By: West S.B. No. 232
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures for rescinding or challenging an
  acknowledgment or denial of paternity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 160.302, Family Code, is
  amended to read as follows:
         (a)  An acknowledgment of paternity must:
               (1)  be in a record;
               (2)  be signed, or otherwise authenticated, under
  penalty of perjury by the mother and the man seeking to establish
  paternity;
               (3)  state that the child whose paternity is being
  acknowledged:
                     (A)  does not have a presumed father or has a
  presumed father whose full name is stated; and
                     (B)  does not have another acknowledged or
  adjudicated father;
               (4)  state whether there has been genetic testing and,
  if so, that the acknowledging man's claim of paternity is
  consistent with the results of the testing; and
               (5)  state that the signatories understand that the
  acknowledgment is the equivalent of a judicial adjudication of the
  paternity of the child and that a challenge to the acknowledgment is
  permitted only under limited circumstances [and is barred after
  four years].
         SECTION 2.  Section 160.306, Family Code, is amended to read
  as follows:
         Sec. 160.306.  FILING FEE NOT REQUIRED.  The bureau of vital
  statistics may not charge a fee for filing:
               (1)  an acknowledgment of paternity;
               (2)  a [or] denial of paternity; or
               (3)  a rescission of an acknowledgment of paternity or
  denial of paternity.
         SECTION 3.  Section 160.307, Family Code, is amended to read
  as follows:
         Sec. 160.307.  [PROCEEDING FOR] RESCISSION.  (a)  A
  signatory may rescind an acknowledgment of paternity or denial of
  paternity by filing a completed rescission under Subsection (b),
  accompanied by the signed return receipts from each person required
  to be notified under Subsection (b)(2), [commencing a proceeding to
  rescind] before the earlier of:
               (1)  the 60th day after the effective date of the
  acknowledgment or denial, as provided by Section 160.304; or
               (2)  the date of the first hearing in a proceeding to
  which the signatory is a party before a court to adjudicate an issue
  relating to the child, including a proceeding that establishes
  child support.
         (b)  A signatory seeking to rescind an acknowledgment of
  paternity or denial of paternity must file with the bureau of vital
  statistics a completed rescission, on the form prescribed under
  Section 160.312, in which the signatory declares under penalty of
  perjury that:
               (1)  as of the date the rescission is filed, a court
  hearing has not been held in a proceeding affecting the child
  identified in the acknowledgment of paternity or denial of
  paternity, including a proceeding to establish child support;
               (2)  a copy of the completed rescission was sent by
  certified or registered mail, return receipt requested, to:
                     (A)  if the rescission is of an acknowledgment of
  paternity, the other signatory of the acknowledgment of paternity
  and the signatory of any related denial of paternity; or
                     (B)  if the rescission is of a denial of
  paternity, both signatories of the acknowledgment of paternity; and
               (3)  if the acknowledgment of paternity or denial of
  paternity to be rescinded is filed in connection with a Title IV-D
  case, a copy of the completed rescission was sent by certified or
  registered mail to the Title IV-D agency.
         (c)  On receipt of a completed rescission, accompanied by the
  signed return receipts from each person required to be notified
  under Subsection (b)(2), the bureau of vital statistics shall void
  the acknowledgment of paternity or denial of paternity affected by
  the rescission and amend the birth record of the child, if
  appropriate.
         (d)  Any party affected by the rescission, including the
  Title IV-D agency, may contest the rescission by filing a
  proceeding not later than the 60th day after the date on which the
  rescission is filed with the bureau of vital statistics.
         SECTION 4.  Section 160.308, Family Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  After the period for rescission under Section 160.307
  has expired, a signatory of an acknowledgment of paternity or
  denial of paternity may commence a proceeding to challenge the
  acknowledgment or denial only on the basis of fraud, duress, or
  material mistake of fact.  Except as provided by Subsection (e),
  the [The] proceeding must be commenced before the fourth
  anniversary of the date the acknowledgment or denial is filed with
  the bureau of vital statistics unless the signatory was a minor on
  the date the signatory executed the acknowledgment or denial.  If
  the signatory was a minor on the date the signatory executed the
  acknowledgment or denial, the proceeding must be commenced 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.
         (e)  A proceeding authorized by Subsection (a) may be
  commenced after the applicable deadline specified by that
  subsection if, as of the date the proceeding is commenced, a court
  has not rendered an order affecting the child identified in the
  acknowledgment or denial of paternity, including an order relating
  to support of the child.
         SECTION 5.  Section 160.309, Family Code, is amended to read
  as follows:
         Sec. 160.309.  PROCEDURE FOR CONTEST OF RESCISSION OR
  CHALLENGE.  (a)  Each signatory to an acknowledgment of paternity
  and any related denial of paternity must be made a party to a
  proceeding to contest a rescission of [rescind] or challenge the
  acknowledgment or denial of paternity.
         (b)  For purposes of the contest of the rescission of or [a]
  challenge to an acknowledgment of paternity or denial of paternity,
  a signatory submits to the personal jurisdiction of this state by
  signing the acknowledgment or denial. The jurisdiction is
  effective on the filing of the document with the bureau of vital
  statistics.
         (c)  Except for good cause shown, while a proceeding is
  pending to contest a rescission of [rescind] or challenge an
  acknowledgment of paternity or a denial of paternity, the court may
  not suspend the legal responsibilities of a signatory arising from
  the acknowledgment, including the duty to pay child support.
         (d)  A proceeding to contest a rescission of [rescind] or
  [to] challenge an acknowledgment of paternity or a denial of
  paternity shall be conducted in the same manner as a proceeding to
  adjudicate parentage under Subchapter G.
         (e)  At the conclusion of a proceeding to contest a
  rescission of [rescind] or challenge an acknowledgment of paternity
  or a denial of paternity, the court shall order the bureau of vital
  statistics to amend the birth record of the child, if appropriate.
         SECTION 6.  Section 160.312, Family Code, is amended to read
  as follows:
         Sec. 160.312.  FORMS [FOR ACKNOWLEDGMENT AND DENIAL OF
  PATERNITY].  (a)  To facilitate compliance with this subchapter,
  the bureau of vital statistics shall prescribe forms for the:
               (1)  acknowledgment of paternity;
               (2)  [and the] denial of paternity; and
               (3)  rescission of an acknowledgment or denial of
  paternity.
         (b)  A valid acknowledgment of paternity, [or] denial of
  paternity, or rescission of an acknowledgment or denial of
  paternity is not affected by a later modification of the prescribed
  form.
         SECTION 7.  Section 160.313, Family Code, is amended to read
  as follows:
         Sec. 160.313.  RELEASE OF INFORMATION.  The bureau of vital
  statistics may release information relating to the acknowledgment
  or denial of paternity or rescission of the acknowledgment or
  denial of paternity to a signatory of the acknowledgment, [or]
  denial, or rescission and to the courts and Title IV-D agency of
  this or another state.
         SECTION 8.  Subsection (a), Section 160.609, Family Code, is
  amended to read as follows:
         (a)  If a child has an acknowledged father, a signatory to
  the acknowledgment or denial of paternity may commence a proceeding
  to contest the rescission of [seeking to rescind] the
  acknowledgment or denial or to challenge the paternity of the child
  only within the time allowed under Section 160.307 or 160.308.
         SECTION 9.  The changes in law made by this Act apply only to
  an acknowledgment or denial of paternity that becomes effective on
  or after the effective date of this Act. An acknowledgment or
  denial of paternity that became effective before the effective date
  of this Act is governed by the law in effect at the time the
  acknowledgment or denial of paternity became effective, and the
  former law is continued in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2009.