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 * * * * *