1-1     By:  Goodman (Senate Sponsor - West)                   H.B. No. 920
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the adoption of the Uniform Parentage Act; providing
 1-9     penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11                      ARTICLE 1.  UNIFORM PARENTAGE ACT
1-12           SECTION 1.01. Chapter 160, Family Code, is amended to read as
1-13     follows:
1-14           CHAPTER 160.  UNIFORM [DETERMINATION OF] PARENTAGE ACT
1-15      SUBCHAPTER A.  APPLICATION AND CONSTRUCTION [GENERAL PROVISIONS]
1-16           Sec. 160.001.  APPLICATION AND CONSTRUCTION. This chapter
1-17     shall be applied and construed to promote the uniformity of the law
1-18     among the states that enact the Uniform Parentage Act.
1-19           Sec. 160.002.  CONFLICTS BETWEEN PROVISIONS. If a provision
1-20     of this chapter conflicts with another provision of this title or
1-21     another state statute or rule and the conflict cannot be
1-22     reconciled, this chapter prevails.
1-23              (Sections 160.003-160.100 reserved for expansion
1-24                      SUBCHAPTER B.  GENERAL PROVISIONS
1-25           Sec. 160.101.  SHORT TITLE. This chapter may be cited as the
1-26     Uniform Parentage Act.
1-27           Sec. 160.102.  DEFINITIONS. In this chapter:
1-28                 (1)  "Adjudicated father" means a man who has been
1-29     adjudicated by a court to be the father of a child.
1-30                 (2)  "Assisted reproduction" means a method of causing
1-31     pregnancy other than sexual intercourse.  The term includes:
1-32                       (A)  intrauterine insemination;
1-33                       (B)  donation of eggs;
1-34                       (C)  donation of embryos;
1-35                       (D)  in vitro fertilization and transfer of
1-36     embryos; and
1-37                       (E)  intracytoplasmic sperm injection.
1-38                 (3)  "Child" means an individual of any age whose
1-39     parentage may be determined under this chapter.
1-40                 (4)  "Commence" means to file the initial pleading
1-41     seeking an adjudication of parentage in a court of this state.
1-42                 (5)  "Determination of parentage" means the
1-43     establishment of the parent-child relationship by the signing of a
1-44     valid acknowledgment of paternity under Subchapter D or by an
1-45     adjudication by a court.
1-46                 (6)  "Donor" means an individual who produces eggs or
1-47     sperm used for assisted reproduction, regardless of whether the
1-48     production is for consideration.  The term does not include:
1-49                       (A)  a husband who provides sperm or a wife who
1-50     provides eggs to be used for assisted reproduction by the wife; or
1-51                       (B)  a woman who gives birth to a child by means
1-52     of assisted reproduction.
1-53                 (7)  "Ethnic or racial group" means, for purposes of
1-54     genetic testing, a recognized group that an individual identifies
1-55     as all or part of the individual's ancestry or that is identified
1-56     by other information.
1-57                 (8)  "Genetic testing" means an analysis of an
1-58     individual's genetic markers to exclude or identify a man as the
1-59     father of a child or a woman as the mother of a child.  The term
1-60     includes an analysis of one or more of the following:
1-61                       (A)  deoxyribonucleic acid; and
1-62                       (B)  blood-group antigens, red-cell antigens,
1-63     human-leukocyte antigens, serum enzymes, serum proteins, or
1-64     red-cell enzymes.
 2-1                 (9)  "Intended parents" means individuals who enter
 2-2     into an agreement providing that the individuals will be the
 2-3     parents of a child born to a gestational mother by means of
 2-4     assisted reproduction, regardless of whether either individual has
 2-5     a genetic relationship with the child.
 2-6                 (10)  "Man" means a male individual of any age.
 2-7                 (11)  "Parent" means an individual who has established
 2-8     a parent-child relationship under Section 160.201.
 2-9                 (12)  "Paternity index" means the likelihood of
2-10     paternity determined by calculating the ratio between:
2-11                       (A)  the likelihood that the tested man is the
2-12     father of the child, based on the genetic markers of the tested
2-13     man, the mother of the child, and the child, conditioned on the
2-14     hypothesis that the tested man is the father of the child; and
2-15                       (B)  the likelihood that the tested man is not
2-16     the father of the child, based on the genetic markers of the tested
2-17     man, the mother of the child, and the child, conditioned on the
2-18     hypothesis that the tested man is not the father of the child and
2-19     that the father of the child is of the same ethnic or racial group
2-20     as the tested man.
2-21                 (13)  "Presumed father" means a man who, by operation
2-22     of law under Section 160.204, is recognized as the father of a
2-23     child until that status is rebutted or confirmed in a judicial
2-24     proceeding.
2-25                 (14)  "Probability of paternity" means the probability,
2-26     with respect to the ethnic or racial group to which the alleged
2-27     father belongs, that the alleged father is the father of the child,
2-28     compared to a random, unrelated man of the same ethnic or racial
2-29     group, expressed as a percentage incorporating the paternity index
2-30     and a prior probability.
2-31                 (15)  "Record" means information that is inscribed on a
2-32     tangible medium or that is stored in an electronic or other medium
2-33     and is retrievable in a perceivable form.
2-34                 (16)  "Signatory" means an individual who authenticates
2-35     a record and is bound by its terms.
2-36                 (17)  "Support enforcement agency" means a public
2-37     official or public agency authorized to seek:
2-38                       (A)  the enforcement of child support orders or
2-39     laws relating to the duty of support;
2-40                       (B)  the establishment or modification of child
2-41     support;
2-42                       (C)  the determination of parentage;
2-43                       (D)  the location of child-support obligors and
2-44     their income and assets; or
2-45                       (E)  the conservatorship of a child or the
2-46     termination of parental rights.
2-47           Sec. 160.103.  SCOPE OF CHAPTER; CHOICE OF LAW. (a)  This
2-48     chapter governs every determination of parentage in this state.
2-49           (b)  The court shall apply the law of this state to
2-50     adjudicate the parent-child relationship. The applicable law does
2-51     not depend on:
2-52                 (1)  the place of birth of the child; or
2-53                 (2)  the past or present residence of the child.
2-54           (c)  This chapter does not create, enlarge, or diminish
2-55     parental rights or duties under another law of this state.
2-56           (d)  This chapter does not authorize or prohibit an agreement
2-57     between a woman and the intended parents of a child in which the
2-58     woman relinquishes all rights as a parent of a child conceived by
2-59     means of assisted reproduction and which provides that the intended
2-60     parents become the parents of the child.  If a birth results under
2-61     a gestational agreement that is unenforceable under the law of this
2-62     state, the parent-child relationship is determined as provided by
2-63     Subchapter C.
2-64           Sec. 160.104.  AUTHORIZED COURTS. The following courts are
2-65     authorized to adjudicate parentage under this chapter:
2-66                 (1)  a court with jurisdiction to hear a suit affecting
2-67     the parent-child relationship under this title; or
2-68                 (2)  a court with jurisdiction to adjudicate parentage
2-69     under another law of this state.
 3-1           Sec. 160.105.  PROTECTION OF PARTICIPANTS. A proceeding under
 3-2     this chapter is subject to the other laws of this state governing
 3-3     the health, safety, privacy, and liberty of a child or any other
 3-4     individual who may be jeopardized by the disclosure of identifying
 3-5     information, including the person's address, telephone number,
 3-6     place of employment, and social security number and the name of the
 3-7     child's day-care facility and school.
 3-8           Sec. 160.106.  DETERMINATION OF MATERNITY. The provisions of
 3-9     this chapter relating to the determination of paternity apply to a
3-10     determination of maternity.
3-11              (Sections 160.107-160.200 reserved for expansion
3-12                  SUBCHAPTER C.  PARENT-CHILD RELATIONSHIP
3-13           Sec. 160.201.  ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
3-14     (a)  The mother-child relationship is established between a woman
3-15     and a child by:
3-16                 (1)  the woman giving birth to the child;
3-17                 (2)  an adjudication of the woman's maternity; or
3-18                 (3)  the adoption of the child by the woman.
3-19           (b)  The father-child relationship is established between a
3-20     man and a child by:
3-21                 (1)  an unrebutted presumption of the man's paternity
3-22     of the child under Section 160.204;
3-23                 (2)  an effective acknowledgment of paternity by the
3-24     man under Subchapter D, unless the acknowledgment has been
3-25     rescinded or successfully challenged;
3-26                 (3)  an adjudication of the man's paternity;
3-27                 (4)  the adoption of the child by the man; or
3-28                 (5)  the man's consenting to assisted reproduction by
3-29     his wife under Subchapter H, which resulted in the birth of the
3-30     child.
3-31           Sec. 160.202.  NO DISCRIMINATION BASED ON MARITAL STATUS. A
3-32     child born to parents who are not married to each other has the
3-33     same rights under the law as a child born to parents who are
3-34     married to each other.
3-35           Sec. 160.203.  CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE.
3-36     Unless parental rights are terminated, a parent-child relationship
3-37     established under this chapter applies for all purposes, except as
3-38     otherwise provided by another law of this state.
3-39           Sec. 160.204.  PRESUMPTION OF PATERNITY IN CONTEXT OF
3-40     MARRIAGE. (a)  A man is presumed to be the father of a child if:
3-41                 (1)  he is married to the mother of the child and the
3-42     child is born during the marriage;
3-43                 (2)  he is married to the mother of the child and the
3-44     child is born before the 301st day after the date the marriage is
3-45     terminated by death, annulment, declaration of invalidity, or
3-46     divorce;
3-47                 (3)  he married the mother of the child before the
3-48     birth of the child in apparent compliance with law, even if the
3-49     attempted marriage is or could be declared invalid, and the child
3-50     is born during the invalid marriage or before the 301st day after
3-51     the date the marriage is terminated by death, annulment,
3-52     declaration of invalidity, or divorce; or
3-53                 (4)  he married the mother of the child after the birth
3-54     of the child in apparent compliance with law, regardless of whether
3-55     the marriage is or could be declared invalid, he voluntarily
3-56     asserted his paternity of the child, and:
3-57                       (A)  the assertion is in a record filed with the
3-58     bureau of vital statistics;
3-59                       (B)  he is voluntarily named as the child's
3-60     father on the child's birth certificate; or
3-61                       (C)  he promised in a record to support the child
3-62     as his own.
3-63           (b)  A presumption of paternity established under this
3-64     section may be rebutted only by an adjudication under Subchapter G.
3-65              (Sections 160.205-160.300 reserved for expansion
3-66            SUBCHAPTER D.  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
3-67           Sec. 160.301.  ACKNOWLEDGMENT OF PATERNITY. The mother of a
3-68     child and a man claiming to be the father of the child conceived as
3-69     the result of sexual intercourse with the mother may sign an
 4-1     acknowledgment of paternity with the intent to establish the man's
 4-2     paternity.
 4-3           Sec. 160.302.  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
 4-4     An acknowledgment of paternity must:
 4-5                 (1)  be in a record;
 4-6                 (2)  be signed, or otherwise authenticated, under
 4-7     penalty of perjury by the mother and the man seeking to establish
 4-8     paternity;
 4-9                 (3)  state that the child whose paternity is being
4-10     acknowledged:
4-11                       (A)  does not have a presumed father or has a
4-12     presumed father whose full name is stated; and
4-13                       (B)  does not have another acknowledged or
4-14     adjudicated father;
4-15                 (4)  state whether there has been genetic testing and,
4-16     if so, that the acknowledging man's claim of paternity is
4-17     consistent with the results of the testing; and
4-18                 (5)  state that the signatories understand that the
4-19     acknowledgment is the equivalent of a judicial adjudication of the
4-20     paternity of the child and that a challenge to the acknowledgment
4-21     is permitted only under limited circumstances and is barred after
4-22     four years.
4-23           (b)  An acknowledgment of paternity is void if it:
4-24                 (1)  states that another man is a presumed father of
4-25     the child, unless a denial of paternity signed or otherwise
4-26     authenticated by the presumed father is filed with the bureau of
4-27     vital statistics;
4-28                 (2)  states that another man is an acknowledged or
4-29     adjudicated father of the child; or
4-30                 (3)  falsely denies the existence of a presumed,
4-31     acknowledged, or adjudicated father of the child.
4-32           (c)  A presumed father may sign or otherwise authenticate an
4-33     acknowledgment of paternity.
4-34           Sec. 160.303.  DENIAL OF PATERNITY. A presumed father of a
4-35     child may sign a denial of his paternity.  The denial is valid only
4-36     if:
4-37                 (1)  an acknowledgment of paternity signed or otherwise
4-38     authenticated by another man is filed under Section 160.305;
4-39                 (2)  the denial is in a record and is signed or
4-40     otherwise authenticated under penalty of perjury; and
4-41                 (3)  the presumed father has not previously:
4-42                       (A)  acknowledged paternity of the child, unless
4-43     the previous acknowledgment has been rescinded under Section
4-44     160.307 or successfully challenged under Section 160.308; or
4-45                       (B)  been adjudicated to be the father of the
4-46     child.
4-47           Sec. 160.304.  RULES FOR ACKNOWLEDGMENT AND DENIAL OF
4-48     PATERNITY. (a)  An acknowledgment of paternity and a denial of
4-49     paternity may be contained in a single document or in different
4-50     documents and may be filed separately or simultaneously. If the
4-51     acknowledgment and denial are both necessary, neither document is
4-52     valid until both documents are filed.
4-53           (b)  An acknowledgment of paternity or a denial of paternity
4-54     may be signed before the birth of the child.
4-55           (c)  Subject to Subsection (a), an acknowledgment of
4-56     paternity or denial of paternity takes effect on the date of the
4-57     birth of the child or the filing of the document with the bureau of
4-58     vital statistics, whichever occurs later.
4-59           (d)  An acknowledgment of paternity or denial of paternity
4-60     signed by a minor is valid if it otherwise complies with this
4-61     chapter.
4-62           Sec. 160.305.  EFFECT OF ACKNOWLEDGMENT OR DENIAL OF
4-63     PATERNITY. (a)  Except as provided by Sections 160.307 and 160.308,
4-64     a valid acknowledgment of paternity filed with the bureau of vital
4-65     statistics is the equivalent of an adjudication of the paternity of
4-66     a child and confers on the acknowledged father all rights and
4-67     duties of a parent.
