CHAPTER 160. UNIFORM PARENTAGE ACT
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 160. UNIFORM PARENTAGE ACT
SUBCHAPTER A. APPLICATION AND CONSTRUCTION
Sec. 160.001. APPLICATION AND CONSTRUCTION. This chapter shall
be applied and construed to promote the uniformity of the law
among the states that enact the Uniform Parentage Act.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.002. CONFLICTS BETWEEN PROVISIONS. If a provision of
this chapter conflicts with another provision of this title or
another state statute or rule and the conflict cannot be
reconciled, this chapter prevails.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
SUBCHAPTER B. GENERAL PROVISIONS
Sec. 160.101. SHORT TITLE. This chapter may be cited as the
Uniform Parentage Act.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.102. DEFINITIONS. In this chapter:
(1) "Adjudicated father" means a man who has been adjudicated by
a court to be the father of a child.
(2) "Assisted reproduction" means a method of causing pregnancy
other than sexual intercourse. The term includes:
(A) intrauterine insemination;
(B) donation of eggs;
(C) donation of embryos;
(D) in vitro fertilization and transfer of embryos; and
(E) intracytoplasmic sperm injection.
(3) "Child" means an individual of any age whose parentage may
be determined under this chapter.
(4) "Commence" means to file the initial pleading seeking an
adjudication of parentage in a court of this state.
(5) "Determination of parentage" means the establishment of the
parent-child relationship by the signing of a valid
acknowledgment of paternity under Subchapter D or by an
adjudication by a court.
(6) "Donor" means an individual who provides eggs or sperm to a
licensed physician to be used for assisted reproduction,
regardless of whether the eggs or sperm are provided for
consideration. The term does not include:
(A) a husband who provides sperm or a wife who provides eggs to
be used for assisted reproduction by the wife;
(B) a woman who gives birth to a child by means of assisted
reproduction; or
(C) an unmarried man who, with the intent to be the father of
the resulting child, provides sperm to be used for assisted
reproduction by an unmarried woman, as provided by Section
160.7031.
(7) "Ethnic or racial group" means, for purposes of genetic
testing, a recognized group that an individual identifies as all
or part of the individual's ancestry or that is identified by
other information.
(8) "Genetic testing" means an analysis of an individual's
genetic markers to exclude or identify a man as the father of a
child or a woman as the mother of a child. The term includes an
analysis of one or more of the following:
(A) deoxyribonucleic acid; and
(B) blood-group antigens, red-cell antigens, human-leukocyte
antigens, serum enzymes, serum proteins, or red-cell enzymes.
(9) "Intended parents" means individuals who enter into an
agreement providing that the individuals will be the parents of a
child born to a gestational mother by means of assisted
reproduction, regardless of whether either individual has a
genetic relationship with the child.
(10) "Man" means a male individual of any age.
(11) "Parent" means an individual who has established a
parent-child relationship under Section 160.201.
(12) "Paternity index" means the likelihood of paternity
determined by calculating the ratio between:
(A) the likelihood that the tested man is the father of the
child, based on the genetic markers of the tested man, the mother
of the child, and the child, conditioned on the hypothesis that
the tested man is the father of the child; and
(B) the likelihood that the tested man is not the father of the
child, based on the genetic markers of the tested man, the mother
of the child, and the child, conditioned on the hypothesis that
the tested man is not the father of the child and that the father
of the child is of the same ethnic or racial group as the tested
man.
(13) "Presumed father" means a man who, by operation of law
under Section 160.204, is recognized as the father of a child
until that status is rebutted or confirmed in a judicial
proceeding.
(14) "Probability of paternity" means the probability, with
respect to the ethnic or racial group to which the alleged father
belongs, that the alleged father is the father of the child,
compared to a random, unrelated man of the same ethnic or racial
group, expressed as a percentage incorporating the paternity
index and a prior probability.
(15) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in a perceivable form.
(16) "Signatory" means an individual who authenticates a record
and is bound by its terms.
(17) "Support enforcement agency" means a public official or
public agency authorized to seek:
(A) the enforcement of child support orders or laws relating to
the duty of support;
(B) the establishment or modification of child support;
(C) the determination of parentage;
(D) the location of child-support obligors and their income and
assets; or
(E) the conservatorship of a child or the termination of
parental rights.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 39, eff. September 1, 2007.
Sec. 160.103. SCOPE OF CHAPTER; CHOICE OF LAW. (a) Except as
provided by Chapter 233, this chapter governs every determination
of parentage in this state.
(b) The court shall apply the law of this state to adjudicate
the parent-child relationship. The applicable law does not depend
on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
(c) This chapter does not create, enlarge, or diminish parental
rights or duties under another law of this state.
(d) Repealed by Acts 2003, 78th Leg., ch. 457, Sec. 3.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001; Acts 2003, 78th Leg., ch. 457, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 22, eff. June 19, 2009.
