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.