4-68           (b)  Except as provided by Sections 160.307 and 160.308, a
4-69     valid denial of paternity filed with the bureau of vital statistics
 5-1     in conjunction with a valid acknowledgment of paternity is the
 5-2     equivalent of an adjudication of the nonpaternity of the presumed
 5-3     father and discharges the presumed father from all rights and
 5-4     duties of a parent.
 5-5           Sec. 160.306.  FILING FEE NOT REQUIRED. The bureau of vital
 5-6     statistics may not charge a fee for filing an acknowledgment of
 5-7     paternity or denial of paternity.
 5-8           Sec. 160.307.  PROCEEDING FOR RESCISSION. A signatory may
 5-9     rescind an acknowledgment of paternity or denial of paternity by
5-10     commencing a proceeding to rescind before the earlier of:
5-11                 (1)  the 60th day after the effective date of the
5-12     acknowledgment or denial, as provided by Section 160.304; or
5-13                 (2)  the date of the first hearing in a proceeding to
5-14     which the signatory is a party before a court to adjudicate an
5-15     issue relating to the child, including a proceeding that
5-16     establishes child support.
5-17           Sec. 160.308.  CHALLENGE AFTER EXPIRATION OF PERIOD FOR
5-18     RESCISSION. (a)  After the period for rescission under Section
5-19     160.307 has expired, a signatory of an acknowledgment of paternity
5-20     or denial of paternity may commence a proceeding to challenge the
5-21     acknowledgment or denial only on the basis of fraud, duress, or
5-22     material mistake of fact.  The proceeding must be commenced before
5-23     the fourth anniversary of the date the acknowledgment or denial is
5-24     filed with the bureau of vital statistics.
5-25           (b)  A party challenging an acknowledgment of paternity or
5-26     denial of paternity has the burden of proof.
5-27           (c)  Notwithstanding any other provision of this chapter, a
5-28     collateral attack on an acknowledgment of paternity signed under
5-29     this chapter may not be maintained after the fourth anniversary of
5-30     the date the acknowledgment of paternity is filed with the bureau
5-31     of vital statistics.
5-32           Sec. 160.309.  PROCEDURE FOR RESCISSION OR CHALLENGE. (a)
5-33     Each signatory to an acknowledgment of paternity and any related
5-34     denial of paternity must be made a party to a proceeding to rescind
5-35     or challenge the acknowledgment or denial of paternity.
5-36           (b)  For purposes of the rescission of or a challenge to an
5-37     acknowledgment of paternity or denial of paternity, a signatory
5-38     submits to the personal jurisdiction of this state by signing the
5-39     acknowledgment or denial.  The jurisdiction is effective on the
5-40     filing of the document with the bureau of vital statistics.
5-41           (c)  Except for good cause shown, while a proceeding is
5-42     pending to rescind or challenge an acknowledgment of paternity or a
5-43     denial of paternity, the court may not suspend the legal
5-44     responsibilities of a signatory arising from the acknowledgment,
5-45     including the duty to pay child support.
5-46           (d)  A proceeding to rescind or to challenge an
5-47     acknowledgment of paternity or a denial of paternity shall be
5-48     conducted in the same manner as a proceeding to adjudicate
5-49     parentage under Subchapter G.
5-50           (e)  At the conclusion of a proceeding to rescind or
5-51     challenge an acknowledgment of paternity or a denial of paternity,
5-52     the court shall order the bureau of vital statistics to amend the
5-53     birth record of the child, if appropriate.
5-54           Sec. 160.310.  RATIFICATION BARRED. A court or administrative
5-55     agency conducting a judicial or administrative proceeding may not
5-56     ratify an unchallenged acknowledgment of paternity.
5-57           Sec. 160.311.  FULL FAITH AND CREDIT.  A court of this state
5-58     shall give full faith and credit to an acknowledgment of paternity
5-59     or a denial of paternity that is effective in another state if the
5-60     acknowledgment or denial has been signed and is otherwise in
5-61     compliance with the law of the other state.
5-62           Sec. 160.312.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
5-63     PATERNITY. (a)  To facilitate compliance with this subchapter, the
5-64     bureau of vital statistics shall prescribe forms for the
5-65     acknowledgment of paternity and the denial of paternity.
5-66           (b)  A valid acknowledgment of paternity or denial of
5-67     paternity is not affected by a later modification of the prescribed
5-68     form.
5-69           Sec. 160.313.  RELEASE OF INFORMATION.  The bureau of vital
 6-1     statistics may release information relating to the acknowledgment
 6-2     of paternity or denial of paternity to a signatory of the
 6-3     acknowledgment or denial and to the courts and Title IV-D agency of
 6-4     this or another state.
 6-5           Sec. 160.314.  ADOPTION OF RULES. The Title IV-D agency and
 6-6     the bureau of vital statistics may adopt rules to implement this
 6-7     subchapter.
 6-8           Sec. 160.315.  MEMORANDUM OF UNDERSTANDING. (a)  The Title
 6-9     IV-D agency and the bureau of vital statistics shall adopt a
6-10     memorandum of understanding governing the collection and transfer
6-11     of information for the voluntary acknowledgment of paternity.
6-12           (b)  The Title IV-D agency and the bureau of vital statistics
6-13     shall review the memorandum semiannually and renew or modify the
6-14     memorandum as necessary.
6-15              (Sections 160.316-160.400 reserved for expansion
6-16                    SUBCHAPTER E.  REGISTRY OF PATERNITY
6-17           Sec. 160.401.  ESTABLISHMENT OF REGISTRY.  A registry of
6-18     paternity is established in the bureau of vital statistics.
6-19           Sec. 160.402.  REGISTRATION FOR NOTIFICATION. (a)  Except as
6-20     otherwise provided by Subsection (b), a man who desires to be
6-21     notified of a proceeding for the adoption of or the termination of
6-22     parental rights regarding a child that he may have fathered may
6-23     register with the registry of paternity:
6-24                 (1)  before the birth of the child; or
6-25                 (2)  not later than the 31st day after the date of the
6-26     birth of the child.
6-27           (b)  A man is entitled to notice of a proceeding described by
6-28     Subsection (a) regardless of whether he registers with the registry
6-29     of paternity if:
6-30                 (1)  a father-child relationship between the man and
6-31     the child has been established under this chapter or another law;
6-32     or
6-33                 (2)  the man commences a proceeding to adjudicate his
6-34     paternity before the court has terminated his parental rights.
6-35           (c)  A registrant shall promptly notify the registry in a
6-36     record of any change in the information provided by the registrant.
6-37     The bureau of vital statistics shall incorporate all new
6-38     information received into its records but is not required to
6-39     affirmatively seek to obtain current information for incorporation
6-40     in the registry.
6-41           Sec. 160.403.  NOTICE OF PROCEEDING. Notice of a proceeding
6-42     to adopt or to terminate parental rights regarding a child must be
6-43     given to a registrant who has timely registered with regard to that
6-44     child. Notice must be given in a manner prescribed for service of
6-45     process in a civil action.
6-46           Sec. 160.404.  TERMINATION OF PARENTAL RIGHTS:  FAILURE TO
6-47     REGISTER. The parental rights of a man alleged to be the father of
6-48     a child may be terminated without notice as provided by Section
6-49     161.002 if the man:
6-50                 (1)  did not timely register with the bureau of vital
6-51     statistics; and
6-52                 (2)  is not entitled to notice under Section 160.402 or
6-53     161.002.
6-54              (Sections 160.405-160.410 reserved for expansion
6-55           Sec. 160.411.  REQUIRED FORM. The bureau of vital statistics
6-56     shall adopt a form for registering with the registry.  The form
6-57     must require the signature of the registrant.  The form must state
6-58     that:
6-59                 (1)  the form is signed under penalty of perjury;
6-60                 (2)  a timely registration entitles the registrant to
6-61     notice of a proceeding for adoption of the child or for termination
6-62     of the registrant's parental rights;
6-63                 (3)  a timely registration does not commence a
6-64     proceeding to establish paternity;
6-65                 (4)  the information disclosed on the form may be used
6-66     against the registrant to establish paternity;
6-67                 (5)  services to assist in establishing paternity are
6-68     available to the registrant through the support enforcement agency;
6-69                 (6)  the registrant should also register in another
 7-1     state if the conception or birth of the child occurred in the other
 7-2     state;
 7-3                 (7)  information on registries in other states is
 7-4     available from the bureau of vital statistics; and
 7-5                 (8)  procedures exist to rescind the registration of a
 7-6     claim of paternity.
 7-7           Sec. 160.412.  FURNISHING OF INFORMATION; CONFIDENTIALITY.
 7-8     (a)  The bureau of vital statistics is not required to attempt to
 7-9     locate the mother of a child who is the subject of a registration.
7-10     The bureau of vital statistics shall send a copy of the notice of
7-11     the registration to a mother who has provided an address.
7-12           (b)  Information contained in the registry is confidential
7-13     and may be released on request only to:
7-14                 (1)  a court or a person designated by the court;
7-15                 (2)  the mother of the child who is the subject of the
7-16     registration;
7-17                 (3)  an agency authorized by another law to receive the
7-18     information;
7-19                 (4)  a licensed child-placing agency;
7-20                 (5)  a support enforcement agency;
7-21                 (6)  a party, or the party's attorney of record, to a
7-22     proceeding under this chapter or a proceeding to adopt or to
7-23     terminate parental rights regarding a child who is the subject of
7-24     the registration; and
7-25                 (7)  the registry of paternity in another state.
7-26           Sec. 160.413.  OFFENSE: UNAUTHORIZED RELEASE OF INFORMATION.
7-27     (a)  A person commits an offense if the person intentionally
7-28     releases information from the registry of paternity to another
7-29     person, including an agency, that is not authorized to receive the
7-30     information under Section 160.412.
7-31           (b)  An offense under this section is a Class A misdemeanor.
7-32           Sec. 160.414.  RESCISSION OF REGISTRATION. A registrant may
7-33     rescind his registration at any time by sending to the registry a
7-34     rescission in a record or another manner authenticated by him and
7-35     witnessed or notarized.
7-36           Sec. 160.415.  UNTIMELY REGISTRATION. If a man registers
7-37     later than the 30th day after the date of the birth of the child,
7-38     the bureau of vital statistics shall notify the registrant that the
7-39     registration was not timely filed.
7-40           Sec. 160.416.  FEES FOR REGISTRY. (a)  A fee may not be
7-41     charged for filing a registration or to rescind a registration.
7-42           (b)  Except as otherwise provided by Subsection (c), the
7-43     bureau of vital statistics may charge a reasonable fee for making a
7-44     search of the registry and for furnishing a certificate.
7-45           (c)  A support enforcement agency is not required to pay a
7-46     fee authorized by Subsection (b).
7-47              (Sections 160.417-160.420 reserved for expansion
7-48           Sec. 160.421.  SEARCH OF APPROPRIATE REGISTRY. (a)  If a
7-49     father-child relationship has not been established under this
7-50     chapter, a petitioner for the adoption of or the termination of
7-51     parental rights regarding the child must obtain a certificate of
7-52     the results of a search of the registry.
7-53           (b)  If the petitioner for the adoption of or the termination
7-54     of parental rights regarding a child has reason to believe that the
7-55     conception or birth of the child may have occurred in another
7-56     state, the petitioner must obtain a certificate of the results of a
7-57     search of the paternity registry, if any, in the other state.
7-58           Sec. 160.422.  CERTIFICATE OF SEARCH OF REGISTRY. (a)  The
7-59     bureau of vital statistics shall furnish a certificate of the
7-60     results of a search of the registry on request by an individual, a
7-61     court, or an agency listed in Section 160.412(b).
7-62           (b)  The certificate of the results of a search must be
7-63     signed on behalf of the bureau and state that:
7-64                 (1)  a search has been made of the registry; and
7-65                 (2)  a registration containing the information required
7-66     to identify the registrant:
7-67                       (A)  has been found and is attached to the
7-68     certificate; or
7-69                       (B)  has not been found.
 8-1           (c)  A petitioner must file the certificate of the results of
 8-2     a search of the registry with the court before a proceeding for the
 8-3     adoption of or termination of parental rights regarding a child may
 8-4     be concluded.
 8-5           Sec. 160.423.  ADMISSIBILITY OF CERTIFICATE. A certificate of
 8-6     the results of a search of the registry in this state or of a
 8-7     paternity registry in another state is admissible in a proceeding
 8-8     for the adoption of or the termination of parental rights regarding
 8-9     a child and, if relevant, in other legal proceedings.
8-10              (Sections 160.424-160.500 reserved for expansion
8-11                       SUBCHAPTER F.  GENETIC TESTING
8-12           Sec. 160.501.  APPLICATION OF SUBCHAPTER.  This subchapter
8-13     governs genetic testing of an individual to determine parentage,
8-14     regardless of whether the individual:
8-15                 (1)  voluntarily submits to testing; or
8-16                 (2)  is tested under an order of a court or a support
8-17     enforcement agency.
8-18           Sec. 160.502.  ORDER FOR TESTING. (a)  Except as otherwise
8-19     provided by this subchapter and by Subchapter G, a court shall
8-20     order a child and other designated individuals to submit to genetic
8-21     testing if the request is made by a party to a proceeding to
8-22     determine parentage.
8-23           (b)  If a request for genetic testing of a child is made
8-24     before the birth of the child, the court or support enforcement
8-25     agency may not order in utero testing.
8-26           (c)  If two or more men are subject to court-ordered genetic
8-27     testing, the testing may be ordered concurrently or sequentially.
8-28           Sec. 160.503.  REQUIREMENTS FOR GENETIC TESTING. (a) Genetic
8-29     testing must be of a type reasonably relied on by experts in the
8-30     field of genetic testing.  The testing must be performed in a
8-31     testing laboratory accredited by:
8-32                 (1)  the American Association of Blood Banks, or a
8-33     successor to its functions;
8-34                 (2)  the American Society for Histocompatibility and
8-35     Immunogenetics, or a successor to its functions; or
8-36                 (3)  an accrediting body designated by the federal
8-37     secretary of health and human services.
8-38           (b)  A specimen used in genetic testing may consist of one or
8-39     more samples, or a combination of samples, of blood, buccal cells,
8-40     bone, hair, or other body tissue or fluid.  The specimen used in
8-41     the testing is not required to be of the same kind for each
8-42     individual undergoing genetic testing.