Sec. 160.104. AUTHORIZED COURTS. The following courts are
authorized to adjudicate parentage under this chapter:
(1) a court with jurisdiction to hear a suit affecting the
parent-child relationship under this title; or
(2) a court with jurisdiction to adjudicate parentage under
another law of this state.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.105. PROTECTION OF PARTICIPANTS. A proceeding under
this chapter is subject to the other laws of this state governing
the health, safety, privacy, and liberty of a child or any other
individual who may be jeopardized by the disclosure of
identifying information, including the person's address,
telephone number, place of employment, and social security number
and the name of the child's day-care facility and school.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.106. DETERMINATION OF MATERNITY. The provisions of
this chapter relating to the determination of paternity apply to
a determination of maternity.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
SUBCHAPTER C. PARENT-CHILD RELATIONSHIP
Sec. 160.201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP. (a)
The mother-child relationship is established between a woman and
a child by:
(1) the woman giving birth to the child;
(2) an adjudication of the woman's maternity; or
(3) the adoption of the child by the woman.
(b) The father-child relationship is established between a man
and a child by:
(1) an unrebutted presumption of the man's paternity of the
child under Section 160.204;
(2) an effective acknowledgment of paternity by the man under
Subchapter D, unless the acknowledgment has been rescinded or
successfully challenged;
(3) an adjudication of the man's paternity;
(4) the adoption of the child by the man; or
(5) the man's consenting to assisted reproduction by his wife
under Subchapter H, which resulted in the birth of the child.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.202. NO DISCRIMINATION BASED ON MARITAL STATUS. A
child born to parents who are not married to each other has the
same rights under the law as a child born to parents who are
married to each other.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.203. CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE.
Unless parental rights are terminated, a parent-child
relationship established under this chapter applies for all
purposes, except as otherwise provided by another law of this
state.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001.
Sec. 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed
to be the father of a child if:
(1) he is married to the mother of the child and the child is
born during the marriage;
(2) he is married to the mother of the child and the child is
born before the 301st day after the date the marriage is
terminated by death, annulment, declaration of invalidity, or
divorce;
(3) he married the mother of the child before the birth of the
child in apparent compliance with law, even if the attempted
marriage is or could be declared invalid, and the child is born
during the invalid marriage or before the 301st day after the
date the marriage is terminated by death, annulment, declaration
of invalidity, or divorce;
(4) he married the mother of the child after the birth of the
child in apparent compliance with law, regardless of whether the
marriage is or could be declared invalid, he voluntarily asserted
his paternity of the child, and:
(A) the assertion is in a record filed with the bureau of vital
statistics;
(B) he is voluntarily named as the child's father on the child's
birth certificate; or
(C) he promised in a record to support the child as his own; or
(5) during the first two years of the child's life, he
continuously resided in the household in which the child resided
and he represented to others that the child was his own.
(b) A presumption of paternity established under this section
may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a presumed
father in conjunction with the filing by another person of a
valid acknowledgment of paternity as provided by Section 160.305.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June
14, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 10, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2003.
SUBCHAPTER D. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
Sec. 160.301. ACKNOWLEDGMENT OF PATERNITY. The mother of a
child and a man claiming to be the biological father of the child
may sign an acknowledgment of paternity with the intent to
establish the man's paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 2, eff.
Sept. 1, 2003.
Sec. 160.302. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (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.
(b) An acknowledgment of paternity is void if it:
(1) states that another man is a presumed father of the child,
unless a denial of paternity signed or otherwise authenticated by
the presumed father is filed with the bureau of vital statistics;
(2) states that another man is an acknowledged or adjudicated
father of the child; or
(3) falsely denies the existence of a presumed, acknowledged, or
adjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate an
acknowledgment of paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.303. DENIAL OF PATERNITY. A presumed father of a child
may sign a denial of his paternity. The denial is valid only if:
(1) an acknowledgment of paternity signed or otherwise
authenticated by another man is filed under Section 160.305;
(2) the denial is in a record and is signed or otherwise
authenticated under penalty of perjury; and
(3) the presumed father has not previously:
(A) acknowledged paternity of the child, unless the previous
acknowledgment has been rescinded under Section 160.307 or
successfully challenged under Section 160.308; or
(B) been adjudicated to be the father of the child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.304. RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY.
(a) An acknowledgment of paternity and a denial of paternity may
be contained in a single document or in different documents and
may be filed separately or simultaneously. If the acknowledgment
and denial are both necessary, neither document is valid until
both documents are filed.
(b) An acknowledgment of paternity or a denial of paternity may
be signed before the birth of the child.
(c) Subject to Subsection (a), an acknowledgment of paternity or
denial of paternity takes effect on the date of the birth of the
child or the filing of the document with the bureau of vital
statistics, whichever occurs later.
(d) An acknowledgment of paternity or denial of paternity signed
by a minor is valid if it otherwise complies with this chapter.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY.
(a) Except as provided by Sections 160.307 and 160.308, a valid
acknowledgment of paternity filed with the bureau of vital
statistics is the equivalent of an adjudication of the paternity
of a child and confers on the acknowledged father all rights and
duties of a parent.
