BILL ANALYSIS
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Chapter 160 of the Family Code, is Texas’ version of the Uniform Parentage Act (UPA) which was promulgated by the National Conference of Commissioners on Uniform State Laws in 2000 and amended in 2002. The UPA incorporates among its provisions certain mandates of federal law affecting state statutes for the establishment of paternity. [Receipt of federal funds for a state’s child support enforcement program and public assistance programs are contingent on state enactment of, inter alia, laws for paternity establishment under 42 U.S.C. 666(a)(5).]
These federal mandates include requirements for the use of voluntary acknowledgment of paternity that constitutes “a legal finding of paternity,” unless rescinded by a signatory within the earlier of the 60th day after the acknowledgment’s effective date or the date of the first hearing in a proceeding to adjudicate an issue relating to the child, including the setting of a child support obligation.
After the expiration of this federal, statutory time period for rescission, the acknowledgment may be challenged by a signatory only on the basis of fraud, duress, or material mistake of fact. While the federal statute sets time limits for the rescission of an acknowledgment, it is silent with regard to time limits for the commencement of a challenge to the acknowledgment after the expiration of the period for rescission. Section 160.308 of the Family Code, provides that a proceeding to challenge an acknowledgment (or denial) of paternity must commence before the fourth anniversary of the date the acknowledgment (or denial) is filed with the bureau of vital statistics.
Both the UPA and the Texas version of the UPA under Chapter 160, Family Code, provide for the signing of a voluntary acknowledgment of paternity by a minor. Concerns, however, have been expressed in various forums about protecting the interests of minors who are signatories to acknowledgments of paternity. These concerns have to do with situations in which, for example, in the excitement of the birth of a child or because of accepted assertions of the mother, a minor might sign an acknowledgment of paternity of a child who is, in fact, not his genetic offspring. There is also concern that the minor signatory might not have fully understood the legal consequences of signing an acknowledgment, including the duty of child support
The purpose of C.S.H.B.209 is, in effect, to toll the four-year time period under Section 160.308, Family Code, for commencing a proceeding to challenge an acknowledgment (or denial) of paternity when a signatory was a minor at the time the acknowledgment (or denial) of paternity was executed. Under this bill, the four-year period for a challenge by a minor signatory would begin on the earlier of the date the signatory reaches the signatory’s 18th birthday or the signatory’s disabilities of minority are removed by court order, marriage, or other operation of law.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Sections 160.308(a) and (c) of the Family Code, to provide that if a signatory to an acknowledgment or denial of paternity was a minor at the time the acknowledgment or denial of paternity was executed, a proceeding to challenge the acknowledgment or denial must commence before the earlier of the fourth anniversary of the date of the signatory’s 18th birthday or the removal of the signatory’s disabilities of minority by court order, marriage, or other operation of law; furthermore, if the signatory to an acknowledgment of paternity was a minor at the time the acknowledgment was executed, a collateral attack on the acknowledgment may not be maintained after the earlier of the fourth anniversary of the date of the signatory’s 18th birthday or the removal of the signatory’s disabilities of minority by court order, marriage, or other operation of law.
SECTION 2. The change in law made by this Act to Section 160.308, Family Code, applies to an acknowledgment of paternity executed before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2005.
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B.209 modifies the original H.B.209 by amending Section 160.307 of the Family Code, to extend the time periods within which a minor signatory to an acknowledgment of paternity would be able to rescind the acknowledgment. Federal law is, however, specific in limiting the opportunity for rescission of an acknowledgment [42 U.S.C. 666(a)(5)(D)(ii)], and states must respect the requirements of the federal law in order to receive federal subsidies, both for its child support enforcement program under Title IV-D of the federal Social Security Act and for its public assistance programs under Title IV-A of the Act. Federal law does leave open the time periods within which an acknowledgment of paternity may be challenged, and, accordingly, C.S.H.B.209 amends H.B.209 to provide, under Section 160.308(a) of the Family Code, for a signatory to an acknowledgment or a denial of paternity who was a minor at the time of the execution of the acknowledgment or denial of paternity to be able to commence a proceeding to challenge the acknowledgment or denial at any time before the earlier of the fourth anniversary of the date of: (1) the signatory's 18th birthday; or (2) the removal of the signatory's disabilities of minority by court order, marriage, or by other operation of law.