CHAPTER 160. UNIFORM PARENTAGE ACT

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > 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;

(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

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;

(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.

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

(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.

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.

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.

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.

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

(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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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