(b) Except as provided by Sections 160.307 and 160.308, a valid
denial of paternity filed with the bureau of vital statistics in
conjunction with a valid acknowledgment of paternity is the
equivalent of an adjudication of the nonpaternity of the presumed
father and discharges the presumed father from all rights and
duties of a parent.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.306. FILING FEE NOT REQUIRED. The bureau of vital
statistics may not charge a fee for filing an acknowledgment of
paternity or denial of paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.307. PROCEEDING FOR RESCISSION. A signatory may
rescind an acknowledgment of paternity or denial of paternity by
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.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR
RESCISSION. (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. 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.
(b) A party challenging an acknowledgment of paternity or denial
of paternity has the burden of proof.
(c) Notwithstanding any other provision of this chapter, a
collateral attack on an acknowledgment of paternity signed under
this chapter may not be maintained after the fourth anniversary
of the date the acknowledgment of paternity is filed with the
bureau of vital statistics unless the signatory was a minor on
the date the signatory executed the acknowledgment. If the
signatory was a minor on the date the signatory executed the
acknowledgment, a collateral attack on the acknowledgment of
paternity may not be maintained after 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.
(d) For purposes of Subsection (a), evidence that, based on
genetic testing, the man who is the signatory of an
acknowledgement of paternity is not rebuttably identified as the
father of a child in accordance with Section 160.505 constitutes
a material mistake of fact.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
478, Sec. 1, eff. September 1, 2005.
Sec. 160.309. PROCEDURE FOR 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
rescind or challenge the acknowledgment or denial of paternity.
(b) For purposes 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 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 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 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.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.310. RATIFICATION BARRED. A court or administrative
agency conducting a judicial or administrative proceeding may not
ratify an unchallenged acknowledgment of paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.311. FULL FAITH AND CREDIT. A court of this state
shall give full faith and credit to an acknowledgment of
paternity or a denial of paternity that is effective in another
state if the acknowledgment or denial has been signed and is
otherwise in compliance with the law of the other state.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
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 acknowledgment of
paternity and the denial of paternity.
(b) A valid acknowledgment of paternity or denial of paternity
is not affected by a later modification of the prescribed form.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.313. RELEASE OF INFORMATION. The bureau of vital
statistics may release information relating to the acknowledgment
of paternity or denial of paternity to a signatory of the
acknowledgment or denial and to the courts and Title IV-D agency
of this or another state.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.314. ADOPTION OF RULES. The Title IV-D agency and the
bureau of vital statistics may adopt rules to implement this
subchapter.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.315. MEMORANDUM OF UNDERSTANDING. (a) The Title IV-D
agency and the bureau of vital statistics shall adopt a
memorandum of understanding governing the collection and transfer
of information for the voluntary acknowledgment of paternity.
(b) The Title IV-D agency and the bureau of vital statistics
shall review the memorandum semiannually and renew or modify the
memorandum as necessary.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
SUBCHAPTER E. REGISTRY OF PATERNITY
Sec. 160.401. ESTABLISHMENT OF REGISTRY. A registry of
paternity is established in the bureau of vital statistics.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.402. REGISTRATION FOR NOTIFICATION. (a) Except as
otherwise provided by Subsection (b), a man who desires to be
notified of a proceeding for the adoption of or the termination
of parental rights regarding a child that he may have fathered
may register with the registry of paternity:
(1) before the birth of the child; or
(2) not later than the 31st day after the date of the birth of
the child.
(b) A man is entitled to notice of a proceeding described by
Subsection (a) regardless of whether he registers with the
registry of paternity if:
(1) a father-child relationship between the man and the child
has been established under this chapter or another law; or
(2) the man commences a proceeding to adjudicate his paternity
before the court has terminated his parental rights.
(c) A registrant shall promptly notify the registry in a record
of any change in the information provided by the registrant. The
bureau of vital statistics shall incorporate all new information
received into its records but is not required to affirmatively
seek to obtain current information for incorporation in the
registry.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.403. NOTICE OF PROCEEDING. Except as provided by
Sections 161.002(b)(2), (3), and (4) and (f), notice of a
proceeding to adopt or to terminate parental rights regarding a
child must be given to a registrant who has timely registered
with regard to that child. Notice must be given in a manner
prescribed for service of process in a civil action.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 2, eff. September 1, 2007.
Sec. 160.404. TERMINATION OF PARENTAL RIGHTS: FAILURE TO
REGISTER. The parental rights of a man alleged to be the father
of a child may be terminated without notice as provided by
Section 161.002 if the man:
(1) did not timely register with the bureau of vital statistics;
and
(2) is not entitled to notice under Section 160.402 or 161.002.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.411. REQUIRED FORM. The bureau of vital statistics
shall adopt a form for registering with the registry. The form
must require the signature of the registrant. The form must state
that:
(1) the form is signed under penalty of perjury;
(2) a timely registration entitles the registrant to notice of a
proceeding for adoption of the child or for termination of the
registrant's parental rights;
(3) a timely registration does not commence a proceeding to
establish paternity;
(4) the information disclosed on the form may be used against
the registrant to establish paternity;
(5) services to assist in establishing paternity are available
to the registrant through the support enforcement agency;
(6) the registrant should also register in another state if the
conception or birth of the child occurred in the other state;
(7) information on registries in other states is available from
the bureau of vital statistics; and
(8) procedures exist to rescind the registration of a claim of
paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.412. FURNISHING OF INFORMATION; CONFIDENTIALITY. (a)
The bureau of vital statistics is not required to attempt to
locate the mother of a child who is the subject of a
registration. The bureau of vital statistics shall send a copy of
the notice of the registration to a mother who has provided an
address.
