 18 years of age or older and
82-17    who acknowledges paternity but is not, at the time of application,
82-18    a birth father may register as a birth father but may not otherwise
82-19    be recognized as a birth father for the purposes of this subchapter
82-20    unless:
82-21                (1)  the adoptee's birth mother in her application
82-22    identifies him as the adoptee's [biological] father; and
82-23                (2)  additional information concerning the adoptee
82-24    obtained from other sources is not inconsistent with his claim of
82-25    paternity.
82-26          (d)  A [biological] sibling who is 18 years of age or older
82-27    may apply to a registry for information about the person's adopted
 83-1    [biological] siblings.
 83-2          (e)  Only birth parents, adoptees, and [biological] siblings
 83-3    may apply for information through a registry.
 83-4          (f)  A person, including an authorized agency, may not apply
 83-5    for information through a registry as an agent, attorney, or
 83-6    representative of an adoptee, birth parent, or [biological]
 83-7    sibling.
 83-8          SECTION 2.28.  Section 162.407(c), Family Code, is amended to
 83-9    read as follows:
83-10          (c)  Birth parents and [biological] siblings shall register
83-11    through:
83-12                (1)  the registry of the authorized agency through
83-13    which the adoptee was adopted or placed; or
83-14                (2)  the central registry.
83-15          SECTION 2.29.  Section 162.408, Family Code, is amended to
83-16    read as follows:
83-17          Sec. 162.408.  PROOF OF IDENTITY.  The rules and minimum
83-18    standards of the Texas Board of Health for the bureau must provide
83-19    for proof of identity in order to facilitate the purposes of this
83-20    subchapter and to protect the privacy rights of adoptees, adoptive
83-21    parents, birth parents, [biological] siblings, and their families.
83-22          SECTION 2.30.  Sections 162.409(a) and (d), Family Code, are
83-23    amended to read as follows:
83-24          (a)  An application must contain:
83-25                (1)  the name, address, and telephone number of the
83-26    applicant;
83-27                (2)  any other name or alias by which the applicant has
 84-1    been known;
 84-2                (3)  the age, date of birth, and place of birth of the
 84-3    applicant;
 84-4                (4)  the original name of the adoptee, if known;
 84-5                (5)  the adoptive name of the adoptee, if known;
 84-6                (6)  a statement that the applicant is willing to allow
 84-7    the applicant's identity to be disclosed to a registrant who is
 84-8    eligible to learn the applicant's identity;
 84-9                (7)  the name, address, and telephone number of the
84-10    agency or other entity, organization, or person placing the adoptee
84-11    for adoption, if known, or, if not known, a statement that the
84-12    applicant does not know that information;
84-13                (8)  an authorization to the administrator and the
84-14    administrator's designees to inspect all vital statistics records,
84-15    court records, and agency records, including confidential records,
84-16    relating to the birth, adoption, marriage, and divorce of the
84-17    applicant or to the birth and death of any child or sibling by
84-18    birth or adoption of the applicant;
84-19                (9)  the specific address to which the applicant wishes
84-20    notice of a successful match to be mailed;
84-21                (10)  a statement that the applicant either does or
84-22    does not consent to disclosure of identifying information about the
84-23    applicant after the applicant's death;
84-24                (11)  a statement that the registration is to be
84-25    effective for 99 years or for a stated shorter period selected by
84-26    the applicant; and
84-27                (12)  a statement that the adoptee applicant either
 85-1    does or does not desire to be informed that registry records
 85-2    indicate that the applicant has a [biological] sibling who has
 85-3    registered under this subchapter.
 85-4          (d)  The application of a [biological] sibling must include:
 85-5                (1)  a statement explaining the applicant's basis for
 85-6    believing that the applicant has one or more [biological] siblings;
 85-7                (2)  the names, including maiden and married names, and
 85-8    aliases of all the applicant's siblings by birth and adoption and
 85-9    their dates and places of birth, if known;
85-10                (3)  the names of the applicant's legal parents;
85-11                (4)  the names of the applicant's birth parents, if
85-12    known; and
85-13                (5)  any other information known to the applicant
85-14    through which the existence and identity of the applicant's
85-15    [biological] siblings can be confirmed.
85-16          SECTION 2.31.  Section 162.414, Family Code, is amended to
85-17    read as follows:
85-18          Sec. 162.414.  MATCHING PROCEDURES.  (a)  The administrator
85-19    shall process each registration in an attempt to match the adoptee
85-20    and the adoptee's birth parents or the adoptee and the adoptee's
85-21    [biological] siblings.