8-43           (c)  Based on the ethnic or racial group of an individual,
8-44     the testing laboratory shall determine the databases from which to
8-45     select frequencies for use in the calculation of the probability of
8-46     paternity of the individual.  If there is disagreement as to the
8-47     testing laboratory's choice:
8-48                 (1)  the objecting individual may require the testing
8-49     laboratory, not later than the 30th day after the date of receipt
8-50     of the report of the test, to recalculate the probability of
8-51     paternity using an ethnic or racial group different from that used
8-52     by the laboratory;
8-53                 (2)  the individual objecting to the testing
8-54     laboratory's initial choice shall:
8-55                       (A)  if the frequencies are not available to the
8-56     testing laboratory for the ethnic or racial group requested,
8-57     provide the requested frequencies compiled in a manner recognized
8-58     by accrediting bodies; or
8-59                       (B)  engage another testing laboratory to perform
8-60     the calculations; and
8-61                 (3)  the testing laboratory may use its own statistical
8-62     estimate if there is a question regarding which ethnic or racial
8-63     group is appropriate and, if available, shall calculate the
8-64     frequencies using statistics for any other ethnic or racial group
8-65     requested.
8-66           (d)  If, after recalculation using a different ethnic or
8-67     racial group, genetic testing does not rebuttably identify a man as
8-68     the father of a child under Section 160.505, an individual who has
8-69     been tested may be required to submit to additional genetic
 9-1     testing.
 9-2           Sec. 160.504.  REPORT OF GENETIC TESTING. (a)  A report of
 9-3     the results of genetic testing must be in a record and signed under
 9-4     penalty of perjury by a designee of the testing laboratory. A
 9-5     report made under the requirements of this subchapter is
 9-6     self-authenticating.
 9-7           (b)  Documentation from the testing laboratory is sufficient
 9-8     to establish a reliable chain of custody that allows the results of
 9-9     genetic testing to be admissible without testimony if the
9-10     documentation includes:
9-11                 (1)  the name and photograph of each individual whose
9-12     specimens have been taken;
9-13                 (2)  the name of each individual who collected the
9-14     specimens;
9-15                 (3)  the places in which the specimens were collected
9-16     and the date of each collection;
9-17                 (4)  the name of each individual who received the
9-18     specimens in the testing laboratory; and
9-19                 (5)  the dates the specimens were received.
9-20           Sec. 160.505.  GENETIC TESTING RESULTS; REBUTTAL. (a)  A man
9-21     is rebuttably identified as the father of a child under this
9-22     chapter if the genetic testing complies with this subchapter and
9-23     the results disclose:
9-24                 (1)  that the man has at least a 99 percent probability
9-25     of paternity, using a prior probability of 0.5, as calculated by
9-26     using the combined paternity index obtained in the testing; and
9-27                 (2)  a combined paternity index of at least 100 to 1.
9-28           (b)  A man identified as the father of a child under
9-29     Subsection (a)  may rebut the genetic testing results only by
9-30     producing other genetic testing satisfying the requirements of this
9-31     subchapter that:
9-32                 (1)  excludes the man as a genetic father of the child;
9-33     or
9-34                 (2)  identifies another man as the possible father of
9-35     the child.
9-36           (c)  Except as otherwise provided by Section 160.510, if more
9-37     than one man is identified by genetic testing as the possible
9-38     father of the child, the court shall order each man to submit to
9-39     further genetic testing to identify the genetic father.
9-40           Sec. 160.506.  COSTS OF GENETIC TESTING. (a)  Subject to the
9-41     assessment of costs under Subchapter G, the cost of initial genetic
9-42     testing must be advanced:
9-43                 (1)  by a support enforcement agency, if the agency is
9-44     providing services in the proceeding;
9-45                 (2)  by the individual who made the request;
9-46                 (3)  as agreed by the parties; or
9-47                 (4)  as ordered by the court.
9-48           (b)  In cases in which the cost of genetic testing is
9-49     advanced by the support enforcement agency, the agency may seek
9-50     reimbursement from a man who is rebuttably identified as the
9-51     father.
9-52           Sec. 160.507.  ADDITIONAL GENETIC TESTING. The court or the
9-53     support enforcement agency shall order additional genetic testing
9-54     on the request of a party who contests the result of the original
9-55     testing. If the previous genetic testing identified a man as the
9-56     father of the child under Section 160.505, the court or agency may
9-57     not order additional testing unless the party provides advance
9-58     payment for the testing.
9-59           Sec. 160.508.  GENETIC TESTING WHEN ALL INDIVIDUALS NOT
9-60     AVAILABLE. (a)  Subject to Subsection (b), if a genetic testing
9-61     specimen for good cause and under circumstances the court considers
9-62     to be just is not available from a man who may be the father of a
9-63     child, a court may order the following individuals to submit
9-64     specimens for genetic testing:
9-65                 (1)  the parents of the man;
9-66                 (2)  any brothers or sisters of the man;
9-67                 (3)  any other children of the man and their mothers;
9-68     and
9-69                 (4)  other relatives of the man necessary to complete
 10-1    genetic testing.
 10-2          (b)  A court may not render an order under this section
 10-3    unless the court finds that the need for genetic testing outweighs
 10-4    the legitimate interests of the individual sought to be tested.
 10-5          Sec. 160.509.  DECEASED INDIVIDUAL. For good cause shown, the
 10-6    court may order genetic testing of a deceased individual.
 10-7          Sec. 160.510.  IDENTICAL BROTHERS. (a)  The court may order
 10-8    genetic testing of a brother of a man identified as the father of a
 10-9    child if the man is commonly believed to have an identical brother
10-10    and evidence suggests that the brother may be the genetic father of
10-11    the child.
10-12          (b)  If each brother satisfies the requirements of Section
10-13    160.505 for being the identified father of the child and there is
10-14    not another identical brother being identified as the father of the
10-15    child, the court may rely on nongenetic evidence to adjudicate
10-16    which brother is the father of the child.
10-17          Sec. 160.511.  OFFENSE: UNAUTHORIZED RELEASE OF SPECIMEN. (a)
10-18    A person commits an offense if the person intentionally releases an
10-19    identifiable specimen of another person for any purpose not
10-20    relevant to the parentage proceeding and without a court order or
10-21    the written permission of the person who furnished the specimen.
10-22          (b)  An offense under this section is a Class A misdemeanor.
10-23             (Sections 160.512-160.600 reserved for expansion
10-24             SUBCHAPTER G.  PROCEEDING TO ADJUDICATE PARENTAGE
10-25          Sec. 160.601.  PROCEEDING AUTHORIZED;  RULES OF PROCEDURE.
10-26    (a)  A civil proceeding may be maintained to adjudicate the
10-27    parentage of a child.
10-28          (b)  The proceeding is governed by the Texas Rules of Civil
10-29    Procedure.
10-30          Sec. 160.602.  STANDING TO MAINTAIN PROCEEDING. Subject to
10-31    Subchapter D and Sections 160.607 and 160.609, a proceeding to
10-32    adjudicate parentage may be maintained by:
10-33                (1)  the child;
10-34                (2)  the mother of the child;
10-35                (3)  a man whose paternity of the child is to be
10-36    adjudicated;
10-37                (4)  the support enforcement agency or another
10-38    government agency authorized by other law;
10-39                (5)  an authorized adoption agency or licensed
10-40    child-placing agency;
10-41                (6)  a representative authorized by law to act for an
10-42    individual who would otherwise be entitled to maintain a proceeding
10-43    but who is deceased, is incapacitated, or is a minor; or
10-44                (7)  a person related within the second degree by
10-45    consanguinity to the mother of the child, if the mother is
10-46    deceased.
10-47          Sec. 160.603.  NECESSARY PARTIES TO PROCEEDING. The following
10-48    individuals must be joined as parties in a proceeding to adjudicate
10-49    parentage:
10-50                (1)  the mother of the child; and
10-51                (2)  a man whose paternity of the child is to be
10-52    adjudicated.
10-53          Sec. 160.604.  PERSONAL JURISDICTION. (a)  An individual may
10-54    not be adjudicated to be a parent unless the court has personal
10-55    jurisdiction over the individual.
10-56          (b)  A court of this state having jurisdiction to adjudicate
10-57    parentage may exercise personal jurisdiction over a nonresident
10-58    individual or the guardian or conservator of the individual if the
10-59    conditions in Section 159.201 are satisfied.
10-60          (c)  Lack of jurisdiction over one individual does not
10-61    preclude the court from making an adjudication of parentage binding
10-62    on another individual over whom the court has personal
10-63    jurisdiction.
10-64          Sec. 160.605.  VENUE. Venue for a proceeding to adjudicate
10-65    parentage is in the county of this state in which:
10-66                (1)  the child resides or is found;
10-67                (2)  the respondent resides or is found if the child
10-68    does not reside in this state; or
10-69                (3)  a proceeding for probate or administration of the
 11-1    presumed or alleged father's estate has been commenced.
 11-2          Sec. 160.606.  NO TIME LIMITATION:  CHILD HAVING NO PRESUMED,
 11-3    ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate the
 11-4    parentage of a child having no presumed, acknowledged, or
 11-5    adjudicated father may be commenced at any time, including after
 11-6    the date:
 11-7                (1)  the child becomes an adult; or
 11-8                (2)  an earlier proceeding to adjudicate paternity has
 11-9    been dismissed based on the application of a statute of limitation
11-10    then in effect.
11-11          Sec. 160.607.  TIME LIMITATION:  CHILD HAVING PRESUMED
11-12    FATHER. (a)  Except as otherwise provided by Subsection (b), a
11-13    proceeding brought by a presumed father, the mother, or another
11-14    individual to adjudicate the parentage of a child having a presumed
11-15    father shall be commenced not later than the fourth anniversary of
11-16    the date of the birth of the child.
11-17          (b)  A proceeding seeking to disprove the father-child
11-18    relationship between a child and the child's presumed father may be
11-19    maintained at any time if the court determines that:
11-20                (1)  the presumed father and the mother of the child
11-21    did not live together or  engage in sexual intercourse with each
11-22    other during the probable time of conception; and
11-23                (2)  the presumed father never openly treated the child
11-24    as his own.
11-25          Sec. 160.608.  AUTHORITY TO DENY MOTION FOR GENETIC TESTING.
11-26    (a)  In a proceeding to adjudicate parentage under circumstances
11-27    described by Section 160.607, a court may deny a motion for an
11-28    order for the genetic testing of the mother, the child, and the
11-29    presumed father if the court determines that:
11-30                (1)  the conduct of the mother or the presumed father
11-31    estops that party from denying parentage; and
11-32                (2)  it would be inequitable to disprove the
11-33    father-child relationship between the child and the presumed
11-34    father.
11-35          (b)  In determining whether to deny a motion for an order for
11-36    genetic testing under this section, the court shall consider the
11-37    best interest of the child, including the following factors:
11-38                (1)  the length of time between the date of the
11-39    proceeding to adjudicate parentage and the date the presumed father
11-40    was placed on notice that he might not be the genetic father;
11-41                (2)  the length of time during which the presumed
11-42    father has assumed the role of father of the child;
11-43                (3)  the facts surrounding the presumed father's
11-44    discovery of his possible nonpaternity;
11-45                (4)  the nature of the relationship between the child
11-46    and the presumed father;
11-47                (5)  the age of the child;
11-48                (6)  any harm that may result to the child if presumed
11-49    paternity is successfully disproved;
11-50                (7)  the nature of the relationship between the child
11-51    and the alleged father;
11-52                (8)  the extent to which the passage of time reduces
11-53    the chances of establishing the paternity of another man and a
11-54    child support obligation in favor of the child; and
11-55                (9)  other factors that may affect the equities arising
11-56    from the disruption of the father-child relationship between the
11-57    child and the presumed father or the chance of other harm to the
11-58    child.
11-59          (c)  In a proceeding involving the application of this
11-60    section, a child who is a minor or is incapacitated must be
11-61    represented by a guardian ad litem.
11-62          (d)  A denial of a motion for an order for genetic testing
11-63    must be based on clear and convincing evidence.
11-64          (e)  If the court denies a motion for an order for genetic
11-65    testing, the court shall issue an order adjudicating the presumed
11-66    father to be the father of the child.
11-67          Sec. 160.609.  TIME  LIMITATION:  CHILD HAVING ACKNOWLEDGED
11-68    OR ADJUDICATED FATHER. (a)  If a child has an acknowledged father,
11-69    a signatory to the acknowledgment or denial of paternity may
 12-1    commence a proceeding seeking to rescind the acknowledgment or
 12-2    denial or to challenge the paternity of the child only within the
 12-3    time allowed under Section 160.307 or 160.308.
 12-4          (b)  If a child has an acknowledged father or an adjudicated
 12-5    father, an individual, other than the child, who is not a signatory
 12-6    to the acknowledgment or a party to the adjudication and who seeks
 12-7    an adjudication of paternity of the child must commence a
 12-8    proceeding not later than the fourth anniversary of the effective
 12-9    date of the acknowledgment or adjudication.
12-10          Sec. 160.610.  JOINDER OF PROCEEDINGS. (a)  Except as
12-11    provided by Subsection (b), a proceeding to adjudicate parentage
12-12    may be joined with a proceeding for adoption, termination of
12-13    parental rights, possession of or access to a child, child support,
12-14    divorce, annulment, or probate or administration of an estate or
12-15    another appropriate proceeding.
12-16          (b)  A respondent may not join a proceeding described by
12-17    Subsection (a) with a proceeding to adjudicate parentage brought
12-18    under Chapter 159.
12-19          Sec. 160.611.  PROCEEDINGS BEFORE BIRTH. (a)  A proceeding to
12-20    determine parentage commenced before the birth of the child may not
12-21    be concluded until after the birth of the child.
12-22          (b)  In a proceeding described by Subsection (a), the
12-23    following actions may be taken before the birth of the child:
12-24                (1)  service of process;
12-25                (2)  discovery; and
12-26                (3)  except as prohibited by Section 160.502,
12-27    collection of specimens for genetic testing.