(b) Information contained in the registry is confidential and
may be released on request only to:
(1) a court or a person designated by the court;
(2) the mother of the child who is the subject of the
registration;
(3) an agency authorized by another law to receive the
information;
(4) a licensed child-placing agency;
(5) a support enforcement agency;
(6) a party, or the party's attorney of record, to a proceeding
under this chapter or a proceeding to adopt or to terminate
parental rights regarding a child who is the subject of the
registration; and
(7) the registry of paternity in another state.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.413. OFFENSE: UNAUTHORIZED RELEASE OF INFORMATION. (a)
A person commits an offense if the person intentionally releases
information from the registry of paternity to another person,
including an agency, that is not authorized to receive the
information under Section 160.412.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.414. RESCISSION OF REGISTRATION. A registrant may
rescind his registration at any time by sending to the registry a
rescission in a record or another manner authenticated by him and
witnessed or notarized.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.415. UNTIMELY REGISTRATION. If a man registers later
than the 31st day after the date of the birth of the child, the
bureau of vital statistics shall notify the registrant that the
registration was not timely filed.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
627, Sec. 1, eff. June 15, 2007.
Sec. 160.416. FEES FOR REGISTRY. (a) A fee may not be charged
for filing a registration or to rescind a registration.
(b) Except as otherwise provided by Subsection (c), the bureau
of vital statistics may charge a reasonable fee for making a
search of the registry and for furnishing a certificate.
(c) A support enforcement agency is not required to pay a fee
authorized by Subsection (b).
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.421. SEARCH OF APPROPRIATE REGISTRY. (a) If a
father-child relationship has not been established under this
chapter, a petitioner for the adoption of or the termination of
parental rights regarding the child must obtain a certificate of
the results of a search of the registry. The petitioner may
request a search of the registry on or after the 32nd day after
the date of the birth of the child, and the bureau of vital
statistics may not by rule impose a waiting period that must
elapse before the bureau will conduct the requested search.
(b) If the petitioner for the adoption of or the termination of
parental rights regarding a child has reason to believe that the
conception or birth of the child may have occurred in another
state, the petitioner must obtain a certificate of the results of
a search of the paternity registry, if any, in the other state.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
627, Sec. 2, eff. June 15, 2007.
Sec. 160.422. CERTIFICATE OF SEARCH OF REGISTRY. (a) The
bureau of vital statistics shall furnish a certificate of the
results of a search of the registry on request by an individual,
a court, or an agency listed in Section 160.412(b).
(b) The certificate of the results of a search must be signed on
behalf of the bureau and state that:
(1) a search has been made of the registry; and
(2) a registration containing the information required to
identify the registrant:
(A) has been found and is attached to the certificate; or
(B) has not been found.
(c) A petitioner must file the certificate of the results of a
search of the registry with the court before a proceeding for the
adoption of or termination of parental rights regarding a child
may be concluded.
(d) A search of the registry is not required if a parent-child
relationship exists between a man and the child, as provided by
Section 160.201(b), and that man:
(1) has been served with citation of the proceeding for
termination of the parent-child relationship; or
(2) has signed a relinquishment of parental rights with regard
to the child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 3, eff. September 1, 2007.
Sec. 160.423. ADMISSIBILITY OF CERTIFICATE. A certificate of
the results of a search of the registry in this state or of a
paternity registry in another state is admissible in a proceeding
for the adoption of or the termination of parental rights
regarding a child and, if relevant, in other legal proceedings.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
SUBCHAPTER F. GENETIC TESTING
Sec. 160.501. APPLICATION OF SUBCHAPTER. This subchapter
governs genetic testing of an individual to determine parentage,
regardless of whether the individual:
(1) voluntarily submits to testing; or
(2) is tested under an order of a court or a support enforcement
agency.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.502. ORDER FOR TESTING. (a) Except as otherwise
provided by this subchapter and by Subchapter G, a court shall
order a child and other designated individuals to submit to
genetic testing if the request is made by a party to a proceeding
to determine parentage.
(b) If a request for genetic testing of a child is made before
the birth of the child, the court or support enforcement agency
may not order in utero testing.
(c) If two or more men are subject to court-ordered genetic
testing, the testing may be ordered concurrently or sequentially.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.503. REQUIREMENTS FOR GENETIC TESTING. (a) Genetic
testing must be of a type reasonably relied on by experts in the
field of genetic testing. The testing must be performed in a
testing laboratory accredited by:
(1) the American Association of Blood Banks, or a successor to
its functions;
(2) the American Society for Histocompatibility and
Immunogenetics, or a successor to its functions; or
(3) an accrediting body designated by the federal secretary of
health and human services.