85-22          (b)  The administrator shall determine that there is a match
85-23    if the adult adoptee and the birth mother or the birth father have
85-24    registered or if a [biological] sibling has registered.
85-25          (c)  To establish or corroborate a match, the administrator
85-26    shall request confirmation of a possible match from the bureau. If
85-27    the agency operating the registry has in its own records sufficient
 86-1    information through which the match may be confirmed, the
 86-2    administrator may, but is not required to, request confirmation
 86-3    from the bureau.  The bureau may confirm or deny the match without
 86-4    breaching the duty of confidentiality to the adoptee, adoptive
 86-5    parents, birth parents, or [biological] siblings and without a
 86-6    court order.
 86-7          (d)  To establish a match, the administrator may also request
 86-8    confirmation of a possible match from the agency, if any, that has
 86-9    possession of records concerning the adoption of an adoptee or from
86-10    the court that granted the adoption, the hospital where the adoptee
86-11    or any [biological] sibling was born, the physician who delivered
86-12    the adoptee or [biological] sibling, or any other person who has
86-13    knowledge of the relevant facts.  The agency, court, hospital,
86-14    physician, or person with knowledge may confirm or deny the match
86-15    without breaching any duty of confidentiality to the adoptee,
86-16    adoptive parents, birth parents, or [biological] siblings.
86-17          (e)  If a match is denied by a source contacted under
86-18    Subsection (d), the administrator shall make a full and complete
86-19    investigation into the reliability of the denial.  If the match is
86-20    corroborated by other reliable sources and the administrator is
86-21    satisfied that the denial is erroneous, the administrator may make
86-22    disclosures but shall report to the adoptee, birth parents, and
86-23    [biological] siblings involved that the match was not confirmed by
86-24    all information sources.
86-25          SECTION 2.32.  Section 162.416(e), Family Code, is amended to
86-26    read as follows:
86-27          (e)  If the administrator establishes that a match cannot be
 87-1    made because of the death of an adoptee, birth parent, or
 87-2    [biological] sibling, the administrator shall promptly notify the
 87-3    affected registrant.  The administrator shall disclose the reason
 87-4    why a match cannot be made and may disclose nonidentifying
 87-5    information concerning the circumstances of the person's death.
 87-6          SECTION 2.33.  Section 162.420(a), Family Code, is amended to
 87-7    read as follows:
 87-8          (a)  The Texas Board of Health shall make rules and adopt
 87-9    minimum standards for the bureau to:
87-10                (1)  administer the provisions of this subchapter; and
87-11                (2)  ensure that each registry respects the right to
87-12    privacy and confidentiality of an adoptee, birth parent, and
87-13    [biological] sibling who does not desire to disclose the person's
87-14    identity.
87-15          SECTION 2.34.  Section 162.421(e), Family Code, is amended to
87-16    read as follows:
87-17          (e)  A person commits an offense if the person impersonates
87-18    an adoptee, birth parent, or [biological] sibling with the intent
87-19    to secure confidential information from a registry established
87-20    under this subchapter.  An offense under this subsection is a
87-21    felony of the second degree.
87-22          SECTION 2.35.  Sections 162.422(a)-(c), Family Code, are
87-23    amended to read as follows:
87-24          (a)  The bureau or authorized agency establishing or
87-25    operating a registry is not liable to any person for obtaining or
87-26    disclosing identifying information about a birth parent, adoptee,
87-27    or [biological] sibling within the scope of this subchapter and
 88-1    under its provisions.
 88-2          (b)  An employee or agent of the bureau or of an authorized
 88-3    agency establishing or operating a registry under this subchapter
 88-4    is not liable to any person for obtaining or disclosing identifying
 88-5    information about a birth parent, adoptee, or [biological] sibling
 88-6    within the scope of this subchapter and under its provisions.
 88-7          (c)  A person or entity furnishing information to the
 88-8    administrator or an employee or agent of a registry is not liable
 88-9    to any person for disclosing information about a birth parent,
88-10    adoptee, or [biological] sibling within the scope of this
88-11    subchapter and under its provisions.
88-12          SECTION 2.36.  Sections 162.507(b) and (c), Family Code, are
88-13    amended to read as follows:
88-14          (b)  The adopted adult is entitled to inherit from and
88-15    through the adopted adult's adoptive parents as though the [adopted
88-16    adult were the biological child of the] adoptive parents were the
88-17    birth parents of the adopted adult.