12-28          Sec. 160.612.  CHILD AS PARTY; REPRESENTATION. (a)  A minor
12-29    child is a permissible party, but is not a necessary party to a
12-30    proceeding under this subchapter.
12-31          (b)  The court shall appoint an attorney ad litem to
12-32    represent a child who is a minor or is incapacitated if the child
12-33    is a party or the court finds that the interests of the child are
12-34    not adequately represented.
12-35             (Sections 160.613-160.620 reserved for expansion
12-36          Sec. 160.621.  ADMISSIBILITY OF RESULTS OF GENETIC TESTING;
12-37    EXPENSES. (a)  Except as otherwise provided by Subsection (c), a
12-38    report of a genetic testing expert is admissible as evidence of the
12-39    truth of the facts asserted in the report.  The admissibility of
12-40    the report is not affected by whether the testing was performed:
12-41                (1)  voluntarily or under an order of the court or a
12-42    support enforcement agency; or
12-43                (2)  before or after the date of commencement of the
12-44    proceeding.
12-45          (b)  A party objecting to the results of genetic testing may
12-46    call one or more genetic testing experts to testify in person or by
12-47    telephone, videoconference, deposition, or another method approved
12-48    by the court.  Unless otherwise ordered by the court, the party
12-49    offering the testimony bears the expense for the expert testifying.
12-50          (c)  If a child has a presumed, acknowledged, or adjudicated
12-51    father, the results of genetic testing are inadmissible to
12-52    adjudicate parentage unless performed:
12-53                (1)  with the consent of both the mother and the
12-54    presumed, acknowledged, or adjudicated father; or
12-55                (2)  under an order of the court under Section 160.502.
12-56          (d)  Copies of bills for genetic testing and for prenatal and
12-57    postnatal health care for the mother and child that are furnished
12-58    to the adverse party on or before the 10th day before the date of a
12-59    hearing are admissible to establish:
12-60                (1)  the amount of the charges billed; and
12-61                (2)  that the charges were reasonable, necessary, and
12-62    customary.
12-63          Sec. 160.622.  CONSEQUENCES OF DECLINING GENETIC TESTING. (a)
12-64    An order for genetic testing is enforceable by contempt.
12-65          (b)  A court may adjudicate parentage contrary to the
12-66    position of an individual whose paternity is being determined on
12-67    the grounds that the individual declines to submit to genetic
12-68    testing as ordered by the court.
12-69          (c)  Genetic testing of the mother of a child is not a
 13-1    prerequisite to testing the child and a man whose paternity is
 13-2    being determined. If the mother is unavailable or declines to
 13-3    submit to genetic testing, the court may order the testing of the
 13-4    child and each man whose paternity is being adjudicated.
 13-5          Sec. 160.623.  ADMISSION OF PATERNITY AUTHORIZED. (a)  A
 13-6    respondent in a proceeding to adjudicate parentage may admit to the
 13-7    paternity of a child by filing a pleading to that effect or by
 13-8    admitting paternity under penalty of perjury when making an
 13-9    appearance or during a hearing.
13-10          (b)  If the court finds that the admission of paternity
13-11    satisfies the requirements of this section and that there is no
13-12    reason to question the admission, the court shall render an order
13-13    adjudicating the child to be the child of the man admitting
13-14    paternity.
13-15          Sec. 160.624.  TEMPORARY ORDER. (a)  In a proceeding under
13-16    this subchapter, the court shall render a temporary order for child
13-17    support for a child if the order is appropriate and the individual
13-18    ordered to pay child support:
13-19                (1)  is a presumed father of the child;
13-20                (2)  is petitioning to have his paternity adjudicated;
13-21                (3)  is identified as the father through genetic
13-22    testing under Section 160.505;
13-23                (4)  is an alleged father who has declined to submit to
13-24    genetic testing;
13-25                (5)  is shown by clear and convincing evidence to be
13-26    the father of the child; or
13-27                (6)  is the mother of the child.
13-28          (b)  A temporary order may include provisions for the
13-29    possession of or access to the child as provided by other laws of
13-30    this state.
13-31             (Sections 160.625-160.630 reserved for expansion
13-32          Sec. 160.631.  RULES FOR ADJUDICATION OF PATERNITY. (a)  The
13-33    court shall apply the rules stated in this section to adjudicate
13-34    the paternity of a child.
13-35          (b)  The paternity of a child having a presumed,
13-36    acknowledged, or adjudicated father may be disproved only by
13-37    admissible results of genetic testing excluding that man as the
13-38    father of the child or identifying another man as the father of the
13-39    child.
13-40          (c)  Unless the results of genetic testing are admitted to
13-41    rebut other results of genetic testing, the man identified as the
13-42    father of a child under Section 160.505 shall be adjudicated as
13-43    being the father of the child.
13-44          (d)  Unless the results of genetic testing are admitted to
13-45    rebut other results of genetic testing, a man excluded as the
13-46    father of a child by genetic testing shall be adjudicated as not
13-47    being the father of the child.
13-48          (e)  If the court finds that genetic testing under Section
13-49    160.505 does not identify or exclude a man as the father of a
13-50    child, the court may not dismiss the proceeding. In that event, the
13-51    results of genetic testing and other evidence are admissible to
13-52    adjudicate the issue of paternity.
13-53          Sec. 160.632.  JURY PROHIBITED. The court shall adjudicate
13-54    paternity of a child without a jury.
13-55          Sec. 160.633.  HEARINGS; INSPECTION OF RECORDS. (a)  On the
13-56    request of a party and for good cause shown, the court may order a
13-57    proceeding under this subchapter closed to the public.
13-58          (b)  A final order in a proceeding under this subchapter is
13-59    available for public inspection.  Other papers and records are
13-60    available only with the consent of the parties or on order of the
13-61    court for good cause.
13-62          Sec. 160.634.  ORDER ON DEFAULT. The court shall issue an
13-63    order adjudicating the paternity of a man who:
13-64                (1)  after service of process, is in default; and
13-65                (2)  is found by the court to be the father of a child.
13-66          Sec. 160.635.  DISMISSAL FOR WANT OF PROSECUTION. The court
13-67    may issue an order dismissing a proceeding commenced under this
13-68    chapter for want of prosecution only without prejudice.  An order
13-69    of dismissal for want of prosecution purportedly with prejudice is
 14-1    void and has only the effect of a dismissal without prejudice.
 14-2          Sec. 160.636.  ORDER ADJUDICATING PARENTAGE; COSTS. (a)  The
 14-3    court shall render an order adjudicating whether a man alleged or
 14-4    claiming to be the father is the parent of the child.
 14-5          (b)  An order adjudicating parentage must identify the child
 14-6    by name and date of birth.
 14-7          (c)  Except as otherwise provided by Subsection (d), the
 14-8    court may assess filing fees, reasonable attorney's fees, fees for
 14-9    genetic testing, other costs, and necessary travel and other
14-10    reasonable expenses incurred in a proceeding under this subchapter.
14-11    Attorney's fees awarded by the court may be paid directly to the
14-12    attorney.  An attorney who is awarded attorney's fees may enforce
14-13    the order in the attorney's own name.
14-14          (d)  The court may not assess fees, costs, or expenses
14-15    against the support enforcement agency of this state or another
14-16    state, except as provided by other law.
14-17          (e)  On request of a party and for good cause shown, the
14-18    court may order that the name of the child be changed.
14-19          (f)  If the order of the court is at variance with the
14-20    child's birth certificate, the court shall order the bureau of
14-21    vital statistics to issue an amended birth record.
14-22          (g)  On a finding of parentage, the court may order
14-23    retroactive child support as provided by Chapter 154 and, on a
14-24    proper showing, order a party to pay an equitable portion of all of
14-25    the prenatal and postnatal health care expenses of the mother and
14-26    the child.
14-27          (h)  In rendering an order for retroactive child support
14-28    under this section, the court shall use the child support
14-29    guidelines provided by Chapter 154, together with any relevant
14-30    factors.
14-31          Sec. 160.637.  BINDING EFFECT OF DETERMINATION OF PARENTAGE.
14-32    (a)  Except as otherwise provided by Subsection (b), a
14-33    determination of parentage is binding on:
14-34                (1)  all signatories to an acknowledgment or denial of
14-35    paternity as provided by Subchapter D; and
14-36                (2)  all parties to an adjudication by a court acting
14-37    under circumstances that satisfy the jurisdictional requirements of
14-38    Section 159.201.
14-39          (b)  A child is not bound by a determination of parentage
14-40    under this chapter unless:
14-41                (1)  the determination was based on an unrescinded
14-42    acknowledgment of paternity and the acknowledgment is consistent
14-43    with the results of genetic testing;
14-44                (2)  the adjudication of parentage was based on a
14-45    finding consistent with the results of genetic testing and the
14-46    consistency is declared in the determination or is otherwise shown;
14-47    or
14-48                (3)  the child was a party or was represented in the
14-49    proceeding determining parentage by an attorney ad litem.
14-50          (c)  In a proceeding to dissolve a marriage, the court is
14-51    considered to have made an adjudication of the parentage of a child
14-52    if the court acts under circumstances that satisfy the
14-53    jurisdictional requirements of Section 159.201, and the final
14-54    order:
14-55                (1)  expressly identifies the child as "a child of the
14-56    marriage" or "issue of the marriage" or uses similar words
14-57    indicating that the husband is the father of the child; or
14-58                (2)  provides for the payment of child support for the
14-59    child by the husband unless paternity is specifically disclaimed in
14-60    the order.
14-61          (d)  Except as otherwise provided by Subsection (b), a
14-62    determination of parentage may be a defense in a subsequent
14-63    proceeding seeking to adjudicate parentage by an individual who was
14-64    not a party to the earlier proceeding.
14-65          (e)  A party to an adjudication of paternity may challenge
14-66    the adjudication only under the laws of this state relating to
14-67    appeal, the vacating of judgments, or other judicial review.
14-68             (Sections 160.638-160.700 reserved for expansion
14-69               SUBCHAPTER H.  CHILD OF ASSISTED REPRODUCTION
 15-1          Sec. 160.701.  SCOPE OF SUBCHAPTER. This subchapter applies
 15-2    only to a child conceived by means of assisted reproduction.
 15-3          Sec. 160.702.  PARENTAL STATUS OF DONOR. A donor is not a
 15-4    parent of a child conceived by means of assisted reproduction.
 15-5          Sec. 160.703.  HUSBAND'S PATERNITY OF CHILD OF ASSISTED
 15-6    REPRODUCTION. If a husband provides sperm for or consents to
 15-7    assisted reproduction by his wife as provided by Section 160.704,
 15-8    he is the father of a resulting child.
 15-9          Sec. 160.704.  CONSENT TO ASSISTED REPRODUCTION. (a)  Consent
15-10    by a married woman to assisted reproduction must be in a record
15-11    signed by the woman and her husband.  This requirement does not
15-12    apply to the donation of eggs by a married woman for assisted
15-13    reproduction by another woman.
15-14          (b)  Failure by the husband to sign a consent required by
15-15    Subsection (a) before or after the birth of the child does not
15-16    preclude a finding that the husband is the father of a child born
15-17    to his wife if the wife and husband openly treated the child as
15-18    their own.
15-19          Sec. 160.705.  LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY.
15-20    (a)  Except as otherwise provided by Subsection (b), the husband of
15-21    a wife who gives birth to a child by means of assisted reproduction
15-22    may not challenge his paternity of the child unless:
15-23                (1)  before the fourth anniversary of the date of
15-24    learning of the birth of the child he commences a proceeding to
15-25    adjudicate his paternity; and
15-26                (2)  the court finds that he did not consent to the
15-27    assisted reproduction before or after the birth of the child.
15-28          (b)  A proceeding to adjudicate paternity may be maintained
15-29    at any time if the court determines that:
15-30                (1)  the husband did not provide sperm for or, before
15-31    or after the birth of the child, consent to assisted reproduction
15-32    by his wife;
15-33                (2)  the husband and the mother of the child have not
15-34    cohabited since the probable time of assisted reproduction; and
15-35                (3)  the husband never openly treated the child as his
15-36    own.
15-37          (c)  The limitations provided by this section apply to a
15-38    marriage declared invalid after assisted reproduction.
15-39          Sec. 160.706.  EFFECT OF DISSOLUTION OF MARRIAGE. (a)  If a
15-40    marriage is dissolved before the placement of eggs, sperm, or
15-41    embryos, the former spouse is not a parent of the resulting child
15-42    unless the former spouse consented in a record that if assisted
15-43    reproduction were to occur after a divorce the former spouse would
15-44    be a parent of the child.
15-45          (b)  The consent of a former spouse to assisted reproduction
15-46    may be withdrawn by that individual in a record at any time before
15-47    the placement of eggs, sperm, or embryos.
15-48          Sec. 160.707.  PARENTAL STATUS OF DECEASED SPOUSE. If a
15-49    spouse dies before the placement of eggs, sperm, or embryos, the
15-50    deceased spouse is not a parent of the resulting child unless the
15-51    deceased spouse consented in a record that if assisted reproduction
15-52    were to occur after death the deceased spouse would be a parent of
15-53    the child.  [Sec. 160.001.  APPLICABILITY.  This chapter governs a
15-54    suit affecting the parent-child relationship in which the parentage
15-55    of the biological mother or biological father is:]
15-56                [(1)  sought to be adjudicated;]
15-57                [(2)  voluntarily admitted by the putative father; or]
15-58                [(3)  jointly acknowledged by the mother and putative
15-59    father.]
15-60          [Sec. 160.002.  TIME IN WHICH TO BRING SUIT TO DETERMINE
15-61    PARENTAGE. (a)  A suit affecting the parent-child relationship to
15-62    determine parentage under Subchapter B may be brought before the
15-63    birth of the child, but must be brought on or before the second
15-64    anniversary of the date the child becomes an adult, or the suit is
15-65    barred.]
15-66          [(b)  This section applies to a child for whom a parentage
15-67    suit was brought but dismissed because a statute of limitations of
15-68    less than 18 years was then in effect.]
15-69          [Sec. 160.003.  NECESSARY PARTY:  REPRESENTATION OF CHILD.
 16-1    (a)  The child is not a necessary party to a suit under this
 16-2    chapter.]
