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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of parentage and the duty to pay |
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retroactive child support, including the duty to pay retroactive |
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child support beginning on the date of the child's conception. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.131, Family Code, is amended by |
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amending Subsection (d) and adding Subsections (g), (h), and (i) to |
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read as follows: |
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(d) The presumption created under Subsection (c) [this |
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section] may be rebutted by evidence that the obligor: |
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(1) knew or should have known that the obligor was the |
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father of the child for whom support is sought; and |
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(2) sought to avoid the establishment of a support |
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obligation to the child. |
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(g) Subject to Subsections (c) and (d), it is presumed to be |
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reasonable and in the best interest of the child for a court to |
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order retroactive child support for the child beginning on the |
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earliest possible date of the child's conception, as determined by: |
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(1) a physician using standard medical practice, as |
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defined by Section 171.201, Health and Safety Code; or |
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(2) a preponderance of other evidence presented to the |
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court, including the testimony of a parent of the child. |
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(h) On a proper showing, the court shall order the obligor |
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to pay, as additional retroactive child support, an equitable |
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portion of all prenatal and postnatal health care expenses of the |
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mother and the child. |
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(i) The court shall confirm the amount of retroactive child |
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support and render a cumulative money judgment for the total amount |
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of retroactive child support owed. |
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SECTION 2. Section 160.304(c), Family Code, is amended to |
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read as follows: |
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(c) Subject to Subsection (a), an acknowledgment of |
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paternity or denial of paternity takes effect on [the date of the |
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birth of the child or] the filing of the document with the vital |
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statistics unit[, whichever occurs later]. |
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SECTION 3. Section 160.502(b), Family Code, is amended to |
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read as follows: |
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(b) If a request for genetic testing of a child is made |
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before the birth of the child, the court or support enforcement |
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agency may [not] order in utero testing only if the request is made |
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by the pregnant mother. |
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SECTION 4. Section 160.506, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The court may not order a support enforcement agency |
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under Subsection (a)(1) to advance the costs of genetic testing |
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performed in utero under Section 160.502(b). |
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SECTION 5. Section 160.611, Family Code, is amended to read |
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as follows: |
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Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding |
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to determine parentage commenced before the birth of the child may |
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not be concluded until after the birth of the child unless the |
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pregnant mother commences the proceeding. |
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(b) Notwithstanding Subsection (a), in any [In a] |
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proceeding to determine parentage commenced before the birth of the |
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child [described by Subsection (a)], the following actions may be |
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taken before the birth of the child: |
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(1) service of process; |
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(2) discovery; and |
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(3) except as prohibited by Section 160.502, |
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collection of specimens for genetic testing. |
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SECTION 6. Sections 160.636(b) and (g), Family Code, are |
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amended to read as follows: |
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(b) An order adjudicating parentage must identify the child |
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by name and date of birth, except that if the order is rendered |
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before the date of the child's birth: |
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(1) the order must identify the mother and father of |
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the unborn child and the child's expected date of birth; and |
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(2) as soon as practicable after the date of the |
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child's birth, the order must be amended to identify the child by |
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name and date of birth. |
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(g) On a finding of parentage, the court shall [may] order |
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retroactive child support as provided by Section 154.131 [Chapter |
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154 and, on a proper showing, order a party to pay an equitable |
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portion of all of the prenatal and postnatal health care expenses of |
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the mother and the child]. |
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SECTION 7. Section 160.636(h), Family Code, is repealed. |
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SECTION 8. The changes in law made by this Act with respect |
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to an order adjudicating paternity apply only to an order rendered |
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on or after the effective date of this Act. An order adjudicating |
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paternity rendered before the effective date of this Act is |
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governed by the law in effect on the date the order is rendered, and |
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the former law is continued in effect for that purpose. |
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SECTION 9. The changes in law made by this Act with respect |
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to an acknowledgment of paternity or denial of paternity apply only |
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to an acknowledgment of paternity or denial of paternity executed |
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on or after the effective date of this Act. An acknowledgment of |
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paternity or denial of paternity executed before the effective date |
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of this Act is governed by the law in effect on the date the |
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acknowledgment or denial is executed, and the former law is |
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continued in effect for that purpose. |
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SECTION 10. The changes in law made by this Act to Section |
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160.611, Family Code, apply to a proceeding to determine parentage |
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that is pending on the effective date of this Act or filed on or |
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after that date. |
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SECTION 11. This Act takes effect September 1, 2025. |