(b) A specimen used in genetic testing may consist of one or
more samples, or a combination of samples, of blood, buccal
cells, bone, hair, or other body tissue or fluid. The specimen
used in the testing is not required to be of the same kind for
each individual undergoing genetic testing.
(c) Based on the ethnic or racial group of an individual, the
testing laboratory shall determine the databases from which to
select frequencies for use in the calculation of the probability
of paternity of the individual. If there is disagreement as to
the testing laboratory's choice:
(1) the objecting individual may require the testing laboratory,
not later than the 30th day after the date of receipt of the
report of the test, to recalculate the probability of paternity
using an ethnic or racial group different from that used by the
laboratory;
(2) the individual objecting to the testing laboratory's initial
choice shall:
(A) if the frequencies are not available to the testing
laboratory for the ethnic or racial group requested, provide the
requested frequencies compiled in a manner recognized by
accrediting bodies; or
(B) engage another testing laboratory to perform the
calculations; and
(3) the testing laboratory may use its own statistical estimate
if there is a question regarding which ethnic or racial group is
appropriate and, if available, shall calculate the frequencies
using statistics for any other ethnic or racial group requested.
(d) If, after recalculation using a different ethnic or racial
group, genetic testing does not rebuttably identify a man as the
father of a child under Section 160.505, an individual who has
been tested may be required to submit to additional genetic
testing.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.504. REPORT OF GENETIC TESTING. (a) A report of the
results of genetic testing must be in a record and signed under
penalty of perjury by a designee of the testing laboratory. A
report made under the requirements of this subchapter is
self-authenticating.
(b) Documentation from the testing laboratory is sufficient to
establish a reliable chain of custody that allows the results of
genetic testing to be admissible without testimony if the
documentation includes:
(1) the name and photograph of each individual whose specimens
have been taken;
(2) the name of each individual who collected the specimens;
(3) the places in which the specimens were collected and the
date of each collection;
(4) the name of each individual who received the specimens in
the testing laboratory; and
(5) the dates the specimens were received.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.505. GENETIC TESTING RESULTS; REBUTTAL. (a) A man is
rebuttably identified as the father of a child under this chapter
if the genetic testing complies with this subchapter and the
results disclose:
(1) that the man has at least a 99 percent probability of
paternity, using a prior probability of 0.5, as calculated by
using the combined paternity index obtained in the testing; and
(2) a combined paternity index of at least 100 to 1.
(b) A man identified as the father of a child under Subsection
(a) may rebut the genetic testing results only by producing other
genetic testing satisfying the requirements of this subchapter
that:
(1) excludes the man as a genetic father of the child; or
(2) identifies another man as the possible father of the child.
(c) Except as otherwise provided by Section 160.510, if more
than one man is identified by genetic testing as the possible
father of the child, the court shall order each man to submit to
further genetic testing to identify the genetic father.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.506. COSTS OF GENETIC TESTING. (a) Subject to the
assessment of costs under Subchapter G, the cost of initial
genetic testing must be advanced:
(1) by a support enforcement agency, if the agency is providing
services in the proceeding;
(2) by the individual who made the request;
(3) as agreed by the parties; or
(4) as ordered by the court.
(b) In cases in which the cost of genetic testing is advanced by
the support enforcement agency, the agency may seek reimbursement
from a man who is rebuttably identified as the father.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.507. ADDITIONAL GENETIC TESTING. The court or the
support enforcement agency shall order additional genetic testing
on the request of a party who contests the result of the original
testing. If the previous genetic testing identified a man as the
father of the child under Section 160.505, the court or agency
may not order additional testing unless the party provides
advance payment for the testing.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.508. GENETIC TESTING WHEN ALL INDIVIDUALS NOT
AVAILABLE. (a) Subject to Subsection (b), if a genetic testing
specimen for good cause and under circumstances the court
considers to be just is not available from a man who may be the
father of a child, a court may order the following individuals to
submit specimens for genetic testing:
(1) the parents of the man;
(2) any brothers or sisters of the man;
(3) any other children of the man and their mothers; and
(4) other relatives of the man necessary to complete genetic
testing.
(b) A court may not render an order under this section unless
the court finds that the need for genetic testing outweighs the
legitimate interests of the individual sought to be tested.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.509. DECEASED INDIVIDUAL. For good cause shown, the
court may order genetic testing of a deceased individual.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.510. IDENTICAL BROTHERS. (a) The court may order
genetic testing of a brother of a man identified as the father of
a child if the man is commonly believed to have an identical
brother and evidence suggests that the brother may be the genetic
father of the child.