88-18          (c)  The adopted adult retains the right to inherit from the
88-19    adult's birth [biological] parents.  However, a birth [biological]
88-20    parent may not inherit from or through an adopted adult.
88-21          SECTION 2.37.  Section 231.112, Family Code, is amended to
88-22    read as follows:
88-23          Sec. 231.112.  INFORMATION ON PATERNITY ESTABLISHMENT.  On
88-24    notification by the state registrar under Section 192.005(d),
88-25    Health and Safety Code, that the items relating to the child's
88-26    father are not completed on a birth certificate filed with the
88-27    state registrar, the Title IV-D agency may provide to:
 89-1                (1)  the child's mother and, if possible, the man
 89-2    claiming to be the child's [biological] father written information
 89-3    necessary for the man to complete an acknowledgment of paternity as
 89-4    provided by Chapter 160; and
 89-5                (2)  the child's mother written information:
 89-6                      (A)  explaining the benefits of having the
 89-7    child's paternity established; and
 89-8                      (B)  regarding the availability of paternity
 89-9    establishment and child support enforcement services.
89-10          SECTION 2.38.  Section 233.028(d), Family Code, is amended to
89-11    read as follows:
89-12          (d)  If genetic [parentage] testing identifies [does not
89-13    exclude] the alleged parent as the parent of the child and the
89-14    results of a verified written report of a genetic [parentage]
89-15    testing expert meet the requirements of Chapter 160 for issuing a
89-16    temporary order, the Title IV-D agency may conduct a negotiation
89-17    conference to resolve any issues of support and file with the court
89-18    a child support review order.
89-19          SECTION 2.39.  Section 261.201(d), Family Code, is amended to
89-20    read as follows:
89-21          (d)  The adoptive parents of a child who was the subject of
89-22    an investigation and an adult who was the subject of an
89-23    investigation as a child are entitled to examine and make copies of
89-24    any report, record, working paper, or other information in the
89-25    possession, custody, or control of the state that pertains to the
89-26    history of the child.  The department may edit the documents to
89-27    protect the identity of the birth [biological] parents and any
 90-1    other person whose identity is confidential.
 90-2          SECTION 2.40.  Section 42(b)(1), Texas Probate Code, is
 90-3    amended to read as follows:
 90-4                (1)  For the purpose of inheritance, a child is the
 90-5    child of his biological father if the child is born under
 90-6    circumstances described by Section 160.201 [151.002], Family Code,
 90-7    is adjudicated to be the child of the father by court decree as
 90-8    provided by Chapter 160, Family Code, was adopted by his father, or
 90-9    if the father executed an acknowledgment [a statement] of paternity
90-10    as provided by Subchapter D, Chapter 160 [Section 160.202], Family
90-11    Code, or a like statement properly executed in another
90-12    jurisdiction, so that he and his issue shall inherit from his
90-13    father and from his paternal kindred, both descendants, ascendants,
90-14    and collaterals in all degrees, and they may inherit from him and
90-15    his issue.  A person claiming to be a biological child of the
90-16    decedent, who is not otherwise presumed to be a child of the
90-17    decedent, or claiming inheritance through a biological child of the
90-18    decedent, who is not otherwise presumed to be a child of the
90-19    decedent, may petition the probate court for a determination of
90-20    right of inheritance.  If the court finds by clear and convincing
90-21    evidence that the purported father was the biological father of the
90-22    child, the child is treated as any other child of the decedent for
90-23    the purpose of inheritance and he and his issue may inherit from
90-24    his paternal kindred, both descendants, ascendants, and collaterals
90-25    in all degrees, and they may inherit from him and his issue. This
90-26    section does not permit inheritance by a purported father of a
90-27    child, whether recognized or not, if the purported father's
 91-1    parental rights have been terminated.
 91-2                 ARTICLE 3.  EFFECTIVE DATE AND TRANSITION
 91-3          SECTION 3.01.  This Act takes effect September 1, 2001.
 91-4          SECTION 3.02.  The change in law made by this Act applies to
 91-5    a motion or other request for relief made in a parentage or
 91-6    paternity proceeding that is commenced on or after the effective
 91-7    date of this Act.  A motion or request for relief in a parentage or
 91-8    paternity proceeding commenced before the effective date of this
 91-9    Act is governed by the law in effect at the time the proceeding was
91-10    commenced, and the former law is continued in effect for that
91-11    purpose.