 16-3          [(b)  It is rebuttably presumed in a trial on the merits
 16-4    before a judge or jury that the interests of the child will be
 16-5    adequately represented by the party bringing suit to determine
 16-6    parentage of the child.  If the court finds that the interests of
 16-7    the child will not be adequately represented by a party to the suit
 16-8    or are adverse to that party, the court shall appoint an attorney
 16-9    ad litem to represent the child.]
16-10          [(c)  The child shall be represented in a settlement
16-11    agreement, dismissal, or nonsuit by a guardian ad litem or an
16-12    attorney ad litem appointed by the court, unless the court finds on
16-13    the record that the interests of the child will be adequately
16-14    represented by a party to the suit or are not adverse to that
16-15    party, and that the court approves the settlement agreement,
16-16    dismissal, or nonsuit.]
16-17          [Sec. 160.004.  TEMPORARY ORDERS. The court may render a
16-18    temporary order authorized in a suit under this title, including an
16-19    order for temporary support of a child, if the person ordered to
16-20    pay support:]
16-21                [(1)  is a presumed parent under Chapter 151;]
16-22                [(2)  is an alleged father petitioning to have his
16-23    paternity adjudicated or who admits paternity in pleadings filed
16-24    with the court;]
16-25                [(3)  is found by the court at the pretrial conference
16-26    authorized by this chapter not to be excluded as the biological
16-27    father of the child, with the court finding that at least 99
16-28    percent of the male population is excluded from being the
16-29    biological father of the child; or]
16-30                [(4)  executed a statement or acknowledgment of
16-31    paternity under Subchapter C.]
16-32          [Sec. 160.005.  CONSERVATORSHIP, SUPPORT, AND PAYMENTS. (a)
16-33    In a suit in which a determination of parentage is sought, the
16-34    court may provide for the managing and possessory conservatorship
16-35    and support of and access to the child.]
16-36          [(b)  On a finding of parentage, the court may order support
16-37    retroactive to the time of the birth of the child and, on a proper
16-38    showing, may order a party to pay an equitable portion of all
16-39    prenatal and postnatal health care expenses of the mother and
16-40    child.]
16-41          [(c)  In making an order for retroactive child support under
16-42    this section, the court shall use the child support guidelines
16-43    provided by Chapter 154 together with any relevant factors.]
16-44          [Sec. 160.006.  FINAL ORDER REGARDING PARENTAGE. (a)  On a
16-45    verdict of the jury, or on a finding of the court if there is no
16-46    jury, the court shall render a final order declaring whether an
16-47    alleged parent is the biological parent of the child.]
16-48          [(b)  The effect of an order declaring that an alleged parent
16-49    is the biological parent of the child is to confirm or create the
16-50    parent-child relationship between the parent and the child for all
16-51    purposes.]
16-52          [(c)  If parentage is established, the order shall state the
16-53    name of the child.]
16-54          [Sec. 160.007.  SUIT BARRED. (a)  Except as provided by
16-55    Subsection (b), a suit under this chapter with respect to a child
16-56    is barred if final judgment has been rendered by a court of
16-57    competent jurisdiction:]
16-58                [(1)  adjudicating a named individual to be the
16-59    biological father of the child; or]
16-60                [(2)  terminating the parent-child relationship between
16-61    the child and each living parent of the child; or]
16-62                [(3)  granting a petition for the adoption of the
16-63    child.]
16-64          [(b)  During the pendency of an appeal or direct attack on a
16-65    judgment described by Subsection (a), a suit under this chapter may
16-66    be filed but shall, on motion of a party, be stayed pending the
16-67    final disposition of the appeal or direct attack on the judgment.]
16-68                      [SUBCHAPTER B.  PARENTAGE SUIT]
16-69          [Sec. 160.101.  DENIAL OF PATERNITY. (a)  The presumption
 17-1    that a man is the biological father of a child under Chapter 151
 17-2    may be contested by:]
 17-3                [(1)  the biological mother of the child;]
 17-4                [(2)  a person related within the second degree of
 17-5    consanguinity to the biological mother of the child, if the
 17-6    biological mother of the child is deceased;]
 17-7                [(3)  a man presumed to be the father of the child, who
 17-8    may contest his own or another man's presumed paternity;]
 17-9                [(4)  a man alleging himself to be the biological
17-10    father of the child; or]
17-11                [(5)  a governmental entity, authorized agency, or a
17-12    licensed child-placing agency.]
17-13          [(b)  A contest of paternity must be raised by an express
17-14    statement denying paternity of the child in a party's pleadings in
17-15    the suit, without regard to whether the presumed father or
17-16    biological mother is a petitioner or respondent.]
17-17          [(c)  In a suit in which a question of paternity is raised,
17-18    the court shall conduct the pretrial proceedings and order
17-19    scientifically accepted paternity testing as provided by this
17-20    chapter.]
17-21          [Sec. 160.102.  ORDER FOR PARENTAGE TESTING. (a)  When the
17-22    respondent appears in a parentage suit, the court shall order the
17-23    mother, an alleged father, and the child to submit to the taking of
17-24    blood, body fluid, or tissue samples for the purpose of
17-25    scientifically accepted parentage testing.]
17-26          [(b)  If the respondent fails to appear and wholly defaults
17-27    or if the allegation of parentage is admitted, the court may waive
17-28    parentage testing.]
17-29          [Sec. 160.103.  REQUIREMENTS OF TESTING. The court shall
17-30    require in its order testing necessary to ascertain the possibility
17-31    of an alleged father's paternity and shall require that the tests
17-32    exclude at least 99 percent of the male population from the
17-33    possibility of being the father of the child, except that the court
17-34    shall permit the omission of any further testing if the testing has
17-35    been conducted sufficiently to establish that an alleged father is
17-36    not the father of the child, or if the costs of testing have
17-37    reached an amount that the court determines to be the greatest
17-38    amount that may reasonably be borne by one or more parties to the
17-39    suit.  If the appearance is before the birth of the child, the
17-40    court shall order the taking of blood, body fluid, or tissue
17-41    samples to be made as soon as medically practical after the birth.]
17-42          [Sec. 160.104. APPOINTMENT OF EXPERTS. (a)  The court shall:]
17-43                [(1)  appoint one or more experts qualified in
17-44    parentage testing to perform the tests;]
17-45                [(2)  determine the number and qualifications of the
17-46    experts; and]
17-47                [(3)  prescribe the arrangements for conducting the
17-48    tests.]
17-49          [(b)  The court may:]
17-50                [(1)  order a reasonable fee for each court-appointed
17-51    expert; and]
17-52                [(2)  require the fee to be paid by any or all of the
17-53    parties in the amounts and in the manner directed or tax all, part,
17-54    or none of the fee as costs in the suit.]
17-55          [(c)  A party may employ other experts qualified in parentage
17-56    testing.  The court may order blood, body fluid, or tissue samples
17-57    made available to these experts if requested.]
17-58          [Sec. 160.105.  PRETRIAL CONFERENCE. (a)  After completion of
17-59    parentage testing, the court shall order all parties to appear,
17-60    either in person or by attorney, at a pretrial conference.]
17-61          [(b)  Either party may call a parentage testing expert to
17-62    testify in person or by deposition about the expert's tests and
17-63    findings.]
17-64          [(c)  A witness at a pretrial conference is governed by the
17-65    Texas Rules of Civil Evidence.]
17-66          [(d)  A verified written report of a parentage testing expert
17-67    is admissible at the pretrial conference as evidence of the truth
17-68    of the matters it contains.]
17-69          [(e)  All evidence admitted at the pretrial conference is a
 18-1    part of the record of the case.]
 18-2          [(f)  Parentage test results offered at a pretrial conference
 18-3    are admissible as evidence if the tests were conducted under a
 18-4    court order or by agreement without regard to whether the tests
 18-5    were performed before or after the filing of a suit.]
 18-6          [Sec. 160.106.  EFFECT OF PARENTAGE TESTS. (a)  At the
 18-7    conclusion of the pretrial conference, if the court finds that the
 18-8    tests show by clear and convincing evidence that an alleged or
 18-9    presumed father is not the father of the child, the court shall
18-10    dismiss with prejudice the parentage suit as to that man.]
18-11          [(b)  If the court finds that the parentage tests do not
18-12    exclude an alleged father as the father of the child, the court
18-13    shall set the suit for trial.]
18-14          [(c)  If the court finds that at least 99 percent of the male
18-15    population is excluded by the tests and that an alleged father is
18-16    not excluded from the possibility of being the child's father, the
18-17    burden of proof at trial is on the party opposing the establishment
18-18    of the alleged father's parentage.]
18-19          [Sec. 160.107.  EFFECT OF REFUSING PARENTAGE TESTING. (a)  An
18-20    order for parentage testing is enforceable by contempt and:]
18-21                [(1)  if the petitioner is the mother or an alleged
18-22    father and refuses to submit to parentage testing, the court may
18-23    dismiss the suit; or]
18-24                [(2)  if a party refuses to submit to court-ordered
18-25    parentage testing, on proof sufficient to render a default judgment
18-26    the court may resolve the question of parentage against that party.]
18-27          [(b)  If a parent or an alleged parent refuses to submit to
18-28    parentage testing, the fact of refusal may be introduced as
18-29    evidence as provided by this subchapter.]
18-30          [Sec. 160.108.  PREFERENTIAL TRIAL SETTING. (a)  In a suit
18-31    provided by this chapter, after a hearing the court shall grant a
18-32    motion for a preferential setting for trial on the merits filed by
18-33    a party to the suit or by the attorney or guardian ad litem for the
18-34    child.  The court shall give precedence to that trial over other
18-35    civil cases if discovery has been completed or sufficient time has
18-36    elapsed since the filing of the suit for the completion of all
18-37    necessary and reasonable discovery if diligently pursued.]
18-38          [(b)  The provisions of this section regarding preferential
18-39    setting apply to trial on the merits without regard to whether the
18-40    suit is set for a trial before the court or before a jury.]
18-41          [Sec. 160.109.  EVIDENCE AT TRIAL. (a)  A party may call a
18-42    parentage testing expert to testify at the trial in person or by
18-43    deposition.]
18-44          [(b)  A verified written report of a parentage testing expert
18-45    is admissible at the trial as evidence of the truth of the matters
18-46    it contains.]
18-47          [(c)  If the parentage tests show the possibility of an
18-48    alleged father's paternity, the court shall admit this evidence if
18-49    offered at the trial.]
18-50          [(d)  Parentage test results offered at the trial shall be
18-51    admissible as evidence if the tests were conducted under court
18-52    order or by agreement, without regard to whether the tests were
18-53    performed before or after the filing of a suit.]
18-54          [(e)  The party seeking to establish an alleged father's
18-55    paternity retains the right to open and close at trial without
18-56    regard to whether the court has shifted the burden of proof to the
18-57    opposing party.]
18-58          [(f)  If a copy is provided to the adverse party and to the
18-59    court at the pretrial conference, submission of a copy of a medical
18-60    bill for the prenatal and postnatal health care expenses of the
18-61    mother and child or for charges directly related to the parentage
18-62    testing constitutes a prima facie showing that the charges are
18-63    reasonable, necessary, and customary and may be admitted as
18-64    evidence of the truth of the matters stated in the bill.]
18-65          [Sec. 160.110.  PRESUMPTIONS; BURDEN OF PROOF. (a)  In a suit
18-66    in which there is a presumption of parentage under Chapter 151, the
18-67    party denying a presumed father's paternity of the child has the
18-68    burden of rebutting the presumption of paternity by clear and
18-69    convincing evidence.]
 19-1          [(b)  If the parentage tests show the possibility of an
 19-2    alleged father's paternity and that at least 99 percent of the male
 19-3    population is excluded from the possibility of being the father,
 19-4    evidence of these facts constitutes a prima facie showing of an
 19-5    alleged father's paternity, and the party opposing the
 19-6    establishment of the alleged father's paternity has the burden of
 19-7    proving that the alleged father is not the father of the child.]
 19-8          [(c)  A party who refuses to submit to parentage testing has
 19-9    the burden of proving that an alleged father is not the father of
19-10    the child.]
19-11          [(d)  The court shall dismiss with prejudice a claim
19-12    regarding a presumed father whose paternity is excluded by
19-13    scientifically accepted paternity testing.]
19-14          [(e)  If two or more presumptions are in conflict, the
19-15    presumption that is founded on the weightier considerations of
19-16    policy and logic controls.  The court shall find that the weightier
19-17    presumption of paternity is that of a presumed father who is not
19-18    excluded as the biological father of the child by scientifically
19-19    accepted paternity testing that shows that at least 99 percent of
19-20    the male population is excluded.]
19-21          [(f)  The court shall dismiss a suit contesting a presumption
19-22    of paternity filed by a man who is not a presumed father, but who
19-23    alleges himself to be the biological father of a child, if:]
19-24                [(1)  the suit is filed after the second anniversary of
19-25    the later of:]
19-26                      [(A)  the date of birth of the child; or]
19-27                      [(B)  the time the presumption of paternity came
19-28    into existence after the child was born; and]
19-29                [(2)  the presumed father:]
19-30                      [(A)  has resided in the same household as the
19-31    child in a father-child relationship or has established a
19-32    father-child relationship with the child through his other actions;
19-33    and]
19-34                      [(B)  requests an order designating him as the
19-35    father of the child.]
19-36          [(g)  A suit contesting a presumption that a man is the
19-37    biological father of a child may be filed at any time during the
19-38    minority of the child by:]
19-39                [(1)  the biological mother of the child;]
19-40                [(2)  a person related within the second degree of
19-41    consanguinity to the biological mother of the child, if the
19-42    biological mother of the child is deceased;]
19-43                [(3)  a presumed father; or]
19-44                [(4)  a governmental entity, authorized agency, or
19-45    licensed child-placing agency.]
19-46          [(h)  If a presumption of paternity is rebutted, the court
19-47    shall enter an order finding that the man presumed to be the father
19-48    of the child is not the biological father.]
19-49           [SUBCHAPTER C.  ACKNOWLEDGMENT OR DENIAL OF PATERNITY]
19-50          [Sec. 160.201.  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
19-51    mother of a child and a man claiming to be the father of the child
19-52    may execute an acknowledgment of paternity as provided by this
19-53    subchapter to establish the man's paternity.]
