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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of paternity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 160.201(b), Family Code, is amended to |
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read as follows: |
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(b) The father-child relationship is established between a |
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man and a child by: |
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(1) an unrebutted presumption of the man's paternity |
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of the child under Section 160.204; |
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(2) an effective acknowledgment of paternity by the |
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man under Subchapter D[, unless the acknowledgment has been
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rescinded or successfully challenged]; |
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(3) an adjudication of the man's paternity; |
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(4) the adoption of the child by the man; or |
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(5) the man's consenting to assisted reproduction by |
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his wife under Subchapter H, which resulted in the birth of the |
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child. |
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SECTION 2. Section 160.204(a), Family Code, is amended to |
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read as follows: |
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(a) A man is presumed to be the father of a child if: |
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(1) he is married to the mother of the child and the |
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child is born during the marriage; |
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(2) he is married to the mother of the child and the |
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child is born before the 301st day after the date the marriage is |
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terminated by death, annulment, declaration of invalidity, or |
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divorce; |
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(3) he married the mother of the child before the birth |
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of the child in apparent compliance with law, even if the attempted |
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marriage is or could be declared invalid, and the child is born |
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during the invalid marriage or before the 301st day after the date |
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the marriage is terminated by death, annulment, declaration of |
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invalidity, or divorce; |
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(4) he married the mother of the child after the birth |
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of the child in apparent compliance with law, regardless of whether |
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the marriage is or could be declared invalid, he voluntarily |
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asserted his paternity of the child, and: |
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(A) the assertion is: |
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(i) in a record filed with the bureau of |
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vital statistics; or |
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(ii) confirmed by the results of genetic |
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testing [and (B) he is voluntarily named as the child's father on
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the child's birth certificate]; or |
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(B) [(C)] he promised in a record to support the |
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child as his own; or |
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(5) during the first two years of the child's life, he |
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continuously resided in the household in which the child resided |
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and he represented to others that the child was his own. |
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SECTION 3. Section 160.301, Family Code, is amended to read |
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as follows: |
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Sec. 160.301. ACKNOWLEDGMENT OF PATERNITY. The mother of a |
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child and a man claiming to be the biological father of the child |
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may sign an acknowledgment of paternity with the intent to |
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establish the man's paternity only after there has been genetic |
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testing with results that are consistent with the man's claim of |
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paternity. |
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SECTION 4. Section 160.302(a), Family Code, is amended to |
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read as follows: |
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(a) An acknowledgment of paternity must: |
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(1) be in a record; |
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(2) be signed, or otherwise authenticated, under |
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penalty of perjury by the mother and the man seeking to establish |
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paternity; |
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(3) state that the child whose paternity is being |
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acknowledged: |
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(A) does not have a presumed father or has a |
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presumed father whose full name is stated; and |
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(B) does not have another acknowledged or |
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adjudicated father; |
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(4) state that [whether] there has been genetic |
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testing and[, if so, that] the acknowledging man's claim of |
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paternity is consistent with the results of the testing; and |
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(5) state that the signatories understand that the |
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acknowledgment is the equivalent of a judicial adjudication of the |
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paternity of the child [and that a challenge to the acknowledgment
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is permitted only under limited circumstances and is barred after
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four years]. |
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SECTION 5. Section 160.303, Family Code, is amended to read |
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as follows: |
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Sec. 160.303. DENIAL OF PATERNITY. A presumed father of a |
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child may sign a denial of his paternity. The denial is valid only |
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if: |
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(1) an acknowledgment of paternity signed or otherwise |
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authenticated by another man is filed under Section 160.305; |
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(2) the denial is in a record and is signed or |
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otherwise authenticated under penalty of perjury; and |
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(3) the presumed father has not previously: |
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(A) acknowledged paternity of the child[, unless
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the previous acknowledgment has been rescinded under Section
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160.307 or successfully challenged under Section 160.308]; or |
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(B) been adjudicated to be the father of the |
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child. |
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SECTION 6. Sections 160.304(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) An acknowledgment of paternity [or a denial of