(b) If each brother satisfies the requirements of Section
160.505 for being the identified father of the child and there is
not another identical brother being identified as the father of
the child, the court may rely on nongenetic evidence to
adjudicate which brother is the father of the child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.511. OFFENSE: UNAUTHORIZED RELEASE OF SPECIMEN. (a) A
person commits an offense if the person intentionally releases an
identifiable specimen of another person for any purpose not
relevant to the parentage proceeding and without a court order or
the written permission of the person who furnished the specimen.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
SUBCHAPTER G. PROCEEDING TO ADJUDICATE PARENTAGE
Sec. 160.601. PROCEEDING AUTHORIZED; RULES OF PROCEDURE. (a) A
civil proceeding may be maintained to adjudicate the parentage of
a child.
(b) The proceeding is governed by the Texas Rules of Civil
Procedure, except as provided by Chapter 233.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 23, eff. June 19, 2009.
Sec. 160.602. STANDING TO MAINTAIN PROCEEDING. (a) Subject to
Subchapter D and Sections 160.607 and 160.609 and except as
provided by Subsection (b), a proceeding to adjudicate parentage
may be maintained by:
(1) the child;
(2) the mother of the child;
(3) a man whose paternity of the child is to be adjudicated;
(4) the support enforcement agency or another government agency
authorized by other law;
(5) an authorized adoption agency or licensed child-placing
agency;
(6) a representative authorized by law to act for an individual
who would otherwise be entitled to maintain a proceeding but who
is deceased, is incapacitated, or is a minor;
(7) a person related within the second degree by consanguinity
to the mother of the child, if the mother is deceased; or
(8) a person who is an intended parent.
(b) After the date a child having no presumed, acknowledged, or
adjudicated father becomes an adult, a proceeding to adjudicate
the parentage of the adult child may only be maintained by the
adult child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001. Amended by Acts 2003, 78th Leg., ch. 457, Sec. 1, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1248, Sec. 3, eff. Sept.
1, 2003.
Sec. 160.603. NECESSARY PARTIES TO PROCEEDING. The following
individuals must be joined as parties in a proceeding to
adjudicate parentage:
(1) the mother of the child; and
(2) a man whose paternity of the child is to be adjudicated.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.604. PERSONAL JURISDICTION. (a) An individual may not
be adjudicated to be a parent unless the court has personal
jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate
parentage may exercise personal jurisdiction over a nonresident
individual or the guardian or conservator of the individual if
the conditions in Section 159.201 are satisfied.
(c) Lack of jurisdiction over one individual does not preclude
the court from making an adjudication of parentage binding on
another individual over whom the court has personal jurisdiction.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.605. VENUE. Venue for a proceeding to adjudicate
parentage is in the county of this state in which:
(1) the child resides or is found;
(2) the respondent resides or is found if the child does not
reside in this state; or
(3) a proceeding for probate or administration of the presumed
or alleged father's estate has been commenced.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.606. NO TIME LIMITATION: CHILD HAVING NO PRESUMED,
ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate
the parentage of a child having no presumed, acknowledged, or
adjudicated father may be commenced at any time, including after
the date:
(1) the child becomes an adult; or
(2) an earlier proceeding to adjudicate paternity has been
dismissed based on the application of a statute of limitation
then in effect.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.
(a) Except as otherwise provided by Subsection (b), a proceeding
brought by a presumed father, the mother, or another individual
to adjudicate the parentage of a child having a presumed father
shall be commenced not later than the fourth anniversary of the
date of the birth of the child.
(b) A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed father may
be maintained at any time if the court determines that:
(1) the presumed father and the mother of the child did not live
together or engage in sexual intercourse with each other during
the probable time of conception; and
(2) the presumed father never represented to others that the
child was his own.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 4, eff.
Sept. 1, 2003.
Sec. 160.608. AUTHORITY TO DENY MOTION FOR GENETIC TESTING. (a)
In a proceeding to adjudicate parentage, a court may deny a
motion for an order for the genetic testing of the mother, the
child, and the presumed father if the court determines that:
(1) the conduct of the mother or the presumed father estops that
party from denying parentage; and
(2) it would be inequitable to disprove the father-child
relationship between the child and the presumed father.
(b) In determining whether to deny a motion for an order for
genetic testing under this section, the court shall consider the
best interest of the child, including the following factors:
(1) the length of time between the date of the proceeding to
adjudicate parentage and the date the presumed father was placed
on notice that he might not be the genetic father;
(2) the length of time during which the presumed father has
assumed the role of father of the child;
(3) the facts surrounding the presumed father's discovery of his
possible nonpaternity;
(4) the nature of the relationship between the child and the
presumed father;
(5) the age of the child;
(6) any harm that may result to the child if presumed paternity
is successfully disproved;
(7) the nature of the relationship between the child and the
alleged father;
(8) the extent to which the passage of time reduces the chances
of establishing the paternity of another man and a child support
obligation in favor of the child; and
(9) other factors that may affect the equities arising from the
disruption of the father-child relationship between the child and
the presumed father or the chance of other harm to the child.
(c) In a proceeding involving the application of this section, a
child who is a minor or is incapacitated must be represented by
an amicus attorney or attorney ad litem.
(d) A denial of a motion for an order for genetic testing must
be based on clear and convincing evidence.