19-54          [Sec. 160.202.  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (a)
19-55    An acknowledgment of paternity must:]
19-56                [(1)  be in writing;]
19-57                [(2)  be signed by the mother and the putative father;
19-58    and]
19-59                [(3)  state whether the child whose paternity is being
19-60    acknowledged has a presumed father under Section 151.002.]
19-61          [(b)  If the mother declares in the acknowledgment that there
19-62    is a presumed father of the child, the acknowledgment must be
19-63    accompanied by a denial of paternity signed by the presumed father,
19-64    unless the presumed father is the man who has signed the
19-65    acknowledgment.]
19-66          [Sec. 160.203.  FILING ACKNOWLEDGMENT OF PATERNITY. (a)  An
19-67    acknowledgment of paternity executed under this subchapter shall be
19-68    filed with the bureau of vital statistics.]
19-69          [(b)  The bureau of vital statistics may not charge a fee to
 20-1    file the acknowledgment.]
 20-2          [Sec. 160.204.  SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
 20-3    PATERNITY. (a)  An acknowledgment of paternity or a denial of
 20-4    paternity may contain the mother's signature and the putative
 20-5    father's signature on separate documents.]
 20-6          [(b)  An acknowledgment of paternity or a denial of paternity
 20-7    may be signed before the birth of the child.]
 20-8          [(c)  An adult or a minor may sign an acknowledgment of
 20-9    paternity or a denial of paternity.]
20-10          [Sec. 160.205.  EFFECT OF ACKNOWLEDGMENT OF PATERNITY. (a)
20-11    Subject to the right to rescind or contest an acknowledgment of
20-12    paternity under this subchapter, a signed acknowledgment of
20-13    paternity filed with the bureau of vital statistics is a legal
20-14    finding of paternity of a child equivalent to a judicial
20-15    determination.]
20-16          [(b)  If the mother or the man claiming to be the father
20-17    falsely denies the existence of a presumed father in an
20-18    acknowledgment of paternity, the acknowledgment of paternity is
20-19    voidable within the time to rescind under Section 160.206.]
20-20          [Sec. 160.206.  SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL. (a)
20-21    Subject to the requirements of Subsection (b), a person who signs
20-22    an acknowledgment of paternity or a denial of paternity may file a
20-23    suit affecting the parent-child relationship to rescind the
20-24    acknowledgment of paternity or denial of paternity.]
20-25          [(b)  The petition to rescind an acknowledgment of paternity
20-26    or a denial of paternity must be filed not later than the earlier
20-27    of:]
20-28                [(1)  the 61st day after the date the acknowledgment of
20-29    paternity or denial of paternity is filed with the bureau of vital
20-30    statistics; or]
20-31                [(2)  the date of the first hearing before a tribunal
20-32    to determine an issue relating to the child in which the person is
20-33    a party, including a proceeding that establishes support.]
20-34          [(c)  If a proceeding to rescind an acknowledgment of
20-35    paternity or a denial of paternity is filed jointly or agreed to by
20-36    all necessary parties, the court shall order the bureau of vital
20-37    statistics to amend the birth record of the child by removing the
20-38    father's name.]
20-39          [(d)  If the proceeding to rescind is not agreed to by all
20-40    parties, the court shall conduct a hearing in the same manner as a
20-41    proceeding to determine parentage under this chapter.]
20-42          [Sec. 160.207.  SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. (a)
20-43    A person who may contest a presumption of paternity under Section
20-44    160.101 may contest an acknowledgment of paternity or a denial of
20-45    paternity by filing a suit affecting the parent-child relationship.
20-46    A suit to contest an acknowledgment of paternity or a denial of
20-47    paternity that is filed after the time for a suit to rescind under
20-48    Section 160.206 may be filed only on the basis of fraud, duress, or
20-49    material mistake of fact.  The party challenging the acknowledgment
20-50    of paternity or the denial of paternity has the burden of proof.]
20-51          [(b)  A suit to contest an acknowledgment of paternity or a
20-52    denial of paternity shall be conducted in the same manner as a
20-53    proceeding to determine parentage under this chapter.]
20-54          [(c)  A person must bring suit to contest an acknowledgment
20-55    of paternity or a denial of paternity not later than the fourth
20-56    anniversary of the date the acknowledgment of paternity or the
20-57    denial of paternity is filed with the bureau of vital statistics.]
20-58          [(d)  A suit to contest an unrescinded acknowledgment of
20-59    paternity may not be filed after the date a court has rendered an
20-60    order, including a child support order, based on the acknowledgment
20-61    of paternity.]
20-62          [(e)  Notwithstanding any other provision of this chapter, a
20-63    collateral attack on an acknowledgment of paternity executed under
20-64    this subchapter may not be filed after the fourth anniversary of
20-65    the date the acknowledgment of paternity is filed with the bureau
20-66    of vital statistics.]
20-67          [Sec. 160.208.  PROCEDURE FOR SUIT TO RESCIND OR CONTEST. (a)
20-68    Each person who signs an acknowledgment of paternity or a denial of
20-69    paternity must be made a party to a suit to rescind or contest the
 21-1    acknowledgment of paternity or denial of paternity.]
 21-2          [(b)  Except for good cause shown, the court may not suspend
 21-3    the legal responsibility of a person arising from the
 21-4    acknowledgment of paternity, including the duty to pay child
 21-5    support, while a suit is pending.]
 21-6          [(c)  On a determination of paternity or nonpaternity, the
 21-7    court shall order the bureau of vital statistics to amend the birth
 21-8    record of the child in accordance with the order of the court.]
 21-9          [Sec. 160.209.  COURT RATIFICATION. An unrescinded and
21-10    uncontested acknowledgment of paternity is valid and effective
21-11    without court ratification.  In a judicial, administrative, or
21-12    other proceeding, parentage of a child may be proved by evidence
21-13    that an unrescinded and uncontested acknowledgment of paternity of
21-14    the child has been filed with the bureau of vital statistics.]
21-15          [Sec. 160.210.  FULL FAITH AND CREDIT. An acknowledgment of
21-16    paternity signed in another state shall be accorded full faith and
21-17    credit by the courts of this state if the acknowledgment is signed
21-18    in apparent compliance with the other state's law.]
21-19          [Sec. 160.211.  VALIDATION OF EARLIER STATEMENT. A statement
21-20    admitting paternity or an obligation to support a child that was
21-21    signed before September 1, 1999, is valid and binding even though
21-22    the statement is not executed as provided by this subchapter.]
21-23          [Sec. 160.212.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
21-24    PATERNITY. (a)  The bureau of vital statistics shall prescribe
21-25    forms for an acknowledgment of paternity and a denial of paternity
21-26    to comply with this subchapter.]
21-27          [(b)  The forms prescribed under this section must:]
21-28                [(1)  contain information regarding the procedure to
21-29    rescind an acknowledgment or a denial;]
21-30                [(2)  provide that the signatures on the forms are
21-31    witnessed and signed under penalty of perjury; and]
21-32                [(3)  state whether the mother, the putative father, or
21-33    the presumed father is a minor.]
21-34          [(c)  The form for acknowledgment of paternity must inform
21-35    the putative father that signing the acknowledgment of paternity
21-36    with the consent of the mother:]
21-37                [(1)  creates the parent-child relationship between him
21-38    and the child;]
21-39                [(2)  imposes upon him a legal duty to support the
21-40    child; and]
21-41                [(3)  enables a court to grant him the right of custody
21-42    or visitation with the child.]
21-43          [(d)  The form for denial of paternity must inform the man
21-44    that signing the denial of paternity with the consent of the
21-45    mother:]
21-46                [(1)  legally determines his nonpaternity of the child;]
21-47                [(2)  removes the legal duty that he support the child;
21-48    and]
21-49                [(3)  terminates his right of conservatorship or
21-50    possession of or access to the child.]
21-51          [Sec. 160.213.  VALIDITY OF FORMS. The validity of an
21-52    acknowledgment of paternity or a denial of paternity is not
21-53    affected by a modification of the prescribed form by the bureau of
21-54    vital statistics that occurs after the acknowledgment of paternity
21-55    or denial of paternity is signed if the form met the requirements
21-56    of state law at the time it was signed.]
21-57          [Sec. 160.214.  RELEASE OF INFORMATION. The bureau of vital
21-58    statistics shall release information relating to the acknowledgment
21-59    or denial of paternity and rescinding an acknowledgment or a denial
21-60    of paternity to the Title IV-D agency and any other person
21-61    authorized by law.]
21-62          [Sec. 160.215.  ADOPTION OF RULES. The Title IV-D agency and
21-63    the bureau of vital statistics may adopt rules to implement this
21-64    subchapter.]
21-65          [Sec. 160.216.  MEMORANDUM OF UNDERSTANDING. The Title IV-D
21-66    agency and the bureau of vital statistics shall adopt a memorandum
21-67    of understanding governing the collection and transfer of
21-68    information for the voluntary acknowledgment of paternity. The
21-69    Title IV-D agency and the bureau of vital statistics shall review
 22-1    the memorandum semiannually and renew or modify the memorandum as
 22-2    necessary.]
 22-3                    [SUBCHAPTER D.  PATERNITY REGISTRY]
 22-4          [Sec. 160.251.  PATERNITY REGISTRY; PURPOSE. (a)  The bureau
 22-5    of vital statistics shall establish a paternity registry.]
 22-6          [(b)  The bureau of vital statistics shall administer the
 22-7    registry to:]
 22-8                [(1)  protect the parental rights of fathers who
 22-9    affirmatively assume responsibility for children they may have
22-10    fathered; and]
22-11                [(2)  expedite adoptions of children whose biological
22-12    fathers are unwilling to assume responsibility for their children
22-13    by registering with the registry or otherwise acknowledging their
22-14    children.]
22-15          [(c)  The registry does not relieve a mother of the
22-16    obligation to identify the known father of her child.]
22-17          [(d)  A man is not required to register with the paternity
22-18    registry if he:]
22-19                [(1)  is presumed to be the biological father of a
22-20    child under Chapter 151;]
22-21                [(2)  has been adjudicated to be the biological father
22-22    of a child by a court of competent jurisdiction; or]
22-23                [(3)  has filed an acknowledgment of paternity under
22-24    Subchapter C.]
22-25          [Sec. 160.252.  REQUIRED INFORMATION. A man registering with
22-26    the registry shall provide:]
22-27                [(1)  the name, last known address, driver's license
22-28    number, and social security number, if known, of the mother of the
22-29    child;]
22-30                [(2)  the name of the child and the location and date
22-31    of birth of the child, if known, or the probable month and year of
22-32    the expected birth of the child;]
22-33                [(3)  the man's name, address, driver's license number,
22-34    and social security number; and]
22-35                [(4)  a statement in which the man claims to be the
22-36    father of the child identified by the man.]
22-37          [Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
22-38    registry shall record the name, address, driver's license number,
22-39    and social security number of a man who claims to be the father of
22-40    a child whose paternity has not been adjudicated by a court of
22-41    competent jurisdiction by giving notice of intent to claim
22-42    paternity, as provided by this subchapter.]
22-43          [Sec. 160.254.  KNOWLEDGE OF PREGNANCY. (a)  A person who has
22-44    sexual intercourse with a person of the opposite sex is deemed to
22-45    have knowledge that sexual intercourse can result in the woman's
22-46    pregnancy.]
22-47          [(b)  Except as provided by this subchapter, a man who claims
22-48    to be the father of a child shall file a notice of intent to assert
22-49    as provided by this subchapter his right to establish paternity of
22-50    a child that may result from the sexual intercourse.]
22-51          [(c)  Ignorance of a pregnancy is not a sufficient reason for
22-52    failing to register with the registry to claim paternity of the
22-53    child born of the pregnancy.]
22-54          [Sec. 160.2545.  INFORMATION REGARDING REGISTRY, BIRTH
22-55    RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
22-56    VITAL STATISTICS. (a)  On receipt of a request for a certificate
22-57    under Section 160.260 attesting to the results of a search of the
22-58    paternity registry, the bureau of vital statistics shall search:]
22-59                [(1)  notices of intent to claim paternity filed with
22-60    the registry under this subchapter;]
22-61                [(2)  birth records maintained by the bureau;]
22-62                [(3)  acknowledgments of paternity filed with the
22-63    bureau under Subchapter C; and]
22-64                [(4)  central file records identifying a court of
22-65    continuing jurisdiction and identifying the adjudicated father, if
22-66    any.]
22-67          [(b)  The bureau shall furnish information resulting from a
22-68    search under Subsection (a) to the requestor.]
22-69          [Sec. 160.255.  FURNISHING OF REGISTRY INFORMATION;
 23-1    CONFIDENTIALITY; OFFENSE. (a)  If the mother's address has been
 23-2    provided, the registry shall send a copy of the notice of intent to
 23-3    claim paternity to the mother as notification that a man has
 23-4    registered with the paternity registry claiming to be the father of
 23-5    the mother's child.]
 23-6          [(b)  Information contained in the registry is confidential
 23-7    and may be released on request only to:]
 23-8                [(1)  a court;]
 23-9                [(2)  the mother of a child;]
23-10                [(3)  an authorized agency;]
23-11                [(4)  a licensed child-placing agency;]
23-12                [(5)  an attorney at law in this state who is
23-13    participating or assisting in a suit affecting the parent-child
23-14    relationship, including termination of the parent-child
23-15    relationship or a suit for the adoption of the child that the
23-16    registrant claims to have fathered; or]
23-17                [(6)  any other person or entity the bureau of vital
23-18    statistics considers to have a legitimate interest in the
23-19    information.]
23-20          [(c)  The registry shall furnish registry information by
23-21    electronic data exchange or any other means to the state's Title
23-22    IV-D agency and the Department of Protective and Regulatory
23-23    Services.]
23-24          [(d)  A person commits an offense if the person intentionally
23-25    and unlawfully releases information from the registry to the public
23-26    or makes any other unlawful use of the information in violation of
23-27    this subchapter.  An offense under this subsection is a Class B
23-28    misdemeanor.]
23-29          [Sec. 160.256.  NOTICE OF INTENT TO CLAIM PATERNITY. (a)
23-30    Except as provided by Subsection (d), a person may register as
23-31    provided by this subchapter by filing a notice of intent to claim
23-32    paternity on a form provided by the bureau of vital statistics.
23-33    This form shall be signed and acknowledged before a notary public.]