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paternity] may not be signed unless the man's claim of paternity is |
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confirmed by the results of genetic testing [before the birth of the
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child]. |
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(c) Subject to Subsection (a), a [an acknowledgment of
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paternity or] denial of paternity may be signed before the birth of |
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the child and takes effect on the date of the [birth of the child or
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the] filing of the document with the bureau of vital statistics[,
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whichever occurs later]. |
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SECTION 7. Sections 160.305 and 160.310, Family Code, are |
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amended to read as follows: |
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Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF |
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PATERNITY. (a) A [Except as provided by Sections 160.307 and
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160.308, a] valid acknowledgment of paternity filed with the bureau |
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of vital statistics is the equivalent of an adjudication of the |
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paternity of a child and confers on the acknowledged father all |
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rights and duties of a parent. |
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(b) A [Except as provided by Sections 160.307 and 160.308,
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a] valid denial of paternity filed with the bureau of vital |
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statistics in conjunction with a valid acknowledgment of paternity |
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is the equivalent of an adjudication of the nonpaternity of the |
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presumed father and discharges the presumed father from all rights |
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and duties of a parent. |
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Sec. 160.310. RATIFICATION BARRED. A court or |
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administrative agency conducting a judicial or administrative |
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proceeding may not ratify an [unchallenged] acknowledgment of |
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paternity. |
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SECTION 8. Section 160.312(a), Family Code, is amended to |
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read as follows: |
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(a) To facilitate compliance with this subchapter, the |
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bureau of vital statistics shall prescribe forms for the |
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acknowledgment of paternity and the denial of paternity. The form |
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for the acknowledgment of paternity must require the man seeking to |
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establish paternity to state that the man's claim of paternity is |
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consistent with the results of genetic testing. |
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SECTION 9. Section 160.609, Family Code, is amended to read |
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as follows: |
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Sec. 160.609. TIME LIMITATION: CHILD HAVING [ACKNOWLEDGED
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OR] ADJUDICATED FATHER. [(a)
If a child has an acknowledged
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father, a signatory to the acknowledgment or denial of paternity
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may commence a proceeding seeking to rescind the acknowledgment or
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denial or to challenge the paternity of the child only within the
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time allowed under Section 160.307 or 160.308.
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[(b)] If a child has an [acknowledged father or an] |
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adjudicated father, an individual, other than the child, who is not |
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a [signatory to the acknowledgment or a] party to the adjudication |
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and who seeks an adjudication of paternity of the child must |
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commence a proceeding not later than the fourth anniversary of the |
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effective date of the [acknowledgment or] adjudication. |
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SECTION 10. Section 160.634, Family Code, is amended to |
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read as follows: |
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Sec. 160.634. ORDER ON DEFAULT. The court shall issue an |
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order adjudicating the paternity of a man who: |
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(1) after having been personally served with [service
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of] process, is in default; and |
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(2) is found by the court to be the father of a child. |
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SECTION 11. Section 160.637, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) A child is not bound by a determination of parentage |
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under this chapter unless: |
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(1) the determination was based on an [unrescinded] |
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acknowledgment of paternity and the acknowledgment is consistent |
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with the results of genetic testing; |
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(2) the adjudication of parentage was based on a |
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finding consistent with the results of genetic testing and the |
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consistency is declared in the determination or is otherwise shown; |
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or |
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(3) the child was a party or was represented in the |
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proceeding determining parentage by an attorney ad litem. |
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(f) An adjudication of parentage is not binding on a person |
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who was not personally served with process in the suit adjudicating |
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parentage unless the person personally appeared in the suit. |
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SECTION 12. Sections 160.307, 160.308, 160.309, and |
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160.608(f), Family Code, are repealed. |
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SECTION 13. (a) Except as provided by Subsection (b) of |
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this section, the changes in law made by this Act apply only to an |
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acknowledgment or denial of paternity filed on or after the |
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effective date of this Act. An acknowledgment or denial of |
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paternity filed before the effective date of this Act is governed by |
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the law in effect on the date the acknowledgment or denial of |
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paternity was filed, and the former law is continued in effect for |
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that purpose. |
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(b) The changes in law made by this Act to Sections 160.634 |
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and 160.637, Family Code, apply only to a proceeding to adjudicate |
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the parentage of a child filed on or after the effective date of |
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this Act. A proceeding filed before the effective date of this Act |
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is governed by the law in effect on the date the proceeding was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2009. |