(e) If the court denies a motion for an order for genetic
testing, the court shall issue an order adjudicating the presumed
father to be the father of the child.
(f) This section applies to a proceeding to rescind or challenge
an acknowledgment of paternity or a denial of paternity as
provided by Section 160.309(d).
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 5, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
172, Sec. 17, eff. September 1, 2005.
Sec. 160.609. TIME LIMITATION: CHILD HAVING ACKNOWLEDGED OR
ADJUDICATED FATHER. (a) If a child has an acknowledged father,
a signatory to the acknowledgment or denial of paternity may
commence a proceeding 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.
(b) If a child has an acknowledged father or an adjudicated
father, an individual, other than the child, who is not a
signatory to the acknowledgment or a party to the adjudication
and who seeks an adjudication of paternity of the child must
commence a proceeding not later than the fourth anniversary of
the effective date of the acknowledgment or adjudication.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.610. JOINDER OF PROCEEDINGS. (a) Except as provided
by Subsection (b), a proceeding to adjudicate parentage may be
joined with a proceeding for adoption, termination of parental
rights, possession of or access to a child, child support,
divorce, annulment, or probate or administration of an estate or
another appropriate proceeding.
(b) A respondent may not join a proceeding described by
Subsection (a) with a proceeding to adjudicate parentage brought
under Chapter 159.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding to
determine parentage commenced before the birth of the child may
not be concluded until after the birth of the child.
(b) In a proceeding described by Subsection (a), the following
actions may be taken before the birth of the child:
(1) service of process;
(2) discovery; and
(3) except as prohibited by Section 160.502, collection of
specimens for genetic testing.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.612. CHILD AS PARTY; REPRESENTATION. (a) A minor
child is a permissible party, but is not a necessary party to a
proceeding under this subchapter.
(b) The court shall appoint an amicus attorney or attorney ad
litem to represent a child who is a minor or is incapacitated if
the child is a party or the court finds that the interests of the
child are not adequately represented.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
172, Sec. 18, eff. September 1, 2005.
Sec. 160.621. ADMISSIBILITY OF RESULTS OF GENETIC TESTING;
EXPENSES. (a) Except as otherwise provided by Subsection (c), a
report of a genetic testing expert is admissible as evidence of
the truth of the facts asserted in the report. The admissibility
of the report is not affected by whether the testing was
performed:
(1) voluntarily or under an order of the court or a support
enforcement agency; or
(2) before or after the date of commencement of the proceeding.
(b) A party objecting to the results of genetic testing may call
one or more genetic testing experts to testify in person or by
telephone, videoconference, deposition, or another method
approved by the court. Unless otherwise ordered by the court, the
party offering the testimony bears the expense for the expert
testifying.
(c) If a child has a presumed, acknowledged, or adjudicated
father, the results of genetic testing are inadmissible to
adjudicate parentage unless performed:
(1) with the consent of both the mother and the presumed,
acknowledged, or adjudicated father; or
(2) under an order of the court under Section 160.502.
(d) Copies of bills for genetic testing and for prenatal and
postnatal health care for the mother and child that are furnished
to the adverse party on or before the 10th day before the date of
a hearing are admissible to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary, and customary.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.622. CONSEQUENCES OF DECLINING GENETIC TESTING. (a)
An order for genetic testing is enforceable by contempt.
(b) A court may adjudicate parentage contrary to the position of
an individual whose paternity is being determined on the grounds
that the individual declines to submit to genetic testing as
ordered by the court.
(c) Genetic testing of the mother of a child is not a
prerequisite to testing the child and a man whose paternity is
being determined. If the mother is unavailable or declines to
submit to genetic testing, the court may order the testing of the
child and each man whose paternity is being adjudicated.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.623. ADMISSION OF PATERNITY AUTHORIZED. (a) A
respondent in a proceeding to adjudicate parentage may admit to
the paternity of a child by filing a pleading to that effect or
by admitting paternity under penalty of perjury when making an
appearance or during a hearing.
(b) If the court finds that the admission of paternity satisfies
the requirements of this section and that there is no reason to
question the admission, the court shall render an order
adjudicating the child to be the child of the man admitting
paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.624. TEMPORARY ORDER. (a) In a proceeding under this
subchapter, the court shall render a temporary order for child
support for a child if the order is appropriate and the
individual ordered to pay child support:
(1) is a presumed father of the child;
(2) is petitioning to have his paternity adjudicated;
(3) is identified as the father through genetic testing under
Section 160.505;
(4) is an alleged father who has declined to submit to genetic
testing;
(5) is shown by clear and convincing evidence to be the father
of the child; or
(6) is the mother of the child.
(b) A temporary order may include provisions for the possession
of or access to the child as provided by other laws of this
state.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.631. RULES FOR ADJUDICATION OF PATERNITY. (a) The
court shall apply the rules stated in this section to adjudicate
the paternity of a child.
(b) The paternity of a child having a presumed, acknowledged, or
adjudicated father may be disproved only by admissible results of
genetic testing excluding that man as the father of the child or
identifying another man as the father of the child.
(c) Unless the results of genetic testing are admitted to rebut
other results of genetic testing, the man identified as the
father of a child under Section 160.505 shall be adjudicated as
being the father of the child.
(d) Unless the results of genetic testing are admitted to rebut
other results of genetic testing, a man excluded as the father of
a child by genetic testing shall be adjudicated as not being the
father of the child.
(e) If the court finds that genetic testing under Section
160.505 does not identify or exclude a man as the father of a
child, the court may not dismiss the proceeding. In that event,
the results of genetic testing and other evidence are admissible
to adjudicate the issue of paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.632. JURY PROHIBITED. The court shall adjudicate
paternity of a child without a jury.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.633. HEARINGS; INSPECTION OF RECORDS. (a) A
proceeding under this subchapter is open to the public as in
other civil cases.
(b) Papers and records in a proceeding under this subchapter are
available for public inspection.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 11, eff.
Sept. 1, 2003.
Sec. 160.634. ORDER ON DEFAULT. The court shall issue an order
adjudicating the paternity of a man who:
(1) after service of process, is in default; and
(2) is found by the court to be the father of a child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.635. DISMISSAL FOR WANT OF PROSECUTION. The court may
issue an order dismissing a proceeding commenced under this
chapter for want of prosecution only without prejudice. An order
of dismissal for want of prosecution purportedly with prejudice
is void and has only the effect of a dismissal without prejudice.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.636. ORDER ADJUDICATING PARENTAGE; COSTS. (a) The
court shall render an order adjudicating whether a man alleged or
claiming to be the father is the parent of the child.
(b) An order adjudicating parentage must identify the child by
name and date of birth.
(c) Except as otherwise provided by Subsection (d), the court
may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other
reasonable expenses incurred in a proceeding under this
subchapter. Attorney's fees awarded by the court may be paid
directly to the attorney. An attorney who is awarded attorney's
fees may enforce the order in the attorney's own name.
(d) The court may not assess fees, costs, or expenses against
the support enforcement agency of this state or another state,
except as provided by other law.
(e) On request of a party and for good cause shown, the court
may order that the name of the child be changed.
(f) If the order of the court is at variance with the child's
birth certificate, the court shall order the bureau of vital
statistics to issue an amended birth record.
(g) On a finding of parentage, the court may order retroactive
child support as provided by Chapter 154 and, on a proper
showing, order a party to pay an equitable portion of all of the
prenatal and postnatal health care expenses of the mother and the
child.
(h) In rendering an order for retroactive child support under
this section, the court shall use the child support guidelines
provided by Chapter 154, together with any relevant factors.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.637. BINDING EFFECT OF DETERMINATION OF PARENTAGE. (a)
Except as otherwise provided by Subsection (b) or Section
160.316, a determination of parentage is binding on:
(1) all signatories to an acknowledgment or denial of paternity
as provided by Subchapter D; and
(2) all parties to an adjudication by a court acting under
circumstances that satisfy the jurisdictional requirements of
Section 159.201.
(b) A child is not bound by a determination of parentage under
this chapter unless:
(1) the determination was based on an unrescinded acknowledgment
of paternity and the acknowledgment is consistent with the
results of genetic testing;
(2) the adjudication of parentage was based on a finding
consistent with the results of genetic testing and the
consistency is declared in the determination or is otherwise
shown; or
(3) the child was a party or was represented in the proceeding
determining parentage by an attorney ad litem.
(c) In a proceeding to dissolve a marriage, the court is
considered to have made an adjudication of the parentage of a
child if the court acts under circumstances that satisfy the
jurisdictional requirements of Section 159.201, and the final
order:
(1) expressly identifies the child as "a child of the marriage"
or "issue of the marriage" or uses similar words indicating that
the husband is the father of the child; or
(2) provides for the payment of child support for the child by
the husband unless paternity is specifically disclaimed in the
order.
(d) Except as otherwise provided by Subsection (b), a
determination of parentage may be a defense in a subsequent
proceeding seeking to adjudicate parentage by an individual who
was not a party to the earlier proceeding.
(e) A party to an adjudication of paternity may challenge the
adjudication only under the laws of this state relating to
appeal, the vacating of judgments, or other judicial review.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
SUBCHAPTER H. CHILD OF ASSISTED REPRODUCTION
Sec. 160.701. SCOPE OF SUBCHAPTER. This subchapter applies only
to a child conceived by means of assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.702. PARENTAL STATUS OF DONOR. A donor is not a parent
of a child conceived by means of assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.703. HUSBAND'S PATERNITY OF CHILD OF ASSISTED
REPRODUCTION. If a husband provides sperm for or consents to
assisted reproduction by his wife as provided by Section 160.704,
he is the father of a resulting child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14,
2001.
Sec. 160.7031. UNMARRIED MAN'S PATERNITY OF CHILD OF ASSISTED
REPRODUCTION. (a) If an unmarried man, with the intent to be
the father of a resulting child, provides sperm to a licensed
physician and consents to the use of that sperm for assiste