23-34          [(b)  The bureau shall make registration forms available to
23-35    all:]
23-36                [(1)  hospitals and other birthing places in this
23-37    state;]
23-38                [(2)  licensed child-placing agencies;]
23-39                [(3)  county and district clerks;]
23-40                [(4)  municipal clerks;]
23-41                [(5)  justices of the peace;]
23-42                [(6)  jails;]
23-43                [(7)  prisons; and]
23-44                [(8)  facilities of the Texas Department of Criminal
23-45    Justice and Texas Youth Commission.]
23-46          [(c)  A notice of intent to claim paternity may be filed
23-47    before the birth of the child but may not be filed after the 30th
23-48    day after the date of birth of the child.]
23-49          [(d)  If the bureau of vital statistics has received from the
23-50    clerk of the court notice under Chapter 108 of a decree terminating
23-51    the parent-child relationship between the person applying to
23-52    register and the child, the bureau shall notify the person that the
23-53    person's parent-child relationship with the child has been
23-54    terminated and may not enter into the registry a notice of intent
23-55    to claim paternity filed by the person.]
23-56          [Sec. 160.257.  DENIAL OF REGISTRANT'S PATERNITY;
23-57    NOTIFICATION. (a)  Not later than the 30th day after the date of
23-58    the receipt of notification from the bureau of vital statistics
23-59    that a notice of intent to claim paternity has been filed, the
23-60    mother of the child may deny the registrant's claim of paternity on
23-61    a form provided by the bureau and signed and acknowledged before a
23-62    notary public.]
23-63          [(b)  If the mother denies that the registrant is the father
23-64    of the child, the bureau of vital statistics shall immediately
23-65    notify the registrant of the denial and of the registrant's right
23-66    to file a legal action to establish paternity.]
23-67          [Sec. 160.258.  EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
23-68    Except as provided by Chapter 102 and Chapter 161, a man who fails
23-69    to file a notice of intent to claim paternity before the 30th day
 24-1    after the date of the birth of the child may not assert an interest
 24-2    in the child other than by filing a suit to establish paternity
 24-3    before the termination of the man's parental rights.]
 24-4          [Sec. 160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.
 24-5    (a)  A man who files a notice of intent to claim paternity with the
 24-6    registry shall promptly notify the registry in writing of any
 24-7    change in the information, including a change of address.]
 24-8          [(b)  A man who files a notice of intent to claim paternity
 24-9    may at any time revoke the notice by sending the registry a written
24-10    statement signed and acknowledged by the registrant before a notary
24-11    public.  The statement must include a declaration that, to the best
24-12    of the registrant's knowledge and belief:]
24-13                [(1)  the registrant is not the father of the named
24-14    child; or]
24-15                [(2)  a court has adjudicated paternity and a person
24-16    other than the registrant has been determined to be the father of
24-17    the child.]
24-18          [Sec. 160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
24-19    On request, the bureau of vital statistics shall furnish a
24-20    certificate, signed by the state registrar of vital statistics,
24-21    attesting to the results of a search of the registry regarding a
24-22    notice of intent to claim paternity to:]
24-23                [(1)  a court;]
24-24                [(2)  the mother of a child;]
24-25                [(3)  an authorized agency;]
24-26                [(4)  a licensed child-placing agency;]
24-27                [(5)  an attorney licensed to practice law in this
24-28    state who is participating or assisting in an adoption; or]
24-29                [(6)  any other person or entity the bureau of vital
24-30    statistics considers to have a legitimate interest in the
24-31    information.]
24-32          [Sec. 160.261.  REMOVAL OF REGISTRANT'S NAME. If a court
24-33    determines that a registrant is not the father of the child, the
24-34    court shall order the bureau of vital statistics to remove the
24-35    registrant's name from the registry.  On receipt of an order for
24-36    the removal of a registrant's name, the bureau of vital statistics
24-37    shall remove the name from the registry.]
24-38          [Sec. 160.262. REGISTRY FEES. (a)  A fee may not be charged
24-39    for filing with the registry a notice of intent to claim paternity
24-40    of a child or a denial of a registrant's paternity.]
24-41          [(b)  Except as provided by Subsection (c), the Texas
24-42    Department of Health may charge a fee for processing a search of
24-43    the paternity registry and for furnishing a certificate under
24-44    Section 160.260.]
24-45          [(c)  The Department of Protective and Regulatory Services
24-46    and the Title IV-D agency are not required to pay a fee under
24-47    Subsection (b).]
24-48          [Sec. 160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY
24-49    REGISTRY. Information maintained by the paternity registry is
24-50    admissible in a proceeding in a court or administrative tribunal of
24-51    this state for any purpose, including for the establishment of the
24-52    registrant's paternity or an action to terminate parental rights.]
24-53                     ARTICLE 2.  CONFORMING AMENDMENTS
24-54          SECTION 2.01.  Section 32.003(a), Family Code, is amended to
24-55    read as follows:
24-56          (a)  A child may consent to medical, dental, psychological,
24-57    and surgical treatment for the child by a licensed physician or
24-58    dentist if the child:
24-59                (1)  is on active duty with the armed services of the
24-60    United States of America;
24-61                (2)  is:
24-62                      (A)  16 years of age or older and resides
24-63    separate and apart from the child's parents, managing conservator,
24-64    or guardian, with or without the consent of the parents, managing
24-65    conservator, or guardian and regardless of the duration of the
24-66    residence; and
24-67                      (B)  managing the child's own financial affairs,
24-68    regardless of the source of the income;
24-69                (3)  consents to the diagnosis and treatment of an
 25-1    infectious, contagious, or communicable disease that is required by
 25-2    law or a rule to be reported by the licensed physician or dentist
 25-3    to a local health officer or the Texas Department of Health,
 25-4    including all diseases within the scope of Section 81.041, Health
 25-5    and Safety Code;
 25-6                (4)  is unmarried and pregnant and consents to
 25-7    hospital, medical, or surgical treatment, other than abortion,
 25-8    related to the pregnancy;
 25-9                (5)  consents to examination and treatment for drug or
25-10    chemical addiction, drug or chemical dependency, or any other
25-11    condition directly related to drug or chemical use; or
25-12                (6)  is unmarried, is the parent of a child, and has
25-13    actual custody of his or her [the child's biological] child and
25-14    consents to medical, dental, psychological, or surgical treatment
25-15    for the child.
25-16          SECTION 2.02.  Section 51.02(9), Family Code, is amended to
25-17    read as follows:
25-18                (9)  "Parent" means the mother or[,] the father of a
25-19    [whether or not the] child [is legitimate, or an adoptive parent],
25-20    but does not include a parent whose parental rights have been
25-21    terminated.
25-22          SECTION 2.03.  Section 71.003, Family Code, is amended to
25-23    read as follows:
25-24          Sec. 71.003.  FAMILY.  "Family" includes individuals related
25-25    by consanguinity or affinity, as determined under Sections 573.022
25-26    and 573.024, Government Code, individuals who are former spouses of
25-27    each other, individuals who are the [biological] parents of the
25-28    same child, without regard to marriage, and a foster child and
25-29    foster parent, without regard to whether those individuals reside
25-30    together.
25-31          SECTION 2.04. Chapter 101, Family Code, is amended by adding
25-32    Sections 101.0010 and 101.0015 to read as follows:
25-33          Sec. 101.0010.  ACKNOWLEDGED FATHER. "Acknowledged father"
25-34    means a man who has established a father-child relationship under
25-35    Chapter 160.
25-36          Sec. 101.0015.  ALLEGED FATHER. (a)  "Alleged father" means a
25-37    man who alleges himself to be, or is alleged to be, the genetic
25-38    father or a possible genetic father of a child, but whose paternity
25-39    has not been determined.
25-40          (b)  The term does not include:
25-41                (1)  a presumed father;
25-42                (2)  a man whose parental rights have been terminated
25-43    or declared to not exist; or
25-44                (3)  a male donor.
25-45          SECTION 2.05.  Section 101.024, Family Code, is amended to
25-46    read as follows:
25-47          Sec. 101.024.  PARENT.  "Parent" means the mother, a man
25-48    presumed to be the [biological] father, a man legally determined to
25-49    be the [biological] father, a man who has been adjudicated to be
25-50    the [biological] father by a court of competent jurisdiction, a man
25-51    who has acknowledged his paternity under applicable law, or an
25-52    adoptive mother or father.  The term does not include a parent as
25-53    to whom the parent-child relationship has been terminated.
25-54          SECTION 2.06.  Section 101.025, Family Code, is amended to
25-55    read as follows:
25-56          Sec. 101.025.  PARENT-CHILD RELATIONSHIP.  "Parent-child
25-57    relationship" means the legal relationship between a child and the
25-58    child's [biological or adoptive] parents as provided by Chapter 160
25-59    [151].  The term includes the mother and child relationship and the
25-60    father and child relationship.
25-61          SECTION 2.07.  Section 102.003(a), Family Code, is amended to
25-62    read as follows:
25-63          (a)  An original suit may be filed at any time by:
25-64                (1)  a parent of the child;
25-65                (2)  the child through a representative authorized by
25-66    the court;
25-67                (3)  a custodian or person having the right of
25-68    visitation with or access to the child appointed by an order of a
25-69    court of another state or country;
 26-1                (4)  a guardian of the person or of the estate of the
 26-2    child;
 26-3                (5)  a governmental entity;
 26-4                (6)  an authorized agency;
 26-5                (7)  a licensed child placing agency;
 26-6                (8)  a man alleging himself to be the [biological]
 26-7    father of a child filing in accordance with Chapter 160, subject to
 26-8    the limitations of that chapter [Section 160.101], but not
 26-9    otherwise;
26-10                (9)  a person, other than a foster parent, who has had
26-11    actual care, control, and possession of the child for at least six
26-12    months ending not more than 90 days preceding the date of the
26-13    filing of the petition;
26-14                (10)  a person designated as the managing conservator
26-15    in a revoked or unrevoked affidavit of relinquishment under Chapter
26-16    161 or to whom consent to adoption has been given in writing under
26-17    Chapter 162;
26-18                (11)  a person with whom the child and the child's
26-19    guardian, managing conservator, or parent have resided for at least
26-20    six months ending not more than 90 days preceding the date of the
26-21    filing of the petition if the child's guardian, managing
26-22    conservator, or parent is deceased at the time of the filing of the
26-23    petition;
26-24                (12)  a person who is the foster parent of a child
26-25    placed by the Department of Protective and Regulatory Services in
26-26    the person's home for at least 12 months ending not more than 90
26-27    days preceding the date of the filing of the petition; or
26-28                (13)  a person who is a relative of the child within
26-29    the third degree by consanguinity, as determined by Chapter 573,
26-30    Government Code, if the child's parents are deceased at the time of
26-31    the filing of the petition.
26-32          SECTION 2.08.  Section 102.006(a), Family Code, is amended to
26-33    read as follows:
26-34          (a)  Except as provided by Subsection (b), if the
26-35    parent-child relationship between the child and every living parent
26-36    of the child has been terminated, an original suit may not be filed
26-37    by:
26-38                (1)  a former parent whose parent-child relationship
26-39    with the child has been terminated by court order;
26-40                (2)  the [biological] father of the child; or
26-41                (3)  a family member or relative by blood, adoption, or
26-42    marriage of either a former parent whose parent-child relationship
26-43    has been terminated or of the [biological] father of the child.
26-44          SECTION 2.09.  Section 102.009(a), Family Code, is amended to
26-45    read as follows:
26-46          (a)  Except as provided by Subsection (b), the following are
26-47    entitled to service of citation on the filing of a petition in an
26-48    original suit:
26-49                (1)  a managing conservator;
26-50                (2)  a possessory conservator;
26-51                (3)  a person having possession of or access to the
26-52    child under an order;
26-53                (4)  a person required by law or by order to provide
26-54    for the support of the child;
26-55                (5)  a guardian of the person of the child;
26-56                (6)  a guardian of the estate of the child;
26-57                (7)  each parent as to whom the parent-child
26-58    relationship has not been terminated or process has not been waived
26-59    under Chapter 161;
26-60                (8)  an alleged father, unless there is attached to the
26-61    petition an affidavit of waiver of interest in a child executed by
26-62    the alleged father as provided by Chapter 161 or unless the
26-63    petitioner has complied with the provisions of Section
26-64    161.002(b)(2) or (b)(3);
26-65                (9)  a man who has filed a notice of intent to claim
26-66    paternity as provided by [Subchapter D,] Chapter 160;
26-67                (10)  the Department of Protective and Regulatory
26-68    Services, if the petition requests that the department be appointed
26-69    as managing conservator of the child; and
 27-1                (11)  the Title IV-D agency, if the petition requests
 27-2    the termination of the parent-child relationship and support rights
 27-3    have been assigned to the Title IV-D agency under Chapter 231.
 27-4          SECTION 2.10.  Section 105.002(b), Family Code, is amended to
 27-5    read as follows:
 27-6          (b)  A party may not demand a jury trial in:
 27-7                (1)  a suit in which adoption is sought, including a
 27-8    trial on the issue of denial or revocation of consent to the
 27-9    adoption by the managing conservator; or
27-10                (2)  a suit to adjudicate [determine] parentage under
27-11    Chapter 160.
27-12          SECTION 2.11.  Section 107.013(a), Family Code, is amended to
27-13    read as follows:
27-14          (a)  In a suit in which termination of the parent-child
27-15    relationship is requested, the court shall appoint an attorney ad
27-16    litem to represent the interests of:
27-17                (1)  an indigent parent of the child who responds in
27-18    opposition to the termination;
27-19                (2)  a parent served by citation by publication;
27-20                (3)  an alleged father who failed to register with the
27-21    registry under [Subchapter D,] Chapter 160[,] and whose identity or
27-22    location is unknown; and
27-23                (4)  an alleged father who registered with the
27-24    paternity registry under [Subchapter D,] Chapter 160, but the
27-25    petitioner's attempt to personally serve citation at the address
27-26    provided to the registry and at any other address for the alleged
27-27    father known by the petitioner has been unsuccessful.
27-28          SECTION 2.12.  Section 108.009(a), Family Code, is amended to
27-29    read as follows:
27-30          (a)  The state registrar shall substitute a new birth
27-31    certificate for the original based on the order in accordance with
27-32    laws or rules that permit the correction or substitution of a birth
27-33    certificate [certificates] for an adopted child or a child whose
27-34    parents marry each other [children or children presumed to be
27-35    biological children by the] subsequent to the birth of the child
27-36    [marriage of their parents].
27-37          SECTION 2.13.  Chapter 151, Family Code, is amended to read
27-38    as follows:
27-39                 CHAPTER 151.  RIGHTS AND DUTIES IN [THE]
27-40                         PARENT-CHILD RELATIONSHIP
27-41                    [SUBCHAPTER A.  GENERAL PROVISIONS]
27-42          Sec. 151.001.  [RELATION OF CHILD TO MOTHER AND FATHER. (a)
27-43    The parent-child relationship may be established between a child
27-44    and:]
27-45                [(1)  the biological mother by proof of her having
27-46    given birth to the child;]
27-47                [(2)  the biological father as provided by this code;
27-48    and]
27-49                [(3)  an adoptive parent by proof of adoption.]
27-50          [(b)  The parent-child relationship extends equally to every
27-51    child and parent regardless of the marital status of the parents.]
27-52          [Sec. 151.002.  PRESUMPTION OF PATERNITY.  (a)  A man is
27-53    presumed to be the biological father of a child if:]
27-54                [(1)  he and the child's biological mother are or have
27-55    been married to each other and the child is born during the
27-56    marriage or not more than 300 days after the date the marriage
27-57    terminated by death, annulment, or divorce or by having been
27-58    declared void;]
27-59                [(2)  before the child's birth, he and the child's
27-60    biological mother attempted to marry each other by a marriage in
27-61    apparent compliance with law, although the attempted marriage is or
27-62    could be declared void, and the child is born during the attempted
27-63    marriage or not more than 300 days after the date the attempted
27-64    marriage terminated by death, annulment, or divorce or by having
27-65    been declared void; or]
27-66                [(3)  after the child's birth, he and the child's
27-67    biological mother have married or attempted to marry each other by
27-68    a marriage in apparent compliance with law, although the attempted
27-69    marriage is or could be declared void or voided by annulment, and:]
 28-1                      [(A)  he has filed a written acknowledgment of
 28-2    his paternity of the child under Chapter 160;]
 28-3                      [(B)  he consents in writing to be named and is
 28-4    named as the child's father on the child's birth certificate; or]
 28-5                      [(C)  he is obligated to support the child under
 28-6    a written voluntary promise or by court order.]
 28-7          [(b)  A presumption under this section may be rebutted as
 28-8    provided by Section 160.110.]
 28-9          [Sec. 151.003.]  RIGHTS AND DUTIES OF PARENT.  (a)  A parent
28-10    of a child has the following rights and duties:
28-11                (1)  the right to have physical possession, to direct
28-12    the moral and religious training, and to establish the residence of
28-13    the child;
28-14                (2)  the duty of care, control, protection, and
28-15    reasonable discipline of the child;
28-16                (3)  the duty to support the child, including providing
28-17    the child with clothing, food, shelter, medical and dental care,
28-18    and education;
28-19                (4)  the duty, except when a guardian of the child's
28-20    estate has been appointed, to manage the estate of the child,
28-21    including the right as an agent of the child to act in relation to
28-22    the child's estate if the child's action is required by a state,
28-23    the United States, or a foreign government;
28-24                (5)  the right to the services and earnings of the
28-25    child;
28-26                (6)  the right to consent to the child's marriage,
28-27    enlistment in the armed forces of the United States, medical and
28-28    dental care, and psychiatric, psychological, and surgical
28-29    treatment;
28-30                (7)  the right to represent the child in legal action
28-31    and to make other decisions of substantial legal significance
28-32    concerning the child;
28-33                (8)  the right to receive and give receipt for payments
28-34    for the support of the child and to hold or disburse funds for the
28-35    benefit of the child;
28-36                (9)  the right to inherit from and through the child;
28-37                (10)  the right to make decisions concerning the
28-38    child's education; and
28-39                (11)  any other right or duty existing between a parent
28-40    and child by virtue of law.
28-41          (b)  The duty of a parent to support his or her child exists
28-42    while the child is an unemancipated minor and continues as long as
28-43    the child is fully enrolled in an accredited secondary school in a
28-44    program leading toward a high school diploma until the end of the
28-45    school year in which the child graduates.
28-46          (c)  A parent who fails to discharge the duty of support is
28-47    liable to a person who provides necessaries to those to whom
28-48    support is owed.
28-49          (d)  The rights and duties of a parent are subject to:
28-50                (1)  a court order affecting the rights and duties;
28-51                (2)  an affidavit of relinquishment of parental rights;
28-52    and
28-53                (3)  an affidavit by the parent designating another
28-54    person or agency to act as managing conservator.
28-55          Sec. 151.002 [151.004].  RIGHTS OF A LIVING CHILD AFTER AN
28-56    ABORTION OR PREMATURE BIRTH.  (a)  A living human child born alive
28-57    after an abortion or premature birth is entitled to the same
28-58    rights, powers, and privileges as are granted by the laws of this
28-59    state to any other child born alive after the normal gestation
28-60    period.
28-61          (b)  In this code, "born alive" means the complete expulsion
28-62    or extraction from its mother of a product of conception,
28-63    irrespective of the duration of pregnancy, which, after such
28-64    separation, breathes or shows any other evidence of life such as
28-65    beating of the heart, pulsation of the umbilical cord, or definite
28-66    movement of voluntary muscles, whether or not the umbilical cord
28-67    has been cut or the placenta is attached.  Each product of the
28-68    birth is considered born alive.
28-69          Sec. 151.003 [151.005].  LIMITATION ON STATE AGENCY ACTION.
 29-1    A state agency may not adopt rules or policies or take any other
 29-2    action that violates the fundamental right and duty of a parent to
 29-3    direct the upbringing of the parent's child.
 29-4                    [SUBCHAPTER B.  ASSISTED CONCEPTION]
 29-5          [Sec. 151.101.  ARTIFICIAL INSEMINATION.  (a)  If a husband
 29-6    consents to the artificial insemination of his wife, any resulting
 29-7    child is the child of both of them.  The consent must be in writing
 29-8    and must be acknowledged.]
 29-9          [(b)  If a woman is artificially inseminated, the resulting
29-10    child is not the child of the donor unless he is the husband.]
29-11          [Sec. 151.102.  OOCYTE DONATION.  (a)  If a husband consents
29-12    to provide sperm to fertilize a donor oocyte by in vitro
29-13    fertilization or other assisted reproductive techniques and the
29-14    wife consents to have a donor oocyte that has been fertilized with
29-15    her husband's sperm, pursuant to his consent, placed in her uterus,
29-16    a resulting child is the child of both of them.  The consent of
29-17    each must be in writing.]
29-18          [(b)  If a donor oocyte that has been fertilized with her
29-19    husband's sperm implants in a wife's uterus, a resulting child is
29-20    not the child of the donor of the oocyte.]
29-21          [Sec. 151.103.  EMBRYO DONATION.  (a)  If, with the consent
29-22    of the husband and the wife, a donated preimplantation embryo
29-23    implants in the uterus of the wife, a resulting child is the child
29-24    of both of them.  The consent must be in writing.]
29-25          [(b)  If, with the consent of the husband and the wife, a
29-26    donated preimplantation embryo implants in the uterus of the wife,
29-27    a resulting child is not the child of the donor or donors of the
29-28    preimplantation embryo.]
29-29          [(c)  Subsections (a)  and (b) apply whether the donated
29-30    preimplantation embryo is the result of separate egg and sperm
29-31    donations or the result of donation of an embryo created for the
29-32    purpose of assisting the reproduction of the donating couple.]
29-33          SECTION 2.14.  Section 154.131(b), Family Code, is amended to
29-34    read as follows:
29-35          (b)  In ordering retroactive child support, the court shall
29-36    consider the net resources of the obligor during the relevant time
29-37    period and whether:
29-38                (1)  the mother of the child had made any previous
29-39    attempts to notify the obligor [biological father] of his paternity
29-40    or probable paternity;
29-41                (2)  the obligor [biological father] had knowledge of
29-42    his paternity or probable paternity;
29-43                (3)  the order of retroactive child support will impose
29-44    an undue financial hardship on the obligor or the obligor's family;
29-45    and
29-46                (4)  the obligor has provided actual support or other
29-47    necessaries before the filing of the action.
29-48          SECTION 2.15.  Section 155.001(b), Family Code, is amended to
29-49    read as follows:
29-50          (b)  The following final orders do not create continuing,
29-51    exclusive jurisdiction in a court:
29-52                (1)  a voluntary or involuntary dismissal of a suit
29-53    affecting the parent-child relationship;
29-54                (2)  in a suit to determine parentage, a final order
29-55    finding that an alleged or presumed father is not the [biological]
29-56    father of the child, except that the jurisdiction of the court is
29-57    not affected if the child was subject to the jurisdiction of the
29-58    court or some other court in a suit affecting the parent-child
29-59    relationship before the commencement of the suit to adjudicate
29-60    [determine] parentage; and
29-61                (3)  a final order of adoption, after which a
29-62    subsequent suit affecting the child must be commenced as though the
29-63    child had not been the subject of a suit for adoption or any other
29-64    suit affecting the parent-child relationship before the adoption.
29-65          SECTION 2.16.  Sections 161.002(a)-(e), Family Code, are
29-66    amended to read as follows:
29-67          (a)  The procedural and substantive standards for termination
29-68    of parental rights apply to the termination of the rights of an
29-69    alleged [biological] father.
 30-1          (b)  The rights of an alleged [biological] father may be
 30-2    terminated if:
 30-3                (1)  after being served with citation, he does not
 30-4    respond by timely filing an admission of paternity or a
 30-5    counterclaim for paternity under Chapter 160 prior to the final
 30-6    hearing in the suit;
 30-7                (2)  he has not registered with the paternity registry
 30-8    under [Subchapter D,] Chapter 160, and after the exercise of due
 30-9    diligence by the petitioner:
30-10                      (A)  his identity and location are unknown; or
30-11                      (B)  his identity is known but he cannot be
30-12    located; or
30-13                (3)  he has registered with the paternity registry
30-14    under [Subchapter D,] Chapter 160, but the petitioner's attempt to
30-15    personally serve citation at the address provided to the registry
30-16    and at any other address for the alleged father known by the
30-17    petitioner has been unsuccessful, despite the due diligence of the
30-18    petitioner.
30-19          (c)  The termination of the rights of an alleged [biological]
30-20    father under Subsection (b)(2) rendered on or after January 1,
30-21    1998, does not require personal service of citation or citation by
30-22    publication on the alleged father.
30-23          (d)  The termination of rights of an alleged [biological]
30-24    father under Subsection (b)(3) does not require service of citation
30-25    by publication on the alleged father.
30-26          (e)  The court shall not render an order terminating parental
30-27    rights under Subsection (b)(2) unless the court, after reviewing
30-28    the petitioner's sworn affidavit describing the petitioner's effort
30-29    to identify and locate the alleged [biological] father and
30-30    considering any evidence submitted by the attorney ad litem for the
30-31    alleged [biological] father, has found that the petitioner
30-32    exercised due diligence in attempting to identify and locate the
30-33    alleged [biological] father.  The order shall contain specific
30-34    findings regarding due diligence of the petitioner.
30-35          SECTION 2.17. Section 233.028(d), Family Code, is amended to
30-36    read as follows:
30-37          (d)  If genetic [parentage] testing identifies [does not
30-38    exclude] the alleged parent as the parent of the child and the
30-39    results of a verified written report of a genetic [parentage]
30-40    testing expert meet the requirements of Chapter 160 for issuing a
30-41    temporary order, the Title IV-D agency may conduct a negotiation
30-42    conference to resolve any issues of support and file with the court
30-43    a child support review order.
30-44          SECTION 2.18. Section 42(b)(1), Texas Probate Code, is
30-45    amended to read as follows:
30-46                (1)  For the purpose of inheritance, a child is the
30-47    child of his biological father if the child is born under
30-48    circumstances described by Section 160.201 [151.002], Family Code,
30-49    is adjudicated to be the child of the father by court decree as
30-50    provided by Chapter 160, Family Code, was adopted by his father, or
30-51    if the father executed an acknowledgment [a statement] of paternity
30-52    as provided by Subchapter D, Chapter 160 [Section 160.202], Family
30-53    Code, or a like statement properly executed in another
30-54    jurisdiction, so that he and his issue shall inherit from his
30-55    father and from his paternal kindred, both descendants, ascendants,
30-56    and collaterals in all degrees, and they may inherit from him and
30-57    his issue.  A person claiming to be a biological child of the
30-58    decedent, who is not otherwise presumed to be a child of the
30-59    decedent, or claiming inheritance through a biological child of the
30-60    decedent, who is not otherwise presumed to be a child of the
30-61    decedent, may petition the probate court for a determination of
30-62    right of inheritance.  If the court finds by clear and convincing
30-63    evidence that the purported father was the biological father of the
30-64    child, the child is treated as any other child of the decedent for
30-65    the purpose of inheritance and he and his issue may inherit from
30-66    his paternal kindred, both descendants, ascendants, and collaterals
30-67    in all degrees, and they may inherit from him and his issue. This
30-68    section does not permit inheritance by a purported father of a
30-69    child, whether recognized or not, if the purported father's
 31-1    parental rights have been terminated.
 31-2                 ARTICLE 3.  EFFECTIVE DATE AND TRANSITION
 31-3          SECTION 3.01. This Act takes effect immediately if it
 31-4    receives a vote of two-thirds of all the members elected to each
 31-5    house, as provided by Section 39, Article III, Texas Constitution.
 31-6    If this Act does not receive the vote necessary for immediate
 31-7    effect, this Act takes effect September 1, 2001.
 31-8          SECTION 3.02.  The change in law made by this Act applies to
 31-9    a motion or other request for relief made in a parentage or
31-10    paternity proceeding that is commenced on or after the effective
31-11    date of this Act.  A motion or request for relief in a parentage or
31-12    paternity proceeding commenced before the effective date of this
31-13    Act is governed by the law in effect at the time the proceeding was
31-14    commenced, and the former law is continued in effect for that
31-15    purpose.
31-16                                